1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, in general principles of
3justification, further providing for definitions, for use of
4force in self-protection, for use of force for the protection
5of property and for use of force by persons with special
6responsibility for care, discipline or safety of others.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. Section 501 of Title 18 of the Pennsylvania
10Consolidated Statutes is amended by adding a definition to read:

11§ 501. Definitions.

12Subject to additional definitions contained in subsequent
13provisions of this chapter which are applicable to specific
14provisions of this chapter, the following words and phrases,
15when used in this chapter shall have, unless the context clearly
16indicates otherwise, the meanings given to them in this section:

17* * *

18"Public safety dispatcher." An individual that has fulfilled
19all minimum training and certification standards for emergency

1dispatchers, call takers and supervisors who work for 911
2emergency communications centers or remote dispatch points in
3this Commonwealth in accordance with 4 Pa. Code Ch. 120c
4(relating to training and certification standards for 911
5emergency communications personnel).

6* * *

7Section 2. Section 505(b)(1), (2), (2.2), (2.3) and (2.4) of
8Title 18 are amended to read:

9§ 505. Use of force in self-protection.

10* * *

11(b) Limitations on justifying necessity for use of force.--

12(1) The use of force is not justifiable under this
13section:

14(i) to resist an arrest which the actor knows is
15being made by a peace officer, although the arrest is
16unlawful; [or]

17(ii) to resist force used by the occupier or
18possessor of property or by another person on his behalf,
19where the actor knows that the person using the force is
20doing so under a claim of right to protect the property,
21except that this limitation shall not apply if:

22(A) the actor is a public officer acting in the
23performance of his duties or a person lawfully
24assisting him therein or a person making or assisting
25in a lawful arrest;

26(B) the actor has been unlawfully dispossessed
27of the property and is making a reentry or recaption
28justified by section 507 of this title (relating to
29use of force for the protection of property); or

30(C) the actor believes that such force is

1necessary to protect himself against death or serious
2bodily injury[.];

3(iii) if the actor knows that he can avoid the
4necessity of using such force with complete safety by
5retreating; or

6(iv) if the actor was instructed by a peace officer
7or public safety dispatcher to not pursue another person.

8(2) The use of deadly force is not justifiable under
9this section unless the actor believes that such force is
10necessary to protect himself against death, serious bodily
11injury, kidnapping or sexual intercourse compelled by force
12or threat; nor is it justifiable if:

13(i) the actor, with the intent of causing death or
14serious bodily injury, provoked the use of force against
15himself in the same encounter; [or]

16(ii) the actor knows that he can avoid the necessity
17of using such force with complete safety by retreating[,
18except the actor is not obliged to retreat from his
19dwelling or place of work, unless he was the initial
20aggressor or is assailed in his place of work by another
21person whose place of work the actor knows it to be.]; or

22(iii) the actor was instructed by a peace officer or
23a public safety dispatcher to not pursue another person.

24* * *

25(2.2) The presumption set forth in paragraph (2.1) does
26not apply if:

27(i) the person against whom the force is used has
28the right to be in or is a lawful resident of the
29dwelling, residence or vehicle, such as an owner or
30lessee;

1(ii) the person sought to be removed is a child or
2grandchild or is otherwise in the lawful custody or under
3the lawful guardianship of the person against whom the
4protective force is used;

5(iii) the actor is engaged in a criminal activity or
6is using the dwelling, residence or occupied vehicle to
7further a criminal activity; [or]

8(iv) the person against whom the force is used is a 
9peace officer acting in the performance of his official 
10duties and the actor using force knew or reasonably 
11should have known that the person was a peace officer[.];

12(v) the actor knows that he can avoid the necessity
13of using such force with complete safety by retreating;
14or

15(vi) the actor was instructed by a peace officer or
16public safety dispatcher to not pursue another person.

17[(2.3) An actor who is not engaged in a criminal 
18activity, who is not in illegal possession of a firearm and 
19who is attacked in any place where the actor would have a 
20duty to retreat under paragraph (2)(ii) has no duty to 
21retreat and has the right to stand his ground and use force, 
22including deadly force, if:

23(i) the actor has a right to be in the place where
24he was attacked;

25(ii) the actor believes it is immediately necessary
26to do so to protect himself against death, serious bodily
27injury, kidnapping or sexual intercourse by force or
28threat; and

29(iii) the person against whom the force is used
30displays or otherwise uses:

1(A) a firearm or replica of a firearm as defined
2in 42 Pa.C.S. § 9712 (relating to sentences for
3offenses committed with firearms); or

4(B) any other weapon readily or apparently
5capable of lethal use.

6(2.4) The exception to the duty to retreat set forth
7under paragraph (2.3) does not apply if the person against
8whom the force is used is a peace officer acting in the
9performance of his official duties and the actor using force
10knew or reasonably should have known that the person was a
11peace officer.]

12* * *

13Section 3. Section 507(c) of Title 18 is amended by adding
14paragraphs to read:

15§ 507. Use of force for the protection of property.

16* * *

17(c) Limitations on justifiable use of force.--

18* * *

19(3.1) The use of force to prevent or terminate a
20trespass is not justifiable under this section if:

21(i) the actor knows that he can avoid the necessity
22of using such force with complete safety by retreating;
23or

24(ii) the actor was instructed by a peace officer or
25public safety dispatcher to not pursue another person.

26* * *

27(5) The use of deadly force is not justifiable under
28this section if:

29(i) the actor knows that he can avoid the necessity
30of using such force with complete safety by retreating;

1or

2(ii) the actor was instructed by a peace officer or
3public safety dispatcher to not pursue another person.

4* * *

5Section 4. Section 509 of Title 18 is amended to read:

6§ 509. Use of force by persons with special responsibility for
7care, discipline or safety of others.

8(a) Justifiable use of force.--The use of force upon or
9toward the person of another is justifiable if:

10(1) The actor is the parent or guardian or other person
11similarly responsible for the general care and supervision of
12a minor or a person acting at the request of such parent,
13guardian or other responsible person and:

14(i) the force is used for the purpose of
15safeguarding or promoting the welfare of the minor,
16including the preventing or punishment of his misconduct;
17and

18(ii) the force used is not designed to cause or
19known to create a substantial risk of causing death,
20serious bodily injury, disfigurement, extreme pain or
21mental distress or gross degradation.

22(2) The actor is a teacher or person otherwise entrusted
23with the care or supervision for a special purpose of a minor
24and:

25(i) the actor believes that the force used is
26necessary to further such special purpose, including the
27maintenance of reasonable discipline in a school, class
28or other group, and that the use of such force is
29consistent with the welfare of the minor; and

30(ii) the degree of force, if it had been used by the

1parent or guardian of the minor, would not be
2unjustifiable under paragraph (1)(ii).

3(3) The actor is the guardian or other person similarly
4responsible for the general care and supervision of an
5incapacitated, mentally ill or mentally retarded person; and:

6(i) the force is used for the purpose of
7safeguarding or promoting the welfare of the
8incapacitated, mentally ill or mentally retarded person,
9including the prevention of his misconduct, and there is
10no reasonable alternative to the use of such force; and

11(ii) the force used is not designed to cause or
12known to create a substantial risk of causing death,
13bodily injury, disfigurement, unnecessary pain, mental
14distress, or humiliation.

15(4) The actor is a doctor or other therapist or a person
16assisting him at his direction; and:

17(i) the force is used for the purpose of
18administering a recognized form of treatment not
19prohibited by law of this Commonwealth which the actor
20believes to be adapted to promoting the physical or
21mental health of the patient; and

22(ii) the treatment is administered with the consent
23of the patient, or, if the patient is a minor or an
24incapacitated person with the consent of his parent or
25guardian or other person legally competent to consent in
26his behalf, or the treatment is administered in an
27emergency when the actor believes that no one competent
28to consent can be consulted and that a reasonable person,
29wishing to safeguard the welfare of the patient, would
30consent.

1(5) The actor is a warden or other authorized official
2of a correctional institution; and:

3(i) he believes that the force used is necessary for
4the purpose of enforcing the lawful rules or procedures
5of the institution, unless his belief in the lawfulness
6of the rule or procedure sought to be enforced is
7erroneous and his error is due to ignorance or mistake as
8to the provisions of this title, any other provision of
9the criminal law or the law governing the administration
10of the institution;

11(ii) the nature or degree of force used is not
12forbidden by law; and

13(iii) if deadly force is used, its use is otherwise
14justifiable under this chapter.

15(6) The actor is a person responsible for the safety of
16a vessel or an aircraft or a person acting at his direction;
17and:

18(i) he believes that the force used is necessary to
19prevent interference with the operation of the vessel or
20aircraft or obstruction of the execution of a lawful
21order, unless his belief in the lawfulness of the order
22is erroneous and his error is due to ignorance or mistake
23as to the law defining his authority; and

24(ii) if deadly force is used, its use is otherwise
25justifiable under this chapter.

26(7) The actor is a person who is authorized or required
27by law to maintain order or decorum in a vehicle, train or
28other carrier or in a place where others are assembled; and:

29(i) he believes that the force used is necessary for
30such purpose; and

1(ii) the force used is not designed to cause death,
2or known to create a substantial risk of causing death,
3bodily injury, or extreme mental distress.

4(b) Use of force not justifiable.--The use of force upon or
5toward the person of another is not justifiable if:

6(1) the actor knows that he can avoid the necessity of
7using such force with complete safety by retreating; or

8(2) the actor was instructed by a peace officer or
9public safety dispatcher to not pursue another person.

10Section 5. This act shall take effect in 60 days.