SENATE BILL No. 1185

 

 

March 22, 2006, Introduced by Senators JELINEK, GOSCHKA, BROWN, CROPSEY, McMANUS and BARCIA and referred to the Committee on Judiciary.

 

 

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

(MCL 600.101 to 600.9947) by adding section 2922b.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2922b. (1) An individual who uses force in compliance

 

with the self-defense act, and who is not engaged in the commission

 

of a crime at the time he or she used that force, is immune from

 

civil liability for the use of that force. This subsection does not

 

grant immunity for damages caused to an individual other than the

 

individual against whom the use of force is authorized under the

 

self-defense act.

 

     (2) The court shall, under this section, award the payment of

 

actual and reasonable attorney fees and costs to an individual who

 


is alleged to have used force against another individual if the

 

court determines that the use of force was in compliance with the

 

self-defense act and that the individual is immune from civil

 

liability under subsection (1).

 

     Enacting section 1.  This amendatory act does not take effect

 

unless all of the following bills of the 93rd Legislature are

 

enacted into law:

 

     (a) House Bill No. 5143.

 

     (b) House Bill No. 5153.