PUBLIC CHAPTER NO. 210

HOUSE BILL NO. 1907

By Representatives Rinks, McDonald, Curtis Johnson, Fincher, Hardaway,

Dean, Litz, Pitts, Bibb, Bone, Baird, Mike Turner, Moore, Sargent, Roach,

Matheny, Bass, Eldridge, Ulysses Jones, Hood, Fraley, Pruitt, McManus,

Coleman, Maddox, Miller, Fitzhugh, Campfield, DuBois, Bell, Hensley,

Ferguson, Mumpower, Hill, Favors, Sontany, Yokley, Hawk, Odom,

Hackworth, Coley, Williams, Phillip Johnson, Watson, Ford, Dunn, Tidwell,

Lollar, Niceley, McCormick, Montgomery, Rowland, Lundberg, Floyd,

Maggart, Harrison, Armstrong, Harry Brooks, McDaniel, Jim Cobb

Substituted for: Senate Bill No. 11

By Senator Jackson and Mr. Speaker Ramsey and Senators Norris, Tracy,

Kilby, Marrero, Stanley, Beavers, Black, Bunch, Burchett, Burks, Cooper,

Crowe, Crutchfield, Lowe Finney, Raymond Finney, Ford, Harper, Haynes,

Henry, Herron, Johnson, Ketron, Kurita, Kyle, McNally, Southerland, Tate,

Watson, Wilder, Williams, Woodson

AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 11, Part

6, relative to the use of self defense and deadly force.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF

TENNESSEE:

SECTION 1. Tennessee Code Annotated, Section 39-11-611, is

amended by deleting the section in its entirety and substituting instead the

following:

(a) As used in this section:

(1) "Curtilage" means the area surrounding a dwelling that

is necessary, convenient and habitually used for the family

purposes and for those activities associated with the sanctity of a

person's home.

(2) "Dwelling" means a building or conveyance of any

kind, including any attached porch, whether the building or

conveyance is temporary or permanent, mobile or immobile, which

has a roof over it, including a tent, and is designed for or capable

of use by people.

(3) "Residence" means a dwelling in which a person

resides either temporarily or permanently, or is visiting as an

invited guest, or any dwelling, building or other appurtenance

within the curtilage of such residence.

(4) "Vehicle" means any motororized vehicle that is self-

propelled and designed for use on public highways to transport

people or property.

(b)

(1) Notwithstanding the provisions of § 39-17-1322, a

person who is not engaged in unlawful activity and is in a place

where such person has a right to be has no duty to retreat before

threatening or using force against another person when and to the

degree the person reasonably believes the force is immediately

necessary to protect against the other's use or attempted use of

unlawful force.

(2) Notwithstanding the provisions of § 39-17-1322, a

person who is not engaged in unlawful activity and is in a place

where such person has a right to be has no duty to retreat before

threatening or using force intended or likely to cause death or

serious bodily injury if:

(A) The person has a reasonable belief that there

is an imminent danger of death or serious bodily injury;

(B) The danger creating the belief of imminent

death or serious bodily injury is real, or honestly believed

to be real at the time; and

(C) The belief of danger is founded upon

reasonable grounds.

(c) Any person using force intended or likely to cause death or

serious bodily injury within a residence, dwelling or vehicle is presumed to

have held a reasonable belief of imminent death or serious bodily injury to

self, family, a member of the household or a person visiting as an invited

guest when that force is used against another person, who unlawfully and

forcibly enters or has unlawfully and forcibly entered the residence,

dwelling or vehicle, and the person using defensive force knew or had

reason to believe that an unlawful and forcible entry occurred.

(d) The presumption established in subsection (c) shall not apply

if:

(1) The person against whom the force is used has the

right to be in or is a lawful resident of the dwelling, residence, or

vehicle, such as an owner, lessee, or titleholder, provided such

person is not prohibited from entering the dwelling, residence, or

occupied vehicle by an order of protection, injunction for protection

from domestic abuse, or a court order of no contact against that

person;

(2) The person against whom the force is used is

attempting to remove a person or persons who is a child or

grandchild of, or is otherwise in the lawful custody or under the

lawful guardianship of, the person against whom the defensive

force is used;

(3) Notwithstanding the provisions of § 39-17-1322, the

person using force is engaged in an unlawful activity or is using

the dwelling, residence, or occupied vehicle to further an unlawful

activity; or

(4) The person against whom force is used is a law

enforcement officer, as defined in § 39-11-106(21), who enters or

attempts to enter a dwelling, residence, or vehicle in the

performance of his or her official duties, and the officer identified

himself or herself in accordance with any applicable law, or the

person using force knew or reasonably should have known that

the person entering or attempting to enter was a law enforcement

officer.

(e) The threat or use of force against another is not justified:

(1) If the person using force consented to the exact force

used or attempted by the other individual;

(2) If the person using force provoked the other

individual's use or attempted use of unlawful force, unless:

(A) The person using force abandons the

encounter or clearly communicates to the other the intent

to do so; and

(B) The other person nevertheless continues or

attempts to use unlawful force against the person; or

(3) To resist a halt at a roadblock, arrest, search, or stop

and frisk that the person using force knows is being made by a

law enforcement officer, unless:

(A) The law enforcement officer uses or attempts

to use greater force than necessary to make the arrest,

search, stop and frisk, or halt; and

(B) The person using force reasonably believes

that the force is immediately necessary to protect against

the law enforcement officer's use or attempted use of

greater force than necessary.

SECTION 3. Tennessee Code Annotated, Title 39, Chapter 11, Part 6, is

amended by adding the following new § 39-11-622:

(a)

(1) A person who uses force as permitted in §§ 39-11-611-

- 39-11-614, or § 29-34-201, is justified in using such force and is

immune from civil liability for the use of such force, unless:

(A) The person against whom force was used is a

law enforcement officer, as defined in § 39-11-106(21)

who:

(i) Was acting in the performance of his or

her official duties; and

(ii) Identified himself or herself in

accordance with any applicable law; or

(iii) The person using force knew or

reasonably should have known that the person was

a law enforcement officer; or

(B) The force used by the person resulted in

property damage to or the death or injury of an innocent

bystander or other person against whom the force used

was not justified.

(b) The court shall award reasonable attorney's fees, court costs,

compensation for loss of income, and all expenses incurred by a person

in defense of any civil action brought against such person based upon the

person's use of force if the court finds that the defendant was justified in

using such force pursuant to §§ 39-11-611--- 39-11-614, or § 29-34-201.

SECTION 4. This act shall take effect upon becoming a law, the public

welfare requiring it.

PASSED: May 3, 2007

APPROVED this

22nd day of May 2007