Patricia Stoneking
Member
The governor signed SB 366 today which contained the "castle doctrine" law. Following is copied directly from the bill.
New Section 1. (a) A person who is not engaged in an unlawful ac-
tivity and who is attacked in a place where such person has a right to be
has no duty to retreat and has the right to stand such person’s ground
and meet force with force.
(b) This section shall be part of and supplemental to the Kansas crim-
inal code.
New Sec. 2. (a) A person who uses force which, subject to the pro-
visions of K.S.A. 21-3214, and amendments thereto, is justified pursuant
to K.S.A. 21-3211, 21-3212 or 21-3213, and amendments thereto, is im-
mune from criminal prosecution and civil action for the use of such force,
unless the person against whom force was used is a law enforcement
officer who was acting in the performance of such officer’s official duties
and the officer identified the officer’s self in accordance with any appli-
cable law or the person using force knew or reasonably should have known
that the person was a law enforcement officer. As used in this subsection,
‘‘criminal prosecution’’ includes arrest, detention in custody and charging
or prosecution of the defendant.
(b) A law enforcement agency may use standard procedures for in-
vestigating the use of force as described in subsection (a), but the agency
shall not arrest the person for using force unless it determines that there
is probable cause for the arrest.
New Section 1. (a) A person who is not engaged in an unlawful ac-
tivity and who is attacked in a place where such person has a right to be
has no duty to retreat and has the right to stand such person’s ground
and meet force with force.
(b) This section shall be part of and supplemental to the Kansas crim-
inal code.
New Sec. 2. (a) A person who uses force which, subject to the pro-
visions of K.S.A. 21-3214, and amendments thereto, is justified pursuant
to K.S.A. 21-3211, 21-3212 or 21-3213, and amendments thereto, is im-
mune from criminal prosecution and civil action for the use of such force,
unless the person against whom force was used is a law enforcement
officer who was acting in the performance of such officer’s official duties
and the officer identified the officer’s self in accordance with any appli-
cable law or the person using force knew or reasonably should have known
that the person was a law enforcement officer. As used in this subsection,
‘‘criminal prosecution’’ includes arrest, detention in custody and charging
or prosecution of the defendant.
(b) A law enforcement agency may use standard procedures for in-
vestigating the use of force as described in subsection (a), but the agency
shall not arrest the person for using force unless it determines that there
is probable cause for the arrest.
