MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Judiciary

By: Senator(s) Hawks

AN ACT TO RELIEVE FROM CIVIL LIABILITY ANY PERSON WHO CAUSES BODILY HARM TO ANOTHER IN THE REASONABLE BELIEF THAT HIS ACTIONS WERE NECESSARY TO PREVENT BODILY HARM TO HIS PERSON, FAMILY MEMBERS, GUESTS, CO-WORKERS OR CUSTOMERS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) Any person using force intended or likely to cause death or serious bodily injury within the person's own residence or place of business is presumed to have held a reasonable fear of imminent peril of death or serious bodily injury to self, family, a member of the household or a guest or customer when that force is used against another person, not a member of the family or household, who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence or place of business, and the person using the force knew or had reason to believe that an unlawful and forcible entry occurred.

(2) Any person using physical force, including deadly physical force, in accordance with the provisions of this section shall be immune from any civil liability for injuries or death resulting from the use of such force.

SECTION 2. The codifier is directed to codify this act within Title 15, Chapter 1, Mississippi Code of 1972.

SECTION 3. This act shall take effect and be in force from and after July 1, 1999.