GENERAL ASSEMBLY OF NORTH CAROLINA

EXTRA SESSION 1994

H	1 

HOUSE BILL 89

Short Title:  Shoot to Kill.	(Public)
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Sponsors: Representatives Mavretic; Arnold, Berry, Bowman, Brawley, J. Brown, Culp, Decker, Edwards, Flaherty, Gardner, Justus, McCombs, Morgan, Nichols, C. Preston, J. Preston, Robinson, Sexton, Thompson, Weatherly, and Wood.
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Referred to:  Judiciary III.
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February 14, 1994

A BILL TO BE ENTITLED
AN ACT TO REQUIRE A LAW ENFORCEMENT OFFICER TO USE DEADLY PHYSICAL FORCE AGAINST CERTAIN ARMED FELONY SUSPECTS WHEN THE SUSPECT HAS A FIREARM IN HAND AND FAILS TO DISARM UPON COMMAND.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 15A-401(d) reads as rewritten:
	"(d)	Use of Force in Arrest. –
(1)	Subject to the provisions of subdivision (2) of this subsection, a law-enforcement officer is justified in using force upon another person when and to the extent that he reasonably believes it necessary:
a.	To prevent the escape from custody or to effect an arrest of a person who he reasonably believes has committed a criminal offense, unless he knows that the arrest is unauthorized; or
b.	To defend himself or a third person from what he reasonably believes to be the use or imminent use of physical force while effecting or attempting to effect an arrest or while preventing or attempting to prevent an escape.
(2)	A law-enforcement officer is justified in using deadly physical force upon another person for a purpose specified in subdivision (1) of this subsection when it is or appears to be reasonably necessary thereby:
a.	To defend himself or a third person from what he reasonably believes to be the use or imminent use of deadly physical force;
b.	To effect an arrest or to prevent the escape from custody of a person who he reasonably believes is attempting to escape by means of a deadly weapon, or who by his conduct or any other means indicates that he presents an imminent threat of death or serious physical injury to others unless apprehended without delay; or
c.	To prevent the escape of a person from custody imposed upon him as a result of conviction for a felony.
(3)	Notwithstanding the provisions of subdivisions (1) and (2) of this subsection, a law enforcement officer shall use deadly physical force by discharging his or her firearm with aim to kill when:
a.	The officer and at least one other law enforcement officer are in the presence of an armed suspect who has a gun or pistol in hand and who appears to be committing a Class A or B felony; and
b.	The suspect fails to disarm upon the officer's command.
The use of deadly physical force in compliance with subdivision (3) of this subsection is deemed not to be willful, malicious, or criminally negligent conduct or unreasonable or excessive force.  Nothing in subdivision (1) or (2) of this subsection constitutes justification for willful, malicious or criminally negligent conduct by any person which injures or endangers any person or property, nor shall it be construed to excuse or justify the use of unreasonable or excessive force."
Sec. 2.  This act becomes effective January 1, 1995.