HB-5153, As Passed Senate, June 7, 2006

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5153

(As amended, June 7, 2006)

     A bill to exempt an individual who uses deadly force or force

other than deadly force from criminal prosecution under certain

circumstances; to establish certain procedures; and to prescribe

the duties of certain public officials.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1. (1) An individual who uses deadly force or force other

than deadly force in compliance with section 2 of the <<

>> self-defense act and who has not or is not engaged in the

commission of a crime at the time he or she uses that deadly force

or force other than deadly force commits no crime in using that

deadly force or force other than deadly force.

     (2) If a prosecutor believes that an individual used deadly

House Bill No. 5153 as amended June 7, 2006

force or force other than deadly force that is unjustified under

section 2 of the << >> self-defense act, the prosecutor

may charge the individual with a crime arising from that use of

deadly force or force other than deadly force and shall present

evidence to the judge or magistrate at the time of warrant

issuance, at the time of any preliminary examination, and at the

time of any trial establishing that the individual's actions were

not justified under section 2 of the << >> self-defense

act.

     Enacting section 1. This act takes effect October 1, 2006.

     Enacting section 2. This act does not take effect unless all

of the following bills of the 93rd Legislature are enacted into

law:

     (a) Senate Bill No. 1046.

     (b) Senate Bill No. 1185.

     (c) House Bill No. 5142.

     (d) House Bill No. 5143.

     (e) House Bill No. 5548.