See Center for Media and Democracy's quick summary on last page.

Exposed

D I D Y O U K N O W ? Corporations VOTED to adopt this. Through ALEC, global companies

ALEC EXPOSED
Search

ABOUT

GO

MEMBERS

LOGIN | LOGOUT | HOME | JOIN ALEC | CONTACT

EVENTS & MEETINGS

“ALEC”
has long been a
NEWS
secretive collaboration
between
BigLegislation
Business and
Model
“conservative” politicians.
Civil Justice
Behind closed doors, they
ghostwrite
“model”
bills to
Commerce,
Insurance,
and Economic
be introduced
in state
Development
capitols
across the country.
This agenda--underwritten
Education
by global corporations-Energy,
includes
majorEnvironment,
tax
and Agriculture
loopholes
for big industries
and the
super rich,
Federal Relations
proposals to offshore U.S.
Health
Human
jobs and
gut and
minimum
wage, Services
and efforts to
weaken
public health,
International Relations
safety, and environmental
Public Although
Safety andmany
protections.
Elections
of these
bills have become
law, until now, their origin
Tax and Fiscal Policy
has been largely unknown.
With ALEC
EXPOSED, the
Telecommunications
Centerand
for Information
Media and
Technology
Democracy
hopes more
Americans will study the
Print this the
Page
bills to understand
depth and Text-Only
breadth Page
of how
big corporations are
Email
this rules
Page
changing the
legal
and undermining democracy
across the nation.

ALEC’s’Corporate Board
--in recent past or present

• AT&T Services, Inc.
• centerpoint360
• UPS
• Bayer Corporation
• GlaxoSmithKline
• Energy Future Holdings
• Johnson & Johnson
• Coca-Cola Company
• PhRMA
• Kraft Foods, Inc.
• Coca-Cola Co.
• Pfizer Inc.
• Reed Elsevier, Inc.
• DIAGEO
• Peabody Energy
• Intuit, Inc.
• Koch Industries, Inc.
• ExxonMobil
• Verizon
• Reynolds American Inc.
• Wal-Mart Stores, Inc.
• Salt River Project
• Altria Client Services, Inc.
• American Bail Coalition
• State Farm Insurance
For more on these corporations,
search at www.SourceWatch.org.

By the Center for
Media and Democracy
www.prwatch.org

Home

work as “equals” in “unison” with politicians to write laws to govern your life. Big
MODEL LEGISLATION
ALEC INITIATIVES
PUBLICATIONS
Business
has “a VOICETASK
and aFORCES
VOTE,” according
to newly exposed
documents. DO YOU?

Model Legislation

Public Safety and Elections

Castle Doctrine Act

Summary

Did you know the
NRA--the National
Rifle Association-was the corporate
co-chair in 2011?

This act authorizes the use of force, including deadly force, against an intruder or
attacker in a dwelling, residence, or vehicle under specified circumstances.
It further creates a presumption that a reasonable fear of death or great bodily
harm exists under these specific circumstances, and declares that a person has no
duty to retreat and has the right to stand his or her ground and meet force with
force if the person is in a place where he or she has a right to be and the force is
necessary to prevent death, great bodily harm, or the commission of a forcible
felony.
Finally, the act provides immunity from civil prosecution or civil action for using
deadly force, defines the term “criminal prosecution,” and authorizes law
enforcement agencies to investigate the use of deadly force while prohibiting the
agencies from arresting a person in these circumstances unless the agency
determines that there is probable cause that the force the person used was
unlawful.
Model Legislation
Legislative Resolution and Intent
WHEREAS, the Legislature of [insert state/commonwealth name] finds that it is
proper for law-abiding people to protect themselves, their families, and others from
intruders and attackers without fear of prosecution or civil action from acting in
defense of the themselves and others; and
WHEREAS, the “Castle Doctrine” is a common-law doctrine of ancient origins that
declares that a person’s home is his or her castle; and
WHEREAS, [insert appropriate reference to the State/Commonwealth Constitution
that provides for the right of citizens to bear arms] guarantees the right of the
people to keep and bear arms; and
WHEREAS, the persons residing in or visiting this [state/commonwealth] have a
right remain unmolested within their homes or vehicles; and
WHEREAS, no person or victim of crime should be required to surrender his or her
personal safety to a criminal, nor should a person or victim be required to
needlessly retreat in the face of intrusion or attack;
*This model is based upon Florida legislation enacted April 26, 2005.
BE IT RESOLVED, the Legislature of [insert state/commonwealth name] hereby
enacts the following:
Section 1. {Home Protection, Use of Deadly Force, Presumption of Fear of Death
or Harm}
1. A person is presumed to have held a reasonable fear of imminent peril of death
or great bodily harm to himself or herself or another when using defensive force
that is intended or likely to cause death or great bodily harm to another if:
a. The person against whom the defensive force was used was in the
process of unlawfully and forcefully entering, or had unlawfully or
forcefully entered, a dwelling, residence, or occupied vehicle, or if that
person had removed or was attempting to remove another against that
person’s will from the dwelling, residence, or occupied vehicle; and
b. The person who uses defensive force knew or had reason to believe
that an unlawful and forcible entry or unlawful and forcible act was
occurring or had occurred.
2. The presumption set forth in Subsection (1) does not apply if:

Exposed

By the Center for
Media and Democracy
www.prwatch.org

a. The person against whom the defensive 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, and there is not an injunction
for protection from domestic violence or a written pretrial supervision
order of no contact against that person; or
b. The person or persons sought to be removed is a child, grandchild, or
is otherwise in the lawful custody or under the lawful guardianship of,
the person against whom the defensive force is used; or
c. The person who uses defensive force is engaged in a criminal
activity or is using the dwelling, residence, or occupied vehicle to
further a criminal activity; or
d. The person against whom defensive force is used is a law
enforcement officer, as defined in [insert appropriate reference to
state/commonwealth code, which defines the term “law enforcement
officer” or similar], 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 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.
3. A person who is not engaged in an unlawful activity and who is attacked in any
other place where he or she has a right to be has no duty to retreat and has the
right to stand his or her ground and meet force with force, including deadly force if
he or she reasonably believes it is necessary to do so to prevent death or great
bodily harm to himself or herself or another, or to prevent the commission of a
forcible felony.
4. A person who unlawfully and by force enters or attempts to enter a person’s
dwelling, residence, or occupied vehicle is presumed to be doing so with the intent
to commit an unlawful act involving force or violence.
5. As used in this section, the term:
a. “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 to be occupied by people lodging therein at night.
b. “Residence” means a dwelling in which a person resides either
temporarily or permanently or is visiting as an invited guest.
c. “Vehicle” means a conveyance of any kind, whether or not
motorized, which is designed to transport people or property.
Section 2. {Immunity from Criminal Prosecution and Civil Action}
1. As used in this subsection, the term “criminal prosecution” includes arresting,
detaining in custody, and charging or prosecuting the defendant.
2. A person who uses force as permitted in Section (1) [and other state codes which
are affected/amended by this legislation and which refer to the use of force
including deadly force] is justified in using such force and is immune from criminal
prosecution and civil action for the use of such force, except when:
a. The person against whom force was used is a law enforcement
officer as defined in [insert appropriate reference to
state/commonwealth code, which defines the term “law enforcement
officer” or similar], who was acting in the performance of his or her
duties and the officer identified himself or herself in accordance with
applicable law; or
b. The person using force knew or reasonably should have known that
the person was a law enforcement officer.
3. A law enforcement agency may use standard procedures for investigating the
use of force as described in subsection (2), but the agency may not arrest the
person for using force unless it determines that there is probable cause that the
force that was used was unlawful.
4. The court shall award reasonable attorney’s fees, court costs, compensation for
loss of income, and all expenses incurred by the defendant in defense of any civil
action brought by a plaintiff if the court finds that the defendant is immune from
prosecution as provided in subsection (2).
Section 3. {Severability}
Section 4. {Effective Date}
Adopted by ALEC's Civil Justice Task Force at the Annual Meeting, August 4, 2005.
Approved by the ALEC Board of Directors September, 2005.

About

Members

Login

Logout

Events & Meetings

About Us and ALEC EXPOSED.
TheLegislation
Center for Media
and Democracy
reports on
corporate spin
Model
Task Forces
ALEC Initiatives
Publications
Homeand government
Join ALEC
News
propaganda.! We are located in Madison, Wisconsin,
and Contact
publish www.PRWatch.org,
www.SourceWatch.org,
and now www.ALECexposed.org. For more information contact: editor@prwatch.org or 608-260-9713.

Center for Media and
Democracy's quick summary
This bill would allow persons to shoot and kill any other person who enters their home without permission. It creates a presumption
of innocence for the person shooting the alleged intruder, barring liability for personal injury lawsuits even if the victim was not
committing a crime (for example, a teenage girlfriend having been invited in by her boyfriend).
The Castle Doctrine is in place in a number of states; a very similar bill to this one was introduced in Wisconsin as 2011 AB 69.