,i  #aafth ,,congress  #b;d ,session    
,h4 ,r4 #ggaf  ,,in ,,the ,,house ,,of  
,,representatives  ,july #ba1 #bjbj,mr4 
,smith of ,missouri 7for himself1 ,mr4  
,graves of ,missouri1 ,mr4 ,long1 and   
,mr4 ,luetkemeyer7 introduced the       
following bill2 which was referred to   
the ,committee on the ,judiciary  ,a    
,,bill  ,to establish defenses against  
crimes of violence1 and for other       
purposes4  #a4 ,short title ,this ,act  
may be cited as the ,american ,family   
and ,private ,property ,defense ,act4   
#b4 ,defenses against crimes of violence
  7a7 ,in general ,chapter #a of title  
#ah1 ,united ,states ,code1 is amended  
by adding at the end the following3     
#bh4 ,defense of self or others  7a7    
,defense  7#a7 ,justifiable use of force
 ,it is an affirmative defense against  
any charge for a crime of violence that 
the defendant only used physical force  
upon another person to the extent that  
the defendant reasonably believed such  
force to be necessary to defend the     

defendant or a third person from what   
the defendant reasonably believes to be 
the use or imminent use of unlawful     
force by such other person4  7#b7       
,justifiable use of deadly force ,it is 
an affirmative defense against any      
charge for a crime of violence that the 
defendant only used deadly force upon   
another person-- 7,a7 to the extent that
 the defendant reasonably believed such 
force to be necessary to defend the     
defendant or a third person from what   
the defendant reasonably believes to be 
the use or imminent use of unlawful     
force by such other person2  7,b7 if    
such person unlawfully enters1 remains  
after unlawfully entering1 or attempts  
to unlawfully enter a dwelling1         
residence1 or vehicle lawfully occupied 
by such person2 or  7,c7 if such person 
unlawfully enters1 remains after        
unlawfully entering1 or attempts to     
unlawfully enter private property that  
is owned or leased by an individual1 or 
is occupied by an individual who has    

been given specific authority by the    
property owner to occupy the property1  
claiming a justification of using       
protective force under this section4    
7#c7 ,no duty to retreat ,the defendant 
has no duty to retreat-- 7,a7 from a    
dwelling1 residence1 or vehicle where   
the person is not unlawfully entering or
 unlawfully remaining2  7,b7 from       
private property that is owned or leased
 by such individual2 or  7,c7 if the    
defendant is in any other location such 
defendant has the right to be4  7b7     
,application  7#a7 ,in general ,a       
defense under subsection 7a7 shall not  
apply if the defendant is the initial   
aggressor1 unless-- 7,a7 the defendant  
has withdrawn from the encounter and    
effectively communicated such withdrawal
 to such other person but the latter    
persists in continuing the incident by  
the use or threatened use of unlawful   
force2  7,b7 the defendant is a law     
enforcement officer2 or  7,c7 the       
aggressor's actions are justified under 

any other provision of law4  7#b7 ,third
 party ,a defense under subsection 7a7  
shall not apply if1 under the           
circumstances as the defendant          
reasonably believes them to be1 the     
person whom the defendant is seeking to 
protect would not be justified in using 
such protective force4  7#c7 ,felony    
,the defendant was attempting to commit1
 committing1 or escaping after the      
commission of a forcible felony4  7c7   
,physical restraint ,the defenses under 
this section shall extend to the use of 
physical restraint as protective force  
provided that the defendant takes all   
reasonable measures to terminate the    
restraint as soon as it is reasonable to
 do so4  7d7 ,burden ,the defendant     
shall have the burden of raising any    
defense under this section4 ,if a       
defendant asserts that defendant's use  
of force is described under subsection  
7a77#b71 the burden shall then be on the
 ,government to prove beyond a          
reasonable doubt that the defendant did 

not reasonably believe that the use of  
such force was necessary to defend      
against what the defendant reasonably   
believed was the use or imminent use of 
unlawful force4  #bi4 ,defense of       
property  7a7 ,defense ,it is an        
affirmative defense against any charge  
for a crime of violence that the        
defendant only used physical force upon 
another person to the extent that the   
defendant reasonably believed such force
 to be necessary to prevent what the    
defendant reasonably believes to be the 
commission or attempted commission by   
such person of stealing1 property damage
 or tampering in any degree4  7b7       
,application ,a defense under subsection
 7a7 shall not apply if the defendant   
uses deadly force unless authorized     
under subsection 7a74  7c7 ,physical    
restraint ,the defenses under this      
section shall extend to the use of      
physical restraint as protective force  
provided that the defendant takes all   
reasonable measures to terminate the    

restraint as soon as it is reasonable to
 do so4  7d7 ,burden ,the defendant     
shall have the burden of raising any    
defense under this section4  #cj4       
,battered spouse defense  7a7 ,defense  
,evidence that the actor was suffering  
from the battered spouse syndrome shall 
be admissible upon the issue of whether 
the actor lawfully acted in self-defense
 or defense of another4  7b7 ,procedure 
,if the defendant proposes to offer     
evidence of the battered spouse         
syndrome1 the defendant shall file      
written notice thereof with the court in
 advance of trial4 ,thereafter1 the     
court1 upon motion of the ,government1  
shall appoint one or more private       
psychiatrists or psychologists or       
physicians with a minimum of one year of
 training or experience in providing    
treatment or services to intellectually 
disabled or mentally ill individuals1   
who are neither employees nor           
contractors of the department of mental 
health for the purposes of performing   

the examination in question1 to examine 
the accused1 or shall direct the        
director of the department of mental    
health1 or his designee1 to have the    
accused so examined by one or more      
psychiatrists or psychologists or       
physicians with a minimum of one year of
 training or experience in providing    
treatment or services to intellectually 
disabled or mentally ill individuals    
designated by the director1 or his      
designee1 for the purpose of examining  
the defendant4 ,no private psychiatrist1
 psychologist1 or physician shall be    
appointed by the court unless he has    
consented to act4 ,the examinations     
ordered shall be made at such time and  
place and under such conditions as the  
court deems proper1 except that if the  
order directs the director of the       
department of mental health to have the 
accused examined1 the director1 or his  
designee1 shall determine the reasonable
 time1 place and conditions under which 
the examination shall be conducted4 ,the

 order may include provisions for the   
interview of witnesses4  7c7 ,excluding 
certain evidence ,no statement made by  
the accused in the course of any such   
examination and no information received 
by any physician or other person in the 
course thereof1 whether such examination
 was made with or without the consent of
 the accused or upon his motion or upon 
that of others1 shall be admitted in    
evidence against the accused on the     
issue of whether he committed the act   
charged against him in any criminal     
proceeding then or thereafter pending in
 any ,federal court4  4  7b7 ,clerical  
amendment ,the table of sections for    
chapter #a of title #ah1 ,united ,states
 ,code1 is amended by adding at the end 
the following3  #bh4 ,defense of self or
 others4 #bi4 ,defense of property4 #cj4
 ,battered spouse defense4  4