Crimes: homicide.
What changed between versions
Eliminated subsection (a)(4), which had made homicide justifiable when necessarily committed in lawfully suppressing a riot or keeping and preserving the peace. This removes a broad justification that could have applied to police and private citizens alike.
Expanded subsection (b)(1) retreat requirement from applying when 'outside of their residence' to 'outside of their residence or property,' broadening the situations in which a person must retreat before using deadly force.
Added new subsection (c) stating that nothing in Section 197 alters the presumption set forth in Section 198.5 in favor of one who uses deadly force against an intruder within their residence. This explicitly preserves the Castle Doctrine from being undermined by the bill's other changes.
Rewrote exception (A) in subsection (b)(3): instead of requiring the person to have 'reasonably believed they were in imminent danger and exhausted every reasonable means to escape,' it now requires that 'the initial aggressor actually and in good faith tried to stop fighting and indicated to the opponent, by word or by conduct and in a way that a reasonable person would understand, that the initial aggressor wanted to stop fighting and had stopped fighting.'
Rewrote exception (B) in subsection (b)(3): instead of requiring the person to have 'withdrew from the encounter and indicated clearly they desired to withdraw,' it now states 'in cases of mutual combat, the initial aggressor gave the opponent an opportunity to stop fighting.' This is a shorter, less demanding standard.
Refined subsection (b)(2) force-necessity standard from 'more force than was reasonably necessary to defend against a danger' to 'more force than was reasonably necessary to defend against an imminent danger of being killed or suffering great bodily injury than a reasonable person would believe is necessary in the same situation,' adding specificity about the type of danger and anchoring it to a reasonable person standard.
Changed the standard in subsection (b)(3) from 'the person was the assailant, engaged in mutual combat, or knowingly engaged in conduct reasonably likely to provoke' to 'the person was the initial aggressor.' This narrows the category of people who lose the justifiable homicide defense.
Removed the retreat/withdrawal requirement from subsection (a)(3) (lawful defense of self or others). The original required that if the person was the assailant or engaged in mutual combat, they 'must really and in good faith have endeavored to decline any further struggle before the homicide was committed.' This is now handled exclusively through subsection (b)(3) instead.