Representative Buehrer has introduced House Bill 541, long overdue Florida style legislation that defines deadly force, defines that someone attempting to break into your home, vehicle, or residence is presumed to be intent on harming you, defines force, deadly force, and defensive force.  HB541 even goes so far as to state: a person authorized to use deadly force or defensive force intended or likely to cause death or serious physical harm generally does not have a duty to retreat. There is a pdf copy of HB541 and of course the HTML version.

HB541 is a very well written approach to force verse force legislation.  The legislation synopsis states that the legislastion aims to create statutory criteria for when a person may use force, or deadly force to defend themselves or another person, or to even prevent or terminate a trespass on property, or illegal interference with property.

The bill, as introduced, goes even further to establish that the long standing duty to retreat, provided that the individual defending themselves was not committing a crime and had a right to be where they were, shall no longer be a requirement for justified use of deadly force.

HB541 implies abduction, kidnapping, or the attempting to do such a thing justifies defense of a third party.

Some of HB541's proposed highlights include:

•  "...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 committ and unlawful act involving force or violence""...a person does not have a duty to retreat if the person is in a place where the person has a right to be..."
  
  
• A person who uses force that is justified "...is immune from criminal prosecution or liability and from liability for injury, death, or loss to person or property in any civil action that is based on or related to the use of the force, deadly force, or defensive force..."
  
  
• A law enforcement agency may not arrest a person for using force unless probable cause to believe that the force, deadly force, or defensive force that was used was unlawful.
  
  
• If a person is sued in a civil action that is related to the use of force and a court finds that the immunity provided in HB541 applies to the person, the court shall reward the person reasonable attorney's fees, court costs, compensation for loss of income, and all expenses incurred by the person in defense of a civil action.
  
  
• Finally, HB541's Section 3 states the intent of the legislature:
  
  
• "The General Assembly declares that its intent in enacting [this act] is, in part, to supercede the doctrine of Ohio law developed and affirmed by the state's courts in numerous decisions, includeing [numerous court decisions], that generally holds that a person who is outside of the person's place of residence or business and who is attacked has a duty to retreat before using deadly force in self-defense or in defense of another"
  
  
• Ohioans For Concealed Carry strongly endorses Representative Buehrer's HB541 and urges the General Assembly to expedite hearings so that ample discussion can take place to enact HB541 before the end of the 126th General Assembly.