Plain English Breakdown
The official status shows the bill passed both chambers, but no effective date is listed yet; it may still require executive action or further steps before becoming law.
Preemptive Self Defense Act of 2026
This law clarifies that people may use proportional force to resist a public offense if they reasonably perceive an imminent threat, and it protects them from civil lawsuits for doing so.
What This Bill Does
- Clarifies that a person who reasonably perceives an imminent threat of bodily harm may make lawful resistance against the commission of a public offense.
- Requires defensive actions to be proportional to the perceived threat and to stop once the threat is no longer present.
- Prohibits courts from considering a person's background, training, or professional fighting skills when deciding if their defense was reasonable.
- Removes civil liability for people who lawfully resist a public offense as described in this bill.
Who It Names or Affects
- People who use force to defend themselves against an imminent threat of bodily harm involving a public offense.
- Courts and judges deciding cases where self-defense is claimed.
Terms To Know
- Imminent threat
- A danger that the person reasonably believes is happening right now or about to happen immediately.
- Proportional resistance
- Using only the amount of force needed to match the level of the perceived threat and stopping when the threat ends.
- Civil liability
- Legal responsibility that can lead to being sued for money damages in court, which this bill removes for lawful resistance.
Limits and Unknowns
- The law applies only when resisting a public offense; it does not explicitly cover all situations of defending others unless they involve a public offense.
- The definition of what counts as a 'reasonable' perception is left to the courts based on existing case law.