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As Introduced
136th
General Assembly
Regular
Session
H. B. No. 408
2025-2026
Representative Humphrey
To
amend sections 2307.601, 2901.05, and 2901.09 of the Revised Code
to
limit the locations at which a person has no duty to retreat.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 2307.601, 2901.05, and 2901.09 of the Revised Code be
amended to read as follows:
Sec.
2307.601.
(A)
As used in this section:
(1)
"Residence"
has
and
"vehicle" have
the
same
meaning
meanings
as
in section 2901.05 of the Revised Code.
(2)
"Tort action" has the same meaning as in section 2307.60 of
the Revised Code.
(B)
For purposes of determining the potential liability of a person in a
tort action related to the person's use of force alleged to be in
self-defense, defense of another, or defense of the person's
residence,
if
the person lawfully is in that person's residence,
the
person has no duty to retreat before using force in self-defense,
defense of another, or defense of that person's residence
,
and,
if
the
person lawfully is an occupant of
that
person
person's
vehicle or lawfully
is
an
occupant
in
a
place
in which
vehicle
owned by an immediate family member of
the
person
lawfully
,
the person
has
a
right
no
duty
to
be
retreat before using force in self-defense or defense of another
.
(C)
A trier of fact shall not consider the possibility of retreat as a
factor in determining whether or not a person who used force in
self-defense, defense of another, or defense of that person's
residence reasonably believed that the force was necessary to prevent
injury, loss, or risk to life or safety.
Sec.
2901.05.
(A)
Every person accused of an offense is presumed innocent until proven
guilty beyond a reasonable doubt, and the burden of proof for all
elements of the offense is upon the prosecution. The burden of going
forward with the evidence of an affirmative defense, and the burden
of proof, by a preponderance of the evidence, for an affirmative
defense other than self-defense, defense of another, or defense of
the accused's residence
presented
as
described in division (B)(1) of this section, is upon the accused.
(B)(1)
A person is allowed to act in self-defense, defense of another, or
defense of that person's residence. If, at the trial of a person who
is accused of an offense that involved the person's use of force
against another, there is evidence presented that tends to support
that the accused person used the force in self-defense, defense of
another, or defense of that person's residence, the prosecution must
prove beyond a reasonable doubt that the accused person did not use
the force in self-defense, defense of another, or defense of that
person's residence, as the case may be.
(2)
Subject to division (B)(3) of this section, a person is presumed to
have acted in self-defense or defense of another when using defensive
force that is intended or likely to cause death or great bodily harm
to another if the person against whom the defensive force is used is
in the process of unlawfully and without privilege to do so entering,
or has unlawfully and without privilege to do so entered, the
residence or vehicle occupied by the person using the defensive
force.
(3)
The presumption set forth in division (B)(2) of this section does not
apply if either of the following is true:
(a)
The person against whom the defensive force is used has a right to be
in, or is a lawful resident of, the residence or vehicle.
(b)
The person who uses the defensive force uses it while in a residence
or vehicle and the person is unlawfully, and without privilege to be,
in that residence or vehicle.
(4)
The presumption set forth in division (B)(2) of this section is a
rebuttable presumption and may be rebutted by a preponderance of the
evidence, provided that the prosecution's burden of proof remains
proof beyond a reasonable doubt as described in divisions (A) and
(B)(1) of this section.
(C)
As part of its charge to the jury in a criminal case, the court shall
read the definitions of "reasonable doubt" and "proof
beyond a reasonable doubt," contained in division (E) of this
section.
(D)
As used in this section:
(1)
An "affirmative defense" is either of the following:
(a)
A defense expressly designated as affirmative;
(b)
A defense involving an excuse or justification peculiarly within the
knowledge of the accused, on which the accused can fairly be required
to adduce supporting evidence.
(2)
"Dwelling" means a building or conveyance of any kind that
has a roof over it and that is designed to be occupied by people
lodging in the building or conveyance at night, regardless of whether
the building or conveyance is temporary or permanent or is mobile or
immobile. As used in this division, a building or conveyance
includes, but is not limited to, an attached porch, and a building or
conveyance with a roof over it includes, but is not limited to, a
tent.
(3)
"Residence" means a dwelling in which a person resides
either temporarily or permanently or is visiting as a guest.
(4)
"Vehicle" means a conveyance of any kind, whether or not
motorized, that is designed to transport people or property.
(E)
"Reasonable doubt" is present when the jurors, after they
have carefully considered and compared all the evidence, cannot say
they are firmly convinced of the truth of the charge. It is a doubt
based on reason and common sense. Reasonable doubt is not mere
possible doubt, because everything relating to human affairs or
depending on moral evidence is open to some possible or imaginary
doubt. "Proof beyond a reasonable doubt" is proof of such
character that an ordinary person would be willing to rely and act
upon it in the most important of the person's own affairs.
Sec.
2901.09.
(A)
As used in this section, "residence"
has
and
"vehicle" have
the
same
meaning
meanings
as
in section 2901.05 of the Revised Code.
(B)
For purposes of any section of the Revised Code that sets forth a
criminal offense, a person
who
lawfully is in that person's residence
has
no duty to retreat before using force in self-defense, defense of
another, or defense of that person's residence
if
,
and a person who lawfully is an occupant of
that
person
person's
vehicle or who lawfully
is
an
occupant
in
a
place
in which
vehicle
owned by an immediate family member of
the
person
lawfully
has
a
right
no
duty
to
be
retreat
before using force in self-defense or defense of another
.
(C)
A trier of fact shall not consider the possibility of retreat as a
factor in determining whether or not a person who used force in
self-defense, defense of another, or defense of that person's
residence reasonably believed that the force was necessary to prevent
injury, loss, or risk to life or safety.
Section
2.
That
existing sections 2307.601, 2901.05, and 2901.09 of the Revised Code
are hereby repealed.