Model Good Samaritan Law
Author: Harold W. Bolinger, (Under Contract with Gun Owners Foundation)
Applicability: (State) To enable for citizens to defend
themselves.
Model Good Samaritan Law
SECTION ONE:
That every member of society hath a right to be protected in the enjoyment of life, liberty and property, and to bear arms for the defense of themselves and the State; and every member of society is therefore duty bound to yield his personal service, when necessary for the establishment of security in this state.
SECTION TWO:
Each sheriff in this state shall be entitled to the common law--law enforcement powers of sheriff, and may enlist and recruit assistance according to the doctrine of posse comitatus. The sheriff shall establish necessary rules governing the conduct of individuals volunteering or commanded to serve, and may direct and require the means necessary and equipment authorized for the exercise of the duties assigned to volunteer or auxiliary deputies.
SECTION THREE:
Any person witnessing a violent assault upon the person of another may lawfully aid the person being assaulted by assisting in that person's defense. The force exerted upon the attacker or attackers by the person witnessing the assault may be that degree of force which the assaulted person is allowed to assert in defending himself.
Any person, or any person called to aid or assist any law enforcement officer, or any person voluntarily assisting any police or sheriff's department under a sanctioned "neighborhood watch" program, or any volunteer or special deputy assisting a sheriff's department in any official capacity, upon witnessing any act defined as a crime under the laws of this state, or upon being advised by a duly authorized police officer employed by this state or any political subdivision thereof that a crime has been committed, shall render any such aid requested by the officer, or render any such aid deemed appropriate to:
A. Impede or prevent the commission of the crime;
B. Protect the person(s) or property threatened by the crime;
C. Apprehend and detain the perpetrator of the crime.
SECTION FOUR:
A. In preventing or impeding a criminal act, protecting persons or property, or apprehending and detaining persons involved in criminal conduct, the degree of force used by the witness or law enforcement volunteer may be that degree of force necessary to achieve the desired result with minimal risk to bystanders and human life.
B. Deadly force may be used by witnesses or police assistants:
1. to prevent or end the commission of a crime of violence against another person or other felony crime;
2. when there is reason to believe a dangerous or deadly weapon is possessed by the perpetrator in the commission of a crime;
3. in the apprehension of a suspected felon;
4. during night-time criminal pursuit
C. Nothing in this section shall prevent the use of a handgun by a certified police volunteer or person called to aid a police officer or sheriff to detain a person suspected of committing a felony. In determining the justification for the use of deadly force in a court of law, under any circumstance where deadly force was used, the judge or jury may receive any evidence substantiating such use based on whatever factors an individual believes lead to a compelling reason for the use of deadly force.
SECTION FIVE:
A. Any person acting under the authority of a sanctioned neighborhood watch or special deputy program, or responding to a lawful request for assistance by a peace officer of this state or political subdivision thereof, shall be immune from prosecution and civil liability when acting within the scope of this ordinance, and otherwise exercising the rights and privileges of any citizen of this state to assist in the protection of life and property.
B. Neither a sheriff, chief of police, police officer, this state, or any
political subdivision thereof shall be liable or held for punitive damages for acts of volunteers or special deputies unless he has directed, participated in, acquiesced or ratified those acts.
