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Senate advances HB114 after heated debate over expansion of self-defense rules
Summary
Senate passes House Bill 114 to third-reading after members sharply debated whether the measure improperly expands rights to use force; proponents say it closes a prosecutorial 'loophole' while opponents warned of broader civil-liability and public-safety risks.
The Utah Senate advanced House Bill 114 to the third-reading calendar after an extended floor exchange over whether the bill narrows or expands self-defense rules.
Sponsor Senator Hinkins said the bill clarifies that an individual is not required to retreat from an aggressor and that failure to retreat should not be determinative in assessing whether the person acted reasonably. He described the measure as technical improvements and said it does not remove common-sense limits on use of force.
Senator Hilliard opposed the bill on the floor, arguing it risks encouraging violent escalations and expressed concern the change could be used to justify greater use of deadly force in situations previously constrained by a duty to retreat. Senator Hilliard also raised questions about whether the change affects both criminal charges and subsequent civil liability. Supporters countered that the measure closes what they called an exploited prosecutorial technicality and that judges and juries would still weigh facts in each case.
After debate and several colleagues’ questions, the Senate recorded a second-reading vote of 15 yeas, 9 nays and 5 absent; HB114 passed second and was placed on the third-reading calendar.
