The Cyrus-Harlins-Martin Pursuit & Deadly Force Accountability Act

Human life is of the highest value and should be protected whenever possible.

Deadly force is justified only when necessary to prevent an imminent threat of death or great bodily injury.

The voluntary pursuit of a retreating individual by a private citizen unnecessarily escalates conflicts and increases the likelihood of serious injury or death.

The purpose of this act is to discourage vigilante conduct, to clarify the limits of the self-defense protections codified in Article 6, Chapter 11, Title 16, and to promote public safety throughout the State.

This act preserves intact the right of a person who has not engaged in pursuit to defend himself, herself, or others, to stand his or her ground under Section 16-11-440, and to claim immunity under Section 16-11-450, consistent with the right to bear arms guaranteed by Section 20, Article I of the South Carolina Constitution. This act addresses only the voluntary pursuit of a person who is attempting to disengage.

"Pursuit" means knowingly chasing, tracking, or following another person, or attempting to detain or apprehend another person, after that person has begun retreating or otherwise disengaging from an encounter, undertaken with the intent to confront, detain, apprehend, or continue a confrontation with that person. "Pursuit" does not include observing or maintaining awareness of a person's location while summoning or awaiting law enforcement, provided the citizen does not approach, confront, or attempt to detain the retreating individual.

"Retreating individual" means a person who, by words or conduct, is attempting to leave or withdraw from an encounter, including by moving away, increasing distance, or ceasing the use or threat of force, and who is not at that time using or threatening unlawful force likely to cause death or great bodily injury.

"Deadly force" means force that a person uses with the purpose of causing, or that the person knows or reasonably should know creates a substantial risk of causing, death or great bodily injury.

"Great bodily injury" has the meaning provided in this article.

"Private citizen" means an individual who is not a law enforcement officer acting within the scope of official duties and who is not acting under the lawful direction of such an officer.

"Imminent threat" means an immediate and present danger of death or great bodily injury.

For purposes of any claim of self-defense or defense of another arising under the common law or this article, a private citizen who knowingly initiates or continues a pursuit of a retreating individual is not, while engaged in that pursuit, a person who is without fault in bringing on the difficulty.

Proof that the defendant initiated or continued a pursuit is admissible as evidence that the defendant voluntarily continued the confrontation and was at fault in bringing on the difficulty. The State retains the burden of proving beyond a reasonable doubt that the defendant did not act in lawful self-defense. Nothing in this section creates a presumption that relieves the State of that burden, shifts the burden of persuasion to the defendant, or directs the finder of fact to reach any particular conclusion.

A private citizen who is at fault in bringing on the difficulty by pursuit may not assert self-defense or defense of another, is not entitled to the no-duty-to-retreat protection of Section 16-11-440, and may not claim immunity under Section 16-11-450, solely because the retreating individual ceases retreating, verbally confronts the pursuer, defends himself or herself, or stands his or her ground.

The decision of a retreating individual to stop retreating, to stand his or her ground, or to defend himself or herself against a pursuer does not, by itself, restore to the pursuer a claim of self-defense, the protection of Section 16-11-440, or immunity under Section 16-11-450.

A pursuer may regain the right to assert self-defense or defense of another only if both of the following occur:

1. the pursuer completely withdraws from the encounter by ceasing the pursuit and clearly communicating, by words or conduct, an intent to terminate the confrontation in a manner that a reasonable person would understand as a genuine withdrawal; and
2. the other individual thereafter initiates a separate and independent use of unlawful force that creates an imminent threat of death or great bodily injury.

Any justification recognized under subsection (B) extends only to the force reasonably necessary to respond to the separate and independent threat described in subsection (B)(2).

A private citizen commits the offense of unlawful pursuit resulting in death when:

1. the person knowingly initiates or continues a pursuit of a retreating individual;
2. during and as a result of that pursuit, the person uses deadly force against the retreating individual;
3. the deadly force causes the death of that individual; and
4. the use of deadly force is not justified under Section 16-11-464 and is not excepted under Section 16-11-468.

A person who acts in concert with one or more other persons in a pursuit described in subsection (A) is criminally liable under this section for a death caused by the deadly force of any participant in the pursuit, to the same extent provided by the law of accomplice liability.

A person convicted under this section is guilty of a felony and, upon conviction, must be imprisoned for not less than fifteen years and may be imprisoned for life.

See drafting note on the mandatory minimum.

This offense does not preclude prosecution for murder, voluntary manslaughter, or any other offense, and may be charged in the alternative to any such offense. A person may not be sentenced for both this offense and another homicide offense arising from the same death; in that event the offenses merge for sentencing and the court imposes sentence under the offense carrying the greater penalty.

Sections 16-11-460 through 16-11-466 do not apply to:

1. a law enforcement officer acting within the lawful scope of official duties;
2. licensed security personnel acting within the lawful scope of employment as authorized by law; and
3. a private citizen making a lawful arrest to the extent authorized by [S.C. Code Ann. Section 17-13-10], provided that the citizen does not use deadly force except as independently justified under Section 16-11-464.

Whether a pursued individual presented an immediate and ongoing threat at the time deadly force was used is governed exclusively by Section 16-11-464. A threat that arises from or during the pursuit, or that the pursuit provoked, is not a separate and independent threat and does not justify the use of deadly force.

Nothing in these sections diminishes the right of a person who has not engaged in pursuit to use force in lawful self-defense or in defense of another, to stand his or her ground under Section 16-11-440, or to claim immunity under Section 16-11-450.

These sections govern claims of self-defense and defense of another. They do not affect the presumptions or protections relating to defense of a dwelling, residence, or occupied vehicle under Section 16-11-440.