Existing law defines homicide as the unlawful killing of a human being, or a fetus, with or without malice aforethought, as specified. Existing law establishes certain circumstances in which homicide is justifiable, as specified.

Existing law makes homicide justifiable when attempting to lawfully suppress a riot or to keep the peace, as specified.

This bill would eliminate that provision. The bill would also specify certain circumstances in which homicide is not justifiable, including when a person was outside their habitation or property and did not retreat when they could have safely done so, when a person used more force than a reasonable person would to defend against a danger, and when the person was the initial aggressor. However, the bill would specify that homicide is justifiable if the initial aggressor actually and in good faith tried to stop fighting and indicated they wanted to and tried to stop fighting, as specified, or, in cases of mutual combat, the initial aggressor gave the opponent an opportunity to stop fighting.

By expanding the scope of the crime of homicide, this bill would create a state-mandated local program.