MADISON — The state Senate on Thursday passed legislation to legally protect homeowners who use deadly force against intruders, but not before including emergency medical technicians and firefighters in the “peace officer” exemptions.
Under the bill, a court in a criminal proceeding against a person who used force that was deadly or likely to cause great bodily harm presumes that person believed that level of force was necessary, if the intruder's entry was unlawful.
That presumption doesn't apply if the person who used the force was involved in criminal activity or when peace officers identify themselves as officers and enter a building or vehicle as part of their job.
The Senate amendment, proposed by state Sen. Jon Erpenbach, D-Middleton, clarifies that EMTs and firefighters are considered peace officers.
Because the Senate amended the bill after the Assembly passed it, the Assembly must approve the amended version before Gov. Scott Walker could consider the bill.
The Assembly emerged from a full afternoon of closed-door party caucuses just before 5:30 p.m. and began debate on a series of bills aimed at decreasing unemployment.
"Finally at long last we have a couple of jobs bills," Assembly Minority Leader Peter Barca, D-Kenosha, said. "There have been far too few bills that have any promise of putting people back to to work now."
Thursday was the last scheduled legislative day for the year, although lawmakers may return to address legislation on mining-permit changes and a venture capital plan being pushed by the Walker administration.
The deadly force bill had significant support from Democrats,who agreed with the majority party that people should be allowed to defend their homes.
Often called the “castle doctrine” for the notion that “a man’s home is his castle,” the bill passed on a 26-7 vote.
“This is about protecting life, not property,” state Sen. Van Wanggaard, R-Racine, said.
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