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AL HB376

Bill

Status

Introduced

2/28/2013

Primary Sponsor

Wes Long

Click for details

Origin

House of Representatives

Regular Session 2013

AI Summary

HB376 Summary

  • Amends Alabama Code Section 13A-3-23 to extend deadly force protections from dwellings to business premises after hours, allowing owners, employees, or authorized persons to use deadly force in self-defense or defense of others against burglary or robbery.

  • Establishes legal presumption of justified deadly force use when a person reasonably believes another is committing or attempting burglary, theft, or robbery against an owner, employee, or authorized person on closed business property.

  • Maintains existing exceptions where the presumption does not apply, including when the person against whom force is used has a right to be there, is a law enforcement officer performing duties, or when the person using force is engaged in unlawful activity.

  • Provides immunity from criminal prosecution and civil action for persons using justified force, unless the force is determined to be unlawful, and restricts law enforcement from arrest unless probable cause exists that force was unlawful.

  • Becomes effective on the first day of the third month following passage and gubernatorial approval.

Legislative Description

Use of force in defense of a person, authorized by an owner, employee, or other person authorized to be on business premises if another person is attempting or committing robbery or burglary on the premises, Sec, 13A-3-23 am'd.

Business and Commerce

Last Action

Read for the first time and referred to the House of Representatives committee on Judiciary

2/28/2013

Committee Referrals

Judiciary2/28/2013

Full Bill Text

No bill text available