HB441 Summary

• Requires courts to conduct a pretrial hearing before trial in cases where a self-defense claim is raised under Alabama Code Section 13A-3-23.

• Defendant must prove by preponderance of the evidence at the pretrial hearing that the use of force, including deadly force, was justified under the law.

• If the defendant proves justification at the pretrial hearing, the court shall dismiss all criminal charges and find the defendant immune from prosecution.

• If the defendant fails to prove immunity at the pretrial hearing, they may still pursue self-defense as an affirmative defense at trial, which must be proven beyond a reasonable doubt.

• Law enforcement may not arrest a person for using force unless probable cause exists that the force used was unlawful.