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AL SB420

Bill

Status

Passed

5/4/2016

Primary Sponsor

Phillip Williams

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Origin

Senate

Regular Session 2016

AI Summary

  • Requires a pretrial hearing before trial in cases where a defendant claims self-defense, with the defendant bearing the burden to prove by preponderance of the evidence that force used was justified.

  • If the defendant proves the force was justified at the pretrial hearing, the court must enter an order granting immunity from criminal prosecution and dismissing the criminal charges.

  • If the defendant fails to prove immunity at the pretrial hearing, they may continue to raise self-defense as a defense at trial, with the state retaining its burden to prove guilt beyond a reasonable doubt.

  • Law enforcement agencies may investigate use of force under standard procedures but may not arrest a person unless they determine probable cause exists that the force used was unlawful.

  • The act becomes effective on the first day of the third month following passage and approval by the Governor.

Legislative Description

Self-defense, pretrial hearing required in cases which the defense is claimed, burden of proof, dismissal of charges under certain conditions, Sec. 13A-3-23 am'd.

Crimes and Offenses

Last Action

Assigned Act No. 2016-420.

5/4/2016

Committee Referrals

Judiciary4/26/2016
Judiciary4/19/2016

Full Bill Text

No bill text available