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AL SB420
Bill
Status
5/4/2016
Primary Sponsor
Phillip Williams
Click for details
AI Summary
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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.
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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.
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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.
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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.
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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