HB 34 Summary

• Adds "church" definition to Alabama law as a bona fide religious society or ecclesiastical body of any sect, order, or denomination, or any congregation thereof.

• Provides legal justification for using physical force, including deadly force, in self-defense or defense of another person on church premises when someone commits or attempts to commit crimes involving death, serious physical injury, robbery, kidnapping, rape, sodomy, or sexual crimes against children under 12.

• Extends immunity from criminal prosecution and civil action to persons who use justified force on church premises, unless the force is determined to be unlawful.

• Establishes pretrial hearing procedures where defendants must prove by preponderance of evidence that force used was justified; if proven, charges are dismissed and defendant is found immune from prosecution.

• Prohibits law enforcement from arresting a person for using force on church premises unless probable cause exists that the force was unlawful.

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