HB461 Summary

• Proposes a constitutional amendment applicable only to Lauderdale County relating to the use of deadly physical force on church premises.

• Allows a person to use deadly physical force and is legally presumed justified in using it in self-defense or defense of another person if they reasonably believe someone is committing or attempting to commit a crime involving death, serious physical injury, robbery in the first degree, or kidnapping in the first degree against employees, volunteers, members, or authorized persons on church premises.

• Provides that a justified person who is not engaged in unlawful activity and has the right to be present has no duty to retreat and the right to stand their ground.

• Grants immunity from criminal prosecution and civil action for justified use of force, unless determined unlawful or in violation of Section 13A-3-21, Code of Alabama 1975.

• Requires a pretrial hearing upon defendant's motion where the defendant must prove by preponderance of evidence they are immune from prosecution; if proven, charges are dismissed; if not proven, defendant may pursue self-defense defense at trial with burden on state to prove guilt beyond reasonable doubt.