HB465 Summary

• Proposes a constitutional amendment applicable only to Talladega County relating to the use of deadly physical force in self-defense or defense of others on church premises.

• Permits a person to use deadly physical force and provides legal justification when reasonably believing another person is using or about to use physical force against church employees, volunteers, members, or authorized persons while committing or attempting crimes involving death, serious injury, robbery in the first degree, or kidnapping in the first degree.

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

• Requires courts to conduct pretrial hearings upon defendant motion to determine immunity, with the defendant bearing the burden of proving justification by preponderance of evidence; if immunity is established, charges must be dismissed.

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