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AL HB472

Bill

Status

Engrossed

5/7/2019

Primary Sponsor

Danny Crawford

Click for details

Origin

House of Representatives

Regular Session 2019

AI Summary

  • Proposes a constitutional amendment applicable only to Limestone County that justifies the use of deadly physical force in self-defense or defense of another person on church premises under certain conditions.

  • Permits use of deadly force when a person reasonably believes another person is using or about to use physical force against church employees, volunteers, members, or authorized persons while committing or attempting to commit crimes involving death, serious physical 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 was determined to be unlawful or in violation of Section 13A-3-21 of the Alabama Code.

  • Requires a pretrial hearing upon defendant's motion where the defendant must prove by preponderance of evidence that deadly force was justified; if proven, charges are dismissed; if not proven, the defendant may pursue a self-defense claim at trial with the state bearing the burden of proof beyond a reasonable doubt.

  • Law enforcement may investigate force used but cannot arrest the person unless probable cause exists that the force was unlawful.

Legislative Description

Limestone Co., churches, deadly physical force, use in self-defense or defense of others, const. amend.

Churches

Last Action

Engrossed

5/7/2019

Committee Referrals

Local Legislation5/7/2019
Limestone County Legislation4/18/2019

Full Bill Text

No bill text available