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AL HB472
Bill
Status
5/7/2019
Primary Sponsor
Danny Crawford
Click for details
AI Summary
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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.
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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.
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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.
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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.
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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