HB523 Summary

• Proposes a constitutional amendment applying only to Colbert County that justifies the use of deadly physical force in self-defense or defense of another person on church premises when responding to crimes involving death, serious physical injury, robbery in the first degree, or kidnapping in the first degree.

• Grants legal immunity from criminal prosecution and civil action to persons using justified force, provided they are not engaged in unlawful activity and have the right to be on the premises.

• Establishes a pretrial hearing requirement where defendants must prove by preponderance of evidence they are immune from prosecution; if successful, charges are dismissed, and if unsuccessful, they may still pursue a self-defense claim at trial.

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

• Amendment passed the House 66-0-31 on May 9, 2019, and requires voter approval in accordance with Alabama election laws.