HB535 Summary

• Proposes a constitutional amendment applicable only to Shelby County allowing use of deadly physical force in self-defense or defense of another person on church premises under specified conditions.

• Permits deadly force when a person reasonably believes another is using or about to use physical force against a church employee, volunteer, member, or authorized person while committing or attempting to commit crimes involving death, serious physical injury, first-degree robbery, or first-degree kidnapping.

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

• Requires courts to conduct pretrial hearings upon defendant motion to determine if deadly force was justified, with defendant bearing burden of proof by preponderance of evidence; dismisses charges if defendant proves immunity, or allows self-defense claim to proceed at trial if not proven at pretrial hearing.

• Restricts law enforcement from arresting a person for use of force unless probable cause exists that the force was unlawful.