HB536 Summary

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

• Permits use of deadly force when a person reasonably believes another is using or about to use physical force against church employees, volunteers, members, or authorized persons while committing crimes involving death, serious physical injury, first-degree robbery, or first-degree kidnapping.

• 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 of Alabama Code.

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

• Prohibits law enforcement from arresting a person for using force unless probable cause exists that the force was unlawful, though standard investigation procedures may be used.