Loading chat...
AL HB562
Bill
Status
5/2/2019
Primary Sponsor
April Weaver
Click for details
AI Summary
-
Proposes a local constitutional amendment for Bibb County establishing when deadly physical force is justified 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 while committing or attempting crimes involving death, serious physical injury, first-degree robbery, or first-degree kidnapping against church employees, volunteers, members, or authorized persons.
-
Provides legal immunity from criminal prosecution and civil action for justified use of force, unless force is determined unlawful or violates Section 13A-3-21, Code of Alabama 1975.
-
Establishes pretrial hearing procedure where defendant must prove by preponderance of evidence that deadly force was justified; if proven, court must dismiss charges and grant immunity; if not proven, defendant may raise self-defense at trial with prosecution bearing burden of proof beyond reasonable doubt.
-
Restricts law enforcement from arresting a person for using force unless probable cause exists that the force was unlawful; amendment applies only in Bibb County and requires voter approval through constitutional election.
Legislative Description
Bibb Co., churches, deadly physical force, use in self-defense or defense of others, const. amend.
Churches
Last Action
Read for the first time and referred to the House of Representatives committee on Local Legislation
5/2/2019