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AL HB562

Bill

Status

Introduced

5/2/2019

Primary Sponsor

April Weaver

Click for details

Origin

House of Representatives

Regular Session 2019

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

Committee Referrals

Local Legislation5/2/2019

Full Bill Text

No bill text available