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AL HB563

Bill

Status

Engrossed

5/16/2019

Primary Sponsor

April Weaver

Click for details

Origin

House of Representatives

Regular Session 2019

AI Summary

  • Proposes a local constitutional amendment for Chilton 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 while committing crimes involving death, serious physical injury, robbery in the first degree, or kidnapping in the first degree.

  • Establishes legal presumption of justification for use of deadly force and provides immunity from criminal prosecution and civil action unless force is determined unlawful.

  • Requires pretrial hearing upon defendant's motion to determine immunity, with defendant bearing burden of proving justified use of force by preponderance of evidence; if unsuccessful, defendant may continue with self-defense claim at trial where state bears burden of proof beyond reasonable doubt.

  • Restricts law enforcement from arresting person for using force unless probable cause exists that force was unlawful; election on amendment to follow constitutional procedures.

Legislative Description

Chilton 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 Senate committee on Local Legislation

5/16/2019

Committee Referrals

Local Legislation5/16/2019
Local Legislation5/2/2019

Full Bill Text

No bill text available