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AL HB563
Bill
Status
5/16/2019
Primary Sponsor
April Weaver
Click for details
AI Summary
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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.
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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.
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Establishes legal presumption of justification for use of deadly force and provides immunity from criminal prosecution and civil action unless force is determined unlawful.
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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.
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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