SB423 Summary

• Proposes a constitutional amendment applicable only to Shelby County regarding the use of deadly physical force on church premises.

• Allows a person to use deadly physical force and presume legal justification if they reasonably believe another person is using or about to use physical force while committing or attempting to commit death, serious physical injury, first-degree robbery, or first-degree kidnapping against church employees, volunteers, members, or authorized persons.

• Grants immunity from criminal prosecution and civil action for justified use of force, unless the force was determined unlawful or violated Section 13A-3-21, Code of Alabama 1975.

• Requires a pretrial hearing upon defendant's motion to determine whether deadly force was justified, with the defendant bearing the burden to prove immunity by preponderance of evidence; if immunity is proved, charges shall be dismissed.

• Prevents law enforcement from arresting a person for using force unless probable cause exists that the force was unlawful; requires a public election on the amendment in accordance with state law.