HB135 Summary

• Proposes a constitutional amendment applicable only to Colbert County that allows use of deadly physical force in self-defense or defense of another person on church premises when the person reasonably believes someone is using or about to use force while committing crimes involving death, serious physical injury, robbery in the first degree, or kidnapping in the first degree.

• Provides legal presumption of justification for using deadly physical force against employees, volunteers, members, or authorized persons on church premises whether the church is open or closed to the public.

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

• Requires pretrial hearing upon defendant's motion where defendant must prove by preponderance of evidence that deadly force was justified; if proven, court shall dismiss criminal charges and find defendant immune from prosecution.

• Prohibits law enforcement arrest for use of force unless probable cause exists that the force used was unlawful; requires election held in accordance with Alabama Constitution Section 284.01 and state election laws.