HB94 Summary

• Proposes a constitutional amendment applying only to Talladega County allowing persons to use deadly physical force in self-defense or defense of others on church premises under specified conditions.

• Permits use of deadly force when a person reasonably believes another is using or about to use physical force against church employees, volunteers, members, or authorized persons while committing or attempting crimes involving death, serious physical injury, first-degree robbery, or first-degree kidnapping.

• Provides legal immunity from criminal prosecution and civil action for justified use of force, unless the force is determined unlawful or violates Section 13A-3-21 of the Alabama Code.

• Requires a pretrial hearing upon defendant's motion where the defendant must prove by preponderance of evidence that force used was justified; if proven, charges must be dismissed.

• Prohibits law enforcement from arresting a person for using such force unless probable cause exists that the force was unlawful.