HB94 Summary

• Proposes a constitutional amendment applicable only to Talladega County to establish justification for using deadly physical force in self-defense or defense of another person on church premises.

• Permits use of deadly physical 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.

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

• Establishes pretrial hearing procedures where defendants must prove by preponderance of evidence that force used was justified; if proven, charges are dismissed; if not proven, defendant may pursue self-defense claim at trial with state bearing burden of proof beyond reasonable doubt.

• Restricts law enforcement from arresting a person for using force unless probable cause exists that the force was unlawful; amendment requires voter approval in Talladega County before becoming effective.