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AL HB513
Bill
Status
5/23/2023
Primary Sponsor
Ernie Yarbrough
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AI Summary
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Creates a presumption of reasonableness for an individual's use of physical force in self-defense or defense of another person.
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Shifts the burden of proof to the state, requiring the state to prove by clear and convincing evidence that a defendant's use of force was unreasonable at pretrial immunity hearings.
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Provides immunity from criminal prosecution and civil action for justified use of physical force, with exceptions when the person against whom force was used was a law enforcement officer carrying out official duties or the defendant knew or should have known they were law enforcement.
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Requires pretrial hearings to determine whether force used was justified, and mandates dismissal of charges if the state fails to prove by clear and convincing evidence that the force was not justified.
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Takes effect on the first day of the third month following passage and approval by the Governor.
Legislative Description
Relating to self-defense, to amend Section 13A-3-23, Code of Alabama 1975, to provide a person's use of physical force in defending himself, herself, or another person is presumed reasonable; to further provide for the immunity received by a person whose use of physical force on another person is justified self-defense; to shift the burden of proving a person's use of physical force is not justified to the state; and to make nonsubstantive, technical revisions to update the existing code language to current style.
Self-defense, to create presumption of reasonableness and further provide for immunity
Last Action
Introduced and Referred to House Judiciary
5/23/2023