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AL HB408
Bill
Status
3/6/2025
Primary Sponsor
Ernie Yarbrough
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AI Summary
HB408 Summary
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Establishes 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 from the defendant to the state, requiring the state to prove by clear and convincing evidence at pretrial hearings that the defendant's use of force was not justified.
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Provides immunity from criminal prosecution and civil action for justified use of physical force, with exceptions when the force was used against a law enforcement officer carrying out official duties or when the defendant knew or should have known the person was a law enforcement officer.
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Restricts law enforcement agencies from arresting a person for using force unless they determine there is probable cause that the force used was unlawful.
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Becomes effective October 1, 2025.
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
Crimes & Offenses
Last Action
Pending House Judiciary
3/6/2025