HB 169 Summary

• Shifts burden of proof to the state to establish beyond a reasonable doubt that a defendant is not entitled to self-defense immunity at a pretrial evidentiary hearing, once a prima facie claim of self-defense immunity has been raised.

• Makes amendments retroactively applicable to all pending proceedings at the time the act becomes law.

• Creates new statute 939.061 requiring reimbursement to defendants who successfully claim immunity under self-defense laws for court costs, reasonable private attorney fees, and related expenses incurred in defending the criminal prosecution.

• Establishes a 6-month deadline for defendants to submit reimbursement requests to the Justice Administrative Commission, which must make determinations within 30 days and reimburse from the prosecuting state attorney's operating trust fund within 60 days of approval.

• Limits reimbursement awards to a maximum of $200,000 per defendant.