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MS HB117

Bill

Status

Failed

2/4/2025

Primary Sponsor

Lee Yancey

Click for details

Origin

House of Representatives

2025 Regular Session

AI Summary

  • Amends Mississippi Code Section 97-3-15 to add criminal and civil immunity protections for persons who use justifiable force, including deadly force, in self-defense or defense of another.

  • Establishes that a person using justified force is immune from criminal prosecution and civil action, except when force is used against a law enforcement officer acting in official duties who properly identified themselves.

  • Requires courts to conduct a pretrial immunity hearing upon defendant's motion before criminal trial to determine if force used was justified; once prima facie self-defense immunity is claimed, the burden shifts to the prosecution to prove by clear and convincing evidence that immunity does not apply.

  • If the court determines force was justified at the pretrial hearing, the court shall dismiss all criminal charges and grant immunity; if not, defendant may still pursue justification defense at trial with the state bearing the burden of proof beyond a reasonable doubt.

  • Takes effect July 1, 2025.

Legislative Description

Justifiable homicide; clarify immunity from prosecution and civil liability.

Last Action

Died In Committee

2/4/2025

Committee Referrals

Judiciary B1/10/2025

Full Bill Text

No bill text available