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MS HB117
Bill
Status
2/4/2025
Primary Sponsor
Lee Yancey
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AI Summary
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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.
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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.
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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.
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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.
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Takes effect July 1, 2025.
Legislative Description
Justifiable homicide; clarify immunity from prosecution and civil liability.
Last Action
Died In Committee
2/4/2025