Bill > H3063

This bill amends South Carolina's existing "Stand Your Ground" law by changing the burden of proof in pretrial hearings. Currently, when a defendant claims immunity from prosecution under the Stand Your Ground provisions (which allow individuals to use deadly force in self-defense under certain circumstances), the bill shifts the responsibility to prove that the immunity does not apply from the defendant to the state. Specifically, in a pretrial hearing where a defendant asserts they are entitled to immunity, the state will now be required to demonstrate that the circumstances do not justify the defendant's use of deadly force, rather than the defendant having to prove their actions were justified. This change could make it more challenging for prosecutors to proceed with criminal charges in cases where a defendant claims self-defense, potentially providing stronger legal protections for individuals who use force in what they believe to be self-defense situations. The bill will take effect upon the Governor's approval and does not alter any pending legal actions or rights that existed before its implementation.

Justice

https://www.scstatehouse.gov/billsearch.php?billnumbers=3063&session=126&summary=B