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Bill > HB117


MS HB117

MS HB117
Justifiable homicide; clarify immunity from prosecution and civil liability.


summary

Introduced
01/10/2025
In Committee
01/10/2025
Crossed Over
Passed
Dead
02/04/2025

Introduced Session

2025 Regular Session

Bill Summary

An Act To Amend Section 97-3-15, Mississippi Code Of 1972, To Authorize Criminal And Civil Immunity When A Court Determines Justifiable Homicide; And For Related Purposes.

AI Summary

This bill amends Mississippi's existing justifiable homicide law to provide expanded legal protections for individuals using force in self-defense or defense of others. The bill adds new provisions that create a more robust framework for immunity from criminal prosecution and civil liability when force is used under specific circumstances. Key changes include establishing a pretrial hearing process where a defendant can claim self-defense immunity, shifting the burden of proof to the prosecution to prove by clear and convincing evidence that the force used was unlawful. The bill clarifies that a person using force as permitted under the law is immune from criminal prosecution and civil action, except in cases involving law enforcement officers acting in their official duties. Additionally, the bill mandates that if a court finds the defendant's use of force was justified, it must dismiss criminal charges and grant immunity. The legislation also requires law enforcement agencies to have probable cause before arresting someone who has used force under these self-defense provisions, and it ensures that a person's failure to retreat before using deadly force cannot be used as evidence that the force was unnecessary or excessive. The bill will take effect on July 1, 2025, providing a clear legal standard for self-defense claims in Mississippi.

Committee Categories

Justice

Sponsors (1)

Last Action

Died In Committee (on 02/04/2025)

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