Bill > HB108

This bill amends Ohio's existing self-defense law to create a new pretrial procedure for individuals asserting self-defense, defense of another, or defense of property. Under the proposed changes, a person accused of an offense involving the use of force can file a pretrial motion requesting the court establish a rebuttable presumption that they acted in self-defense. If the court finds evidence supporting the claim by a preponderance of the evidence, it will grant the motion, which shifts the burden of proof to the prosecution to prove beyond a reasonable doubt that the accused did not act in self-defense. The bill maintains the fundamental presumption of innocence while providing a more structured process for defendants to assert self-defense claims before trial. It also clarifies existing definitions of terms like "dwelling," "residence," and "vehicle," and specifies conditions under which a person is presumed to be acting in self-defense, such as when someone is unlawfully entering their residence or vehicle. The bill aims to strengthen protections for individuals who use force in legitimate self-defense situations, giving them a clearer legal pathway to demonstrate the justification for their actions.

Justice

https://www.legislature.ohio.gov/legislation/136/hb108