Bill > HB408

This bill, known as the Stand Your Ground Innocence Act, proposes significant changes to Alabama's self-defense laws, primarily amending Section 13A-3-23 of the Alabama Code. The bill expands and clarifies when a person can use physical force, including deadly force, in self-defense or defense of another person. Notably, it creates a legal presumption that a person's use of force is reasonable when defending themselves or others from what they believe to be unlawful force. The bill shifts the burden of proof in pre-trial hearings, requiring the state to prove by clear and convincing evidence that the use of force was not justified, instead of the previous standard. It also provides broader immunity from criminal prosecution and civil action for individuals using force under these circumstances, with specific exceptions for encounters with law enforcement. The bill maintains existing provisions about when force cannot be used, such as when a person intentionally provokes an attack or is the initial aggressor. Additionally, it requires law enforcement agencies to have probable cause before arresting someone who has used force under these self-defense provisions. The act is set to become effective on October 1, 2025, giving time for legal systems and law enforcement to prepare for the new standards.

Justice

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