Bill > HB498

This bill enacts the Ohio Self-Defense Act, which significantly modifies Ohio's laws regarding self-defense, defense of another, and defense of one's residence. The bill expands protections for individuals using force in self-defense by establishing that a person has no duty to retreat from any place where they are lawfully present before using reasonable force, including deadly force. It creates a presumption of self-defense when someone uses force against a person unlawfully entering their residence, vehicle, or place of business, and establishes a pretrial immunity hearing process for both criminal and civil cases involving self-defense claims. The bill also specifies circumstances where self-defense is not a valid defense, such as when a person is committing a felony or initially provoked an aggressor. Importantly, the law requires that in self-defense cases, courts and juries cannot consider the possibility of retreat as a factor in determining whether the use of force was reasonable. Additionally, the bill provides immunity from arrest, criminal prosecution, and civil action for individuals who use force in accordance with the new self-defense provisions, and even mandates that courts award treble damages and attorney's fees to defendants found to be immune from prosecution.

Military Affairs and Security

https://www.legislature.ohio.gov/legislation/136/hb498