Bill > HB192

This bill amends Alabama law regarding self-defense and the defense of others, primarily by establishing a legal presumption that a person is justified in using deadly physical force under specific circumstances, such as when facing imminent unlawful deadly physical force, burglary, kidnapping, rape, or robbery, or when someone is unlawfully and forcefully entering a dwelling, business, or occupied vehicle. This presumption, however, does not apply if the person against whom force is used is a lawful resident of the dwelling without a restraining order against them, is a child or grandchild, or if the person using force is engaged in unlawful activity or if the person against whom force is used is a law enforcement officer on duty. The bill also clarifies that a person who is justified in using force and has a right to be where they are has no duty to retreat and can stand their ground. Furthermore, it introduces a rebuttable presumption that a person's use of deadly physical force was not justified if they conceal, alter, destroy, or dispose of the weapon used, unless they voluntarily provide it to law enforcement. Finally, the bill reiterates immunity from criminal prosecution and civil action for justified use of force and outlines procedures for pretrial hearings to determine such immunity, with the state retaining the burden of proving unlawful force beyond a reasonable doubt at trial if immunity is not granted.

Justice

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