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AL HB212

AL HB212
Self Defense, person who actively pursues an aggressor after the initial confrontation is not justified in using physical force in self defense or in defense of another, Sec.13A-3-23 am'd.


summary

Introduced
In Committee
Crossed Over
Passed
Dead

Introduced Session

Regular Session 2013

Bill Summary

Self Defense, person who actively pursues an aggressor after the initial confrontation is not justified in using physical force in self defense or in defense of another, Sec.13A-3-23 am'd.

AI Summary

This bill amends Alabama law regarding self-defense, specifically Section 13A-3-23 of the Code of Alabama 1975, to clarify when the use of physical force is not justified. The key change is the addition of a provision stating that a person is not justified in using physical force, including deadly physical force, if they initially pursued another person who was engaged in a lawful activity in a public place, and this pursuit led to a confrontation where force was used against the person who was initially pursued. This means that if someone starts a chase and then claims self-defense after the situation escalates, their claim may not be valid. The bill also adds provisions for immunity from criminal prosecution and civil action for those using justified force, and for innocent bystanders who use force to protect themselves from harm during a confrontation involving justified force, unless the force used was determined to be unlawful. The bill also clarifies that law enforcement agencies investigating the use of force may not make an arrest unless there is probable cause that the force used was unlawful.

Committee Categories

Justice

Sponsors (1)

Last Action

Read for the first time and referred to the House of Representatives committee on Judiciary (on 02/07/2013)

bill text


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