HB46 Alabama 2012 Session

Summary

Primary Sponsor

Jack Williams

Republican

Session

Regular Session 2012

Title

Property owners, limited immunity from civil liability in defense of self, others, and property from person unlawfully on property and engaging in criminal conduct, exceptions

Summary

HB46 would shield property owners and their agents from civil liability when they reasonably and proportionally resist criminal activity on their property.

What This Bill Does

It provides limited civil immunity to property owners and their agents for reasonable and proportionate actions taken to resist criminal conduct on the property. The person unlawfully entering assumes the risk for injuries resulting from the attempted criminal conduct. Immunity applies only if the owner acts as a prudent person would under similar circumstances. It does not apply to creating hidden hazardous conditions designed to deter crime or injure criminals.

Who It Affects

• Property owners and their agents: immune from civil liability for reasonable, proportionate actions taken to resist criminal conduct on their property.
• Individuals who unlawfully enter the property to commit crime: they assume the risk of injuries resulting from their criminal activity and actions taken to resist it.

Key Provisions

• Provision 1: Defines property to include real property and buildings, structures, and improvements, and grants immunity to owners/agents for reasonable and proportionate acts to resist criminal conduct on such property; unlawful entrants assume risk for injuries related to the criminal act.
• Provision 2: Excludes immunity for the creation of hidden hazardous or dangerous conditions on property intended to deter crime or cause injury to criminals; specifies the act becomes effective on the first day of the third month after passage/approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses