SB392 Alabama 2014 Session

Summary

Primary Sponsor

Cam Ward

Republican

Co-Sponsors

J.T. WaggonerJerry L. Fielding

Session

Regular Session 2014

Title

Evidence, rebuttable presumption that an emergency call to a law enforcement agency or 911 by a defendant in certain criminal cases is inadmissible

Summary

SB392 would make an emergency call by a defendant in certain homicide cases inadmissible by default, unless it is shown to be relevant to a self-defense claim in a court hearing.

What This Bill Does

It creates a rebuttable presumption that an emergency call to law enforcement or 911 made by a defendant in murder, attempted murder, manslaughter, or first-degree assault cases is inadmissible when the defendant asserts self-defense. The prosecutor must notify the defendant of the intent to introduce the call, and the court must hold a hearing to decide admissibility. The presumption can be overcome if there is a material fact showing the call is materially relevant to the self-defense claim. The law takes effect on the first day of the third month after it is passed and approved.

Who It Affects

• Defendants charged with murder, attempted murder, manslaughter, or first-degree assault who claim self-defense, because their emergency calls are presumed inadmissible unless relevant to self-defense.
• Prosecutors, who must provide notice of their intent to introduce the emergency call and conduct a hearing to determine admissibility.
• Courts and judges, who must apply the presumption and decide whether the emergency call is admissible based on material relevance to the self-defense claim.

Key Provisions

• Establishes a rebuttable presumption that an emergency call made by a defendant in specified homicide-related cases is inadmissible if the defendant asserts self-defense.
• Requires the prosecutor to notify the defendant of the intent to introduce the emergency call and triggers a court hearing to determine admissibility.
• Allows the court to admit the call and override the presumption only if there is a material issue of fact showing the call is materially relevant to the self-defense claim.
• Specifies that the presumption applies to calls made contemporaneously with the charged event and that the admissibility decision can be rebutted by evidence of material relevance.
• Effective date: the act becomes law on the first day of the third month after passage and governor's signature.

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

Subjects

Evidence