HB441 Alabama 2016 Session

Summary

Primary Sponsor

Jim Hill Representative

Republican

Session

Regular Session 2016

Title

Self-defense, pretrial hearing required in cases which the defense is claimed, burden of proof, dismissal of charges under certain conditions, Sec. 13A-3-23 am'd.

Description

Under existing law, a person is justified in using physical force, including deadly force, in self-defense or in the defense of another person under certain conditions and an occupant of a dwelling or business property may use deadly physical force, and is legally presumed to be justified in using deadly physical force in self-defense or the defense of another person against a person committing or attempting to commit a burglary of the dwelling or other specified crimes.

This bill would require a pretrial hearing in which a defendant claiming self-defense must prove by a preponderance of the evidence that the force, including deadly force, was justified. Upon satisfying this burden, the criminal charges would be dismissed.

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Subjects

Crimes and Offenses