HB441 Alabama 2016 Session

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

To amend Section 13A-3-23, Code of Alabama 1975, relating to the use of force in defense of a person, to 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; to require the entry of an order dismissing the case under certain conditions; and allowing certain defendants to continue to claim self-defense at trial.