SB420 Alabama 2016 Session

Updated Feb 24, 2026

Summary

Primary Sponsor: Phillip W. Williams
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.
Summary: SB420 requires a pretrial hearing to decide if a defendant’s self-defense claim justifies the use of force, and if proven, dismisses the case with immunity.
What This Bill Does
Adds a required pretrial immunity hearing for self-defense claims; the defendant must prove by a preponderance of the evidence that the force used was justified. If proven, the court dismisses the criminal charges and grants immunity from criminal prosecution and civil action. If not proven at the pretrial stage, the defense can continue to argue self-defense at trial and the state must prove all elements beyond a reasonable doubt. It also clarifies when deadly force is presumed justified and outlines related exceptions and arrest rules for law enforcement.

Who It Affects
Defendants who claim self-defense or defense of another person: must prove justification by a preponderance at a pretrial hearing; if proven, charges are dismissed and they gain immunity.
Law enforcement and the criminal justice system: conduct pretrial immunity hearings, may arrest only with probable cause that the force was unlawful, and continue to pursue trial-based proof if immunity is not established.

Key Provisions
Requires a pretrial hearing (immunity hearing) to determine whether the defendant's use of force was justified; the defendant must prove this by a preponderance of the evidence.
If the defendant proves immunity at the pretrial hearing, the court must dismiss the charges and grant immunity from criminal prosecution and civil action unless the force was unlawful.
If immunity is not proven at the pretrial hearing, the defense of self-defense may continue at trial, and the state must prove all elements beyond a reasonable doubt.
Defines situations where deadly force is presumed justified (e.g., defense against unlawful deadly force, burglary of a dwelling, kidnapping, certain assaults/robberies/sexual crimes, or unlawful entry into dwelling/business/vehicle) and lists exceptions where the presumption does not apply.
Affirms stand-your-ground rights (no duty to retreat) in places where the defender has the right to be, and sets limits such as not applying if the defender provoked the force, was the initial aggressor, or used force as part of an unlawful combat.
Immunity from prosecution and civil liability applies for justified force, unless the force is unlawful.
Law enforcement procedures: agencies may investigate-force use with standard procedures but may not arrest unless there is probable cause the force used was unlawful.
Effective date: the act becomes law on the first day of the third month after passage.

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