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.
Assigned Act No. 2016-420.
Enrolled
Signature Requested
Passed Second House
Motion to Read a Third Time and Pass adopted Roll Call 891
Hammon motion to Previous Question adopted Roll Call 890
Third Reading Passed
Hill (J) motion to Carry Over Temporarily adopted Voice Vote
Third Reading Carried Over
Read for the second time and placed on the calendar
Read for the first time and referred to the House of Representatives committee on Judiciary
Motion to Read a Third Time and Pass adopted Roll Call 825
Third Reading Passed
Read for the second time and placed on the calendar
Read for the first time and referred to the Senate committee on Judiciary
Source: Alabama Legislature