HB523 Alabama 2019 Session

Summary

Primary Sponsor

Andrew SorrellAuditor

Republican

Session

Regular Session 2019

Title

Colbert Co., churches, deadly physical force, use in self-defense or defense of others, const. amend.

Summary

HB 523 would amend Alabama’s Constitution to let Colbert County churches justify deadly force in self-defense on church property under certain conditions, with immunity from prosecution and specific pretrial steps.

What This Bill Does

The amendment applies only in Colbert County and creates a framework where a person on church premises who reasonably believes they or someone else is about to be harmed can use deadly force if certain violent crimes are involved. It removes the duty to retreat and allows standing your ground on church property when justified. It provides immunity from criminal prosecution and civil action for justified force, set up a pretrial immunity hearing, and can lead to dismissal of charges if immunity is proven; otherwise the case proceeds with the state proving guilt beyond a reasonable doubt. Law enforcement may investigate under normal procedures but cannot arrest someone unless there is probable cause that the force used was unlawful. An election to adopt the amendment would be held to determine whether it becomes part of the constitution.

Who It Affects

• People on Colbert County church premises (employees, volunteers, members, or others authorized to be on the premises) who may use deadly physical force in self-defense or defense of others under the specified circumstances.
• Law enforcement, prosecutors, and the judiciary in Colbert County, due to pretrial immunity hearings, potential dismissal of charges, and arrest eligibility based on whether the force was unlawful.

Key Provisions

• Applies only in Colbert County as a proposed amendment to the Alabama Constitution.
• Defines terms: CHURCH, DEADLY PHYSICAL FORCE, FORCE, and PREMISES.
• Creates a legal presumption that deadly force is justified in self-defense or defense of another when the target is on church premises and the crime involved is death, serious physical injury, or first-degree robbery or kidnapping, occurring while the church is open or closed to the public.
• No duty to retreat; individuals have the right to stand their ground on church premises where they have a right to be.
• Immunity from criminal prosecution and civil action for justified force, unless the force is unlawful or violates specific criminal statutes.
• Requires a pretrial hearing to determine immunity; if immunity is proven by a preponderance of the evidence, charges are dismissed; if not, the defense can proceed at trial with the state bearing the burden beyond a reasonable doubt.
• Law enforcement may investigate using standard procedures but may not arrest unless there is probable cause that the force used was unlawful.
• An election must be held to decide whether to adopt the amendment.

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

Subjects

Churches