HB536 Alabama 2019 Session

Summary

Primary Sponsor

Jamie KielRepresentative

Republican

Session

Regular Session 2019

Title

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

Summary

A constitutional amendment for Franklin County to allow deadly force in self-defense on church premises under certain conditions and provide immunity from criminal and civil liability.

What This Bill Does

If adopted, the amendment would let a person use deadly physical force on church property in self-defense or to defend others when they reasonably believe someone is harming a protected person during certain crimes. It creates a presumption that such force is justified, removes the duty to retreat for those justified, and provides immunity from criminal prosecution and civil lawsuits. It also sets up a pretrial immunity hearing to decide if the defendant is protected, and if immunity is proven, charges are dismissed; if not, the case proceeds with the usual burden on the state. Law enforcement can investigate under normal rules but cannot arrest someone unless there is probable cause that the force was unlawful.

Who It Affects

• People on church premises in Franklin County (employees, volunteers, members, and other individuals authorized to be on the premises) who may use deadly force in self-defense or defense of others under the amendment.
• Churches and church-related organizations in Franklin County, along with local law enforcement, who are affected by the immunity provisions, pretrial determinations, and investigation/arrest rules related to use of force on church property.

Key Provisions

• Applies only in Franklin County and defines key terms: Church, Deadly Physical Force, Force, Premises.
• Defines when deadly force is presumed justified: on church premises when a protected person is facing or about to face threats during certain crimes (death, serious injury, first-degree robbery, or first-degree kidnapping) involving someone on the premises who is authorized to be there.
• No duty to retreat for someone deemed justified in using force on church premises.
• Provides immunity from criminal prosecution and civil action for justified force, with exceptions if the force was unlawful or violated specific statutes.
• Establishes a pretrial hearing to determine immunity, requiring the defendant to prove immunity by a preponderance of the evidence; if immunity is proven, charges are dismissed.
• If immunity is not proven at the pretrial hearing, the defense can be pursued at trial and the state continues to bear the burden of proving guilt beyond a reasonable doubt.
• Law enforcement may investigate under standard procedures but may not arrest unless there is probable cause that the force used was unlawful.

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