HB562 Alabama 2019 Session

Summary

Primary Sponsor

April WeaverSenator

Republican

Session

Regular Session 2019

Title

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

Summary

HB 562 would create a Bibb County local constitutional amendment allowing deadly force in self-defense on church property under specific conditions, with immunity from prosecution and a pretrial immunity review.

What This Bill Does

It applies only in Bibb County and defines terms like church and premises. It allows a person on church premises to use deadly force if they reasonably believe someone is about to use force against them or someone else during certain crimes, with a legal presumption of justification. The person would have no duty to retreat and would be immune from criminal prosecution and civil suits for the justified use of force, subject to certain exceptions. A judge would hold a pretrial immunity hearing to decide if the person is immune; if immunity is proven, charges are dismissed; if not, the case proceeds with the state proving the elements. Law enforcement can investigate the incident but may not arrest unless there is probable cause that the force was unlawful.

Who It Affects

• People on Bibb County church premises (employees, volunteers, members, or others authorized to be there) who may use deadly force in self-defense or defense of others under the amendment.
• Bibb County churches and their staff and attendees who would benefit from immunity protections and be subject to the amendment's procedures, including law enforcement and court processes for immunity determinations.

Key Provisions

• Applies only in Bibb County as a local constitutional amendment.
• Defines key terms: church, deadly physical force, force, and premises.
• Allows deadly force in self-defense or defense of another if the person reasonably believes a threat exists on church premises during certain crimes (death, serious injury, first-degree robbery, or first-degree kidnapping).
• Creates a legal presumption of justification and removes the duty to retreat (stand your ground) when justified and not engaged in unlawful activity.
• Provides immunity from criminal prosecution and civil action for justified force, with exceptions for unlawful force or violations of specific statutes.
• Requires a pretrial immunity hearing to determine if immunity applies; if proven, charges are dismissed; if not, the case proceeds with the state proving the elements beyond a reasonable doubt.
• Allows law enforcement to investigate under standard procedures but restricts arrest unless there is probable cause that the force was unlawful.
• Sets up an election to vote on the amendment and describes ballot language for voter consideration.

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