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HB94 Alabama 2020 Session

Updated Feb 26, 2026
High Interest

Summary

Primary Sponsor
Ron Johnson
Ron Johnson
Republican
Session
Regular Session 2020
Title
Talladega Co., churches, deadly physical force, use in self-defense or defense of others
Summary

HB 94 would amend Alabama's constitution to allow deadly force in self-defense on church property in Talladega County under defined conditions, with immunity from criminal and civil liability if justified.

What This Bill Does

It creates a legal framework that allows a person on a church premises to use deadly physical force if they reasonably believe someone on the premises is about to commit certain serious crimes. It removes the duty to retreat and grants immunity from prosecution and civil suits for justified force. It also sets up a pretrial hearing to determine immunity and instructs law enforcement on investigation and potential arrest only if there is probable cause that the force was unlawful.

Who It Affects
  • Individuals on church premises in Talladega County (employees, volunteers, members, or others authorized to be on the premises) who might need to use deadly force in self-defense or defense of others.
  • Churches in Talladega County, including their staff and attendees, by providing a legal framework for defense of persons on the premises.
  • Defendants claiming immunity under this amendment and the prosecution seeking to prove otherwise.
  • Law enforcement agencies in Talladega County, regarding investigation procedures and when to arrest for force used.
Key Provisions
  • Applies only in Talladega County and defines key terms: Church, Deadly Physical Force, Force, and Premises.
  • Creates a legal presumption that deadly force is justified in self-defense or defense of another if reasonably believed to be against someone on church premises authorized to be there, during certain crimes (death, serious injury, first-degree robbery, or first-degree kidnapping) being committed or attempted.
  • No duty to retreat; individuals may stand their ground if justified and not engaged in unlawful activity on any premises where they have a right to be.
  • Provides immunity from criminal prosecution and civil action for justified force, with exceptions for unlawful force or violations of specific statutes.
  • Before trial, the court must hold a pretrial immunity hearing; if the defendant proves immunity by a preponderance of the evidence, charges are dismissed; if not, trial proceeds with the state proving all elements beyond a reasonable doubt.
  • Law enforcement may investigate under standard procedures but may arrest only if there is probable cause that the force used was unlawful.
  • Requires an election to approve the amendment and describes the ballot language for voters.
AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects
Churches

Bill Actions

H

Forwarded to Secretary of State on March 5, 2020 at 12:59 p.m.

H

Assigned Act No. 2020-16.

H

Clerk of the House Certification

H

Enrolled

S

Signature Requested

H

Passed Second House

S

McClendon motion to Local Application Certification adopted Roll Call 255

S

Motion to Read a Third Time and Pass adopted Roll Call 254

S

Third Reading Passed

S

Read for the second time and placed on the calendar

S

Read for the first time and referred to the Senate committee on Local Legislation

H

Engrossed

H

Motion to Local Application Resolution adopted Roll Call 14

H

Motion to Read a Third Time and Pass adopted Roll Call 13

H

Motion to Adopt adopted Roll Call 12

H

Johnson Amendment Offered

H

Third Reading Adopted

H

Read for the second time and placed on the calendar

H

Read for the first time and referred to the House of Representatives committee on Local Legislation

Bill Text

Votes

Motion to Adopt

February 13, 2020 House Passed
Yes 43
Abstained 51
Absent 11

Motion to Read a Third Time and Pass

February 13, 2020 House Passed
Yes 67
Abstained 30
Absent 8

Motion to Local Application Resolution

February 13, 2020 House Passed
Yes 45
Abstained 47
Absent 13

McClendon motion to Local Application Certification

March 5, 2020 Senate Passed
Yes 28
Absent 7

Documents

Source: Alabama Legislature