HB263 Alabama 2020 Session

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 certain specified crimes

This bill would further provide for the justification for a person to use deadly physical force in self-defense or in the defense of another person on the premises of a church under certain conditions

Relating to self-defense and the defense of others; to create the Alabama Church Protection Act; to further provide for the justification for a person to use deadly physical force in self-defense or in the defense of another person on the premises of a church under certain conditions.

Section 1

This act shall be known and may be cited as the Alabama Church Protection Act.

Section 2

(a) For the purposes of this section, the following words have the following meanings: (1) CHURCH. A duly constituted religious society or ecclesiastical body of any sect, order, or denomination, or any congregation thereof. (2) PREMISES OF A CHURCH. Any building and any real property of the church, or any building or real property, or portion thereof, upon which the church is authorized, licensed, or permitted to conduct church-sanctioned worship services, meetings, events, or programs. The term does not include a private dwelling. (b) In accordance with Section 13A-3-23, Code of Alabama 1975, a person may use deadly physical force, and is legally presumed to be justified in using deadly physical force, when acting in self-defense or the defense of a third person if the person reasonably believes that another person is using or about to use unlawful deadly physical force against any person who is lawfully present on the premises of a church during a church-sanctioned worship service, meeting, event, or program. (c) A person who uses or attempts to use deadly physical force in accordance with subsection (b) is entitled to all the justifications, defenses, and immunities provided in Section 13A-3-23, Code of Alabama 1975, as well as the procedural provisions provided in that section, and each shall apply to the same extent. (d) The procedure for conducting the pretrial immunity hearing under this section shall be the same as that provided in Section 13A-3-23, Code of Alabama 1975, and a person acting in self-defense or the defense of a third person in accordance with this section shall be legally presumed to be justified in the use or attempted use of deadly physical force upon a prima facie showing of evidence supporting the defense. (e) A person acting in self-defense or the defense of a third person in accordance with this act is not required to wait for the actual use of unlawful deadly physical force by another person before being entitled to the justifications, defenses, and immunities afforded by this section and Section 13A-3-23, Code of Alabama 1975, but instead may act to prevent the unlawful use of deadly physical force in accordance with this section. (f) This justifications, defenses, and immunities of this section shall be supplemental to Section 13A-3-23, Code of Alabama 1975, and none of the provisions of this section shall be construed to limit, narrow, restrict, or abridge the justifications, defenses, and immunities provided by Section 13A-3-23, Code of Alabama 1975.

Section 3

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.