HB513 Alabama 2023 Session

Summary

Primary Sponsor

Ernie YarbroughRepresentative

Republican

Session

Regular Session 2023

Title

Relating to self-defense, to amend Section 13A-3-23, Code of Alabama 1975, to provide a person's use of physical force in defending himself, herself, or another person is presumed reasonable; to further provide for the immunity received by a person whose use of physical force on another person is justified self-defense; to shift the burden of proving a person's use of physical force is not justified to the state; and to make nonsubstantive, technical revisions to update the existing code language to current style.

Summary

HB513 would presume that self-defense using force is reasonable and provide immunity from criminal or civil liability for justified force, while shifting the burden of proving not justified to the state and adding pretrial immunity reviews.

What This Bill Does

Creates a presumption that using force to defend yourself or others is reasonable. Provides immunity from criminal charges or civil actions for justified self-defense, with an exception if the person harmed is a law enforcement officer or the defender knew they were an officer. Shifts the burden of proof to the state, requiring clear and convincing evidence that the force was not justified, and allows a pretrial hearing to determine immunity. Also outlines when deadly force is presumed justified and when the presumption does not apply, and includes rules for investigations by law enforcement.

Who It Affects

• Individuals who defend themselves or others (general public) — may benefit from a presumption of reasonableness and potential immunity when their use of force is justified.
• Law enforcement officers and related enforcement processes — immunity and deadly-force presumptions apply with specific exceptions, and investigators may handle cases under defined procedures.

Key Provisions

• A person’s use of physical force to defend themselves or others is presumed reasonable.
• There is a legal presumption that deadly force is justified in defined situations (e.g., imminent unlawful deadly force, burglary, kidnapping/assault/robbery/rape/sodomy, or certain defensive actions in business or housing contexts).
• A person who uses justified force is immune from criminal prosecution and civil action, unless the target was a law enforcement officer or the person knew or should have known the target was an officer.
• The defendant does not bear the burden to prove reasonableness; the state must prove by clear and convincing evidence that the use of force was not justified.
• A pretrial hearing is required to determine whether the force used was justified or unlawful; if immunity is not proven, charges can proceed to trial.
• If immunity is not granted, the state continues to bear the burden of proving all elements beyond a reasonable doubt at trial.
• There are specific circumstances where the deadly-force presumption does not apply (e.g., the person harmed has the right to be in the dwelling, a child in custody, unlawful activity by the defender, or the defender attacking a law enforcement officer).
• Law enforcement agencies may use standard procedures to investigate the use of force but may not arrest the person unless there is probable cause that the force was unlawful.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Self-defense, to create presumption of reasonableness and further provide for immunity