HB513 Alabama 2023 Session

Summary

Primary Sponsor

Ernie Yarbrough Representative

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.

Description

Under existing law, a person may use physical force, including deadly physical force, to defend himself, herself, or another person from what he or she reasonably believes to be the use or imminent use of unlawful physical force, with exception.

This bill would provide a presumption of reasonableness in regard to an individual's use of physical force to defend himself, herself, or another person.

Under existing law, an individual who uses force that is justified is immune from criminal prosecution and civil action for the use of such force unless the force was determined unlawful.

This bill would provide that a person is immune from criminal prosecution or civil action for the use of justified physical force for self-defense unless the individual against whom force was used was a law enforcement carrying out an official duty or the individual knew or should have known the individual against whom force was used was a law enforcement officer.

Under existing law, a defendant claiming self-defense has the burden of proving, by a preponderance of the evidence, that his or her use of HB513 INTRODUCED force was reasonable.

This bill would shift the burden of proof to the state by requiring a showing by clear and convincing evidence that the defendant's use of force was unreasonable.

This bill would also make nonsubstantive, technical revisions to update the existing code language to current style.

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Subjects

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