HB408 Alabama 2025 Session

Summary

Primary Sponsor

Ernie YarbroughRepresentative

Republican

Session

2025 Regular Session

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

HB408 would create a presumption that self-defense uses of force are reasonable, shift the burden of proof to the state to show the force was not justified, and provide immunity from criminal and civil action for justified force—unless the person harmed is a law enforcement officer—with a pretrial immunity hearing and related updates.

What This Bill Does

It gives a default assumption that defensive force was reasonable. It requires the state to prove, by clear and convincing evidence, that the defense was not justified, through a pretrial hearing on immunity. It protects people who use justified force from criminal charges or civil lawsuits, but sets special limits if the target was a police officer or someone the defender knew was an officer; it also adds a standing-your-ground principle (no retreat duty) and outlines deadly-force presumptions in specific scenarios; it takes effect October 1, 2025.

Who It Affects

• Individuals who defend themselves or others would gain immunity from criminal prosecution and civil action for justified force, with a presumption of reasonableness and a pretrial immunity review.
• Law enforcement officers and agencies would face exceptions and investigative rules, including that immunity does not apply when the person harmed is a law enforcement officer and prosecutors must prove otherwise, with procedures around arrests only if force was unlawful.

Key Provisions

• Creates a presumption of reasonableness for a person’s use of physical force in self-defense.
• Shifts the burden to the state to prove the force was not justified, by clear and convincing evidence, at a pretrial immunity hearing.
• Provides immunity from criminal prosecution and civil action for justified force, with exceptions if the other person is a law enforcement officer or the defender knew or should have known they were an officer.
• Allows deadly force to be presumed justified in defined circumstances (e.g., unlawful deadly force, burglary, kidnapping, violent crimes, etc.).
• Declares no duty to retreat and preserves stand-your-ground rights; restricts arrests by police unless probable cause of unlawful force.
• Includes nonsubstantive technical updates to current statute language and becomes effective October 1, 2025.

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

Subjects

Crimes & Offenses