Senate Bill 188 Alabama 2026 Session

Summary

Primary Sponsor

April WeaverSenator

Republican

Session

2026 Regular Session

Title

Criminal law; self-defense and defense of others; presumption of unlawful use of force under certain conditions

Summary

SB188 would create a presumption that a defendant’s use of force in self-defense is not justified if they concealed, altered, destroyed, or disposed of the weapon used, unless turned over to law enforcement, and would modify immunity and deadly-force rules in Alabama.

What This Bill Does

SB188 adds a rebuttable presumption that the use of force is not justified if the weapon used in the offense is concealed, altered, destroyed, or disposed of, unless the weapon is voluntarily given to law enforcement. The core rule that force used to defend against unlawful and imminent danger must be reasonable and necessary remains. It also creates specific deadly-force presumptions in certain threat scenarios and includes exceptions where the presumption does not apply. Additionally, the bill establishes a pretrial immunity process, clarifies immunity from criminal and civil liability for justified force, and sets an effective date of October 1, 2026, along with enforcement procedures by law enforcement and courts.

Who It Affects

• Defendants who claim self-defense or defense of another person; they may face a new presumption that their force was not justified if they disposed of the weapon, and they may be eligible for a pretrial immunity determination.
• Law enforcement, prosecutors, and the judiciary; they must apply the new presumption, conduct pretrial immunity hearings, determine probable cause for arrests, and manage the deadly-force presumptions and related exceptions.

Key Provisions

• Presumption of not justified: if the weapon used in the offense is concealed, altered, destroyed, or disposed of (unless handed to law enforcement), there is a rebuttable presumption that the defendant's use of force was not justified.
• Justification standard unchanged: a defendant may justify using physical force to defend themselves or others from what they reasonably believe is unlawful, imminent force, using the force reasonably believed to be necessary.
• Deadly-force presumptions: the defense may be presumed justified in certain circumstances where deadly force is used or threatened, including imminent deadly force and specific crime-in-progress or entry scenarios; there are important exceptions to these presumptions.
• Exceptions to deadly-force presumptions: the presumption does not apply if the defender has the right to be in the location, the person to be removed is a child or in lawful custody, the defender is engaged in unlawful activity, or the person is a law enforcement officer acting in official duties.
• Immunity from prosecution: a person justified in using force is immune from criminal prosecution and civil action unless the force was unlawful; the court must hold a pretrial hearing to determine immunity, with the defendant bearing the burden to prove immunity by a preponderance of the evidence.
• Trial after immunity decision: if immunity is not proven at the pretrial hearing, the defendant may continue to pursue self-defense at trial, and the state must prove all elements beyond a reasonable doubt.
• Law enforcement and arrest procedures: agencies may investigate force under standard procedures but may not arrest someone for using force unless there is probable cause that the force was unlawful.
• Effective date: the act becomes effective on October 1, 2026.

AI-generated summary using openai/gpt-5-nano on Feb 12, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes & Offenses