The bill amends Section 13A-3-23 of the Code of Alabama 1975, which pertains to the justification of using physical force in self-defense or in defense of others. Key changes include the establishment of a presumption that the use of force is not justified if the defendant engages in certain conduct, such as being the initial aggressor or provoking the use of unlawful physical force. The bill also clarifies the conditions under which a person may use deadly physical force, specifying scenarios where such force is presumed justified, such as when facing unlawful deadly physical force or during a burglary. Additionally, it introduces a rebuttable presumption against justification if the defendant conceals or alters the weapon used in the incident.

Further, the bill outlines that individuals justified in using force are immune from criminal prosecution unless the force is deemed unlawful. It mandates a pretrial hearing to determine the justification of the force used, where the defendant must prove their immunity by a preponderance of the evidence. If the court finds the defendant justified, charges will be dismissed; if not, the defendant can still argue self-defense at trial. The bill also stipulates that law enforcement cannot arrest individuals for using force unless there is probable cause that the force was unlawful. The act is set to take effect on October 1, 2026.

Statutes affected:
Introduced: 13A-3-23, 13A-3-23
Engrossed: 13A-3-23, 13A-3-23