Under existing law, an individual is justified in using physical force upon another in order to defend himself or herself or a third party from what the acting individual reasonably believes to be the use or imminent use of unlawful physical force by another. Existing law also provides specified circumstances where an individual may use deadly physical force against another. Prior to the commencement of a trial against a defendant in which the defendant claims his or her use of force is justified, the defendant must show by a preponderance of the evidence that his or her use of force was justified. This bill would provide that in such a proceeding, if the defendant concealed, altered, destroyed, or otherwise disposed of a weapon used in the commission of physical force or deadly physical force, other than voluntarily providing the weapon to law enforcement, there is a presumption that the defendant's use of force was not justified.

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