This bill enacts new provisions in the Louisiana Code of Evidence and the Code of Criminal Procedure regarding the burden of proof in cases involving self-defense claims. Under the newly created Code of Evidence Article 1105, in civil proceedings where self-defense is claimed, the defendant must prove by a preponderance of the evidence that their actions were justified as self-defense. Conversely, if the self-defense claim is raised by an authorized person, the burden shifts to the opposing party to demonstrate that the injury or loss was not a result of justified self-defense.
Additionally, the bill introduces Code of Criminal Procedure Article 389, which stipulates that in criminal cases where self-defense is asserted, the state must prove beyond a reasonable doubt that the defendant did not act in self-defense. It also requires defendants intending to claim self-defense to notify the district attorney in writing within ten days after the state has initiated discovery. Furthermore, it mandates that peace officers consider self-defense evidence when determining probable cause for arrests.