OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 233 Bill Analysis
135th General Assembly
Click here for H.B. 233’s Fiscal Note
Version: As Introduced
Primary Sponsors: Reps. Williams and Hillyer
Effective date:
Sarah A. Maki, Attorney
SUMMARY
Allows a person to file a pretrial motion asserting that the person acted in self-defense
and requesting that the court establish a rebuttable presumption that the person acted
in self-defense.
Requires the court to hold a pretrial hearing if a person files a pretrial motion asserting
the person acted in self-defense.
Require that, if the person presents evidence that tends to support by a preponderance
of the evidence that the person in acted self-defense, the court must grant the pretrial
motion.
Requires that, if the court grants the pretrial motion, at the trial of the person there is a
rebuttable presumption that the accused person acted in self-defense.
Allows the prosecution to rebut this presumption by proving beyond a reasonable doubt
that the person did not use the force in self-defense.
Provides that, if the person did not file a pretrial motion or if the pretrial motion was
denied, the person is not precluded for asserting self-defense at the person’s trial.
Provides that, if a person described in the above dot point asserts self-defense at trial,
the person must present evidence that tends to support by a preponderance of the
evidence that the person used force in self-defense.
Names the act the Self-Defense Protection Act.
November 9, 2023
Office of Research and Drafting LSC Legislative Budget Office
DETAILED ANALYSIS
Self-defense
A person is allowed to act in self-defense, defense of another, or defense of that
person’s residence.1
Pretrial procedure
The bill allows a person who is accused of an offense that involved the person’s use of
self-defense, defense of another, or defense of that person’s residence to file a pretrial motion
asserting that the accused person acted in self-defense, defense of another, or defense of that
person’s residence and requesting that the court establish a rebuttable presumption that the
accused person acted in self-defense, defense of another, or defense of that person’s
residence.2
If an accused person files a pretrial motion, the bill requires the court to hold a pretrial
hearing. If, at the pretrial hearing of the person who is accused of an offense that involved the
person’s use of force against another, there is evidence presented that tends to support by a
preponderance of the evidence that the accused person used the force in self-defense, defense
of another, or defense of that person’s residence, the court must grant the pretrial motion.3
Trial procedure
If the court grants the pretrial motion, the bill requires that at the trial of the accused
person there is a rebuttable presumption that the accused person acted in self-defense,
defense of another, or defense of that person’s residence. The prosecution has the burden to
rebut this presumption by proving beyond a reasonable doubt that the accused person did not
use the force in self-defense, defense of another, or defense of that person’s residence.4
If a person who is accused of an offense that involved the person’s use of self-defense,
defense of another, or defense of that person’s residence does not file a pretrial motion, or the
accused person files a pretrial motion, but the court denies the pretrial motion, the bill provides
that at the trial of the accused person there is no rebuttable presumption that the accused
person acted in self-defense, defense of another, or defense of that person’s residence.
However, at the trial of the accused person, the person is not precluded from asserting that the
accused person acted in self-defense, defense of another, or defense of that person’s
residence.5
1 R.C. 2901.05(B)(1).
2 R.C. 2901.05(B)(1)(a).
3 R.C. 2901.05(B)(1)(b).
4 R.C. 2901.05(B)(1)(c).
5 R.C. 2901.05(B)(1)(d).
P a g e |2 H.B. 233
As Introduced
Office of Research and Drafting LSC Legislative Budget Office
If an accused person described in the above paragraph asserts that the person acted in
self-defense, defense of another, or defense of that person’s residence, and if at the trial of a
person who is accused of an offense that involved the person’s use of force against another,
there is evidence presented that tends to support by a preponderance of the evidence that the
accused person used the force in self-defense, defense of another, or defense of that person’s
residence, the prosecution must prove beyond a reasonable doubt that the accused person did
not use the force in self-defense, defense of another, or defense of that person’s residence. The
bill modifies current law by adding a burden of proof for the accused “by a preponderance of
the evidence.”6
Definitions
The bill uses the following continuing law definitions:7
“Reasonable doubt” is present when the jurors, after they have carefully considered
and compared all the evidence, cannot say they are firmly convinced of the truth of the
charge. It is a doubt based on reason and common sense. Reasonable doubt is not mere
possible doubt, because everything relating to human affairs or depending on moral
evidence is open to some possible or imaginary doubt.
“Proof beyond a reasonable doubt” is proof of such character that an ordinary person
would be willing to rely and act upon it in the most important of the person’s own
affairs.
Self-Defense Protection Act
The bill names the act the Self-Defense Protection Act.8
HISTORY
Action Date
Introduced 06-29-23
ANHB0233IN-135/ks
6 R.C. 2901.05(B)(1)(e).
7 R.C. 2901.05(E).
8 Section 3.
P a g e |3 H.B. 233
As Introduced
Statutes affected: As Introduced: 2901.05