The proposed bill, known as the Self-Defense Protection Act, amends section 2901.05 of the Revised Code to establish a pretrial procedure for individuals asserting self-defense, defense of another, or defense of their property. Under the new provisions, a person accused of an offense involving the use of force may file a pretrial motion to assert that they acted in self-defense. If the court finds sufficient evidence supporting this claim during a pretrial hearing, it will grant the motion, creating a rebuttable presumption that the accused acted in self-defense during the trial. The prosecution will then bear the burden of proving beyond a reasonable doubt that the accused did not act in self-defense.

Additionally, the bill outlines specific conditions under which a person is presumed to have acted in self-defense when using defensive force that could cause death or great bodily harm. It clarifies that this presumption does not apply if the person against whom the force is used has a right to be in the residence or vehicle, or if the person using the force is unlawfully present in that location. The act also includes definitions for terms such as "affirmative defense," "dwelling," "residence," and "vehicle," and emphasizes the importance of the jury's understanding of "reasonable doubt" and "proof beyond a reasonable doubt" in criminal cases.

Statutes affected:
As Introduced: 2901.05