The 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. It allows accused persons to file a pretrial motion to establish a rebuttable presumption that they acted in self-defense if they present evidence supporting their claim. If the court grants this motion, the prosecution must then prove beyond a reasonable doubt that the accused did not act in self-defense during the trial. Conversely, if the accused does not file the motion or if the motion is denied, there will be no presumption of self-defense at trial, although the accused can still assert this defense.

The bill also clarifies the conditions under which a person is presumed to have acted in self-defense, particularly when using force that could cause death or great bodily harm. It specifies 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. Additionally, the bill includes definitions for terms such as "affirmative defense," "dwelling," "residence," and "vehicle," and it 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