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 by a preponderance of the evidence during a pretrial hearing, it will grant the motion, creating a rebuttable presumption of self-defense at 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 the presumption of self-defense applies, particularly in cases involving defensive force against unlawful entry into a residence or vehicle. It clarifies that if the accused does not file a pretrial 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 includes definitions for key terms such as "affirmative defense," "dwelling," "residence," and "vehicle," and emphasizes the importance of the jury's understanding of "reasonable doubt" in criminal cases.

Statutes affected:
As Introduced: 2901.05