Relating to immunity from criminal or civil liability in cases involving the justifiable use of reasonable force

The inclusion of this explanation does not constitute agreement with the explanation’s substance by the members of the general assembly. This bill relates to immunity from criminal or civil liability in cases involving the justifiable use of reasonable force. Under current law, a person who is justified in using reasonable force against an aggressor in defense of the person’s self, another person, or property is immune from criminal or civil liability for all damages incurred. The bill provides that there shall be a presumption that the person reasonably believed that such use of force was necessary to defend the person, another person, or property from what the person reasonably believed to be the use of or imminent use of unlawful force by another person. A law enforcement agency may investigate the use or threatened use of force, but the law enforcement agency shall not arrest the person for using or threatening to use force unless law enforcement determines that there is probable cause to believe that the force that was used or was threatened to be used was unlawful. The bill provides that in a criminal prosecution or civil action, once a justified use of force immunity has been raised by a person at a pretrial immunity hearing, the burden of proof, to be carried by clear and convincing evidence, is on the party seeking to overcome the immunity. The court shall hold a pretrial immunity hearing within 14 days of the person filing a motion to dismiss on the grounds of immunity. The bill provides that a probable cause determination by the court that the person committed the crime and that the person should stand trial for the criminal offense must include a determination that the person’s use of force was not justified.