Bills › 91st General Assembly
Providing for a hearing to determine immunity from criminal or civil liability following a use of reasonable force in defense of one’s self, others, or property
Sponsored by the House Judiciary Committee
Topics:Courts & civil lawCrime & corrections
Same legislation: HSB 213
Where it is now
- Done: IntroducedFebruary 19, 2025
- Done: SubcommitteeFebruary 19, 2025
- Done: House committeeMarch 6, 2025
- Done: Passes the HouseMarch 24, 202589–6
- Stopped: Senate committeeDied when the General Assembly ended
- Next: Passes the Senate
- Next: To the Governor
- Next: Signed into law
Died when the session ended The 2026 session adjourned on May 3, 2026, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?
What’s in it
AI summary People who use reasonable force to protect themselves, others, or property would have a new way to ask a judge for immunity from lawsuits or criminal charges. In criminal cases, a defendant can request a special hearing before the trial to prove they should be protected from punishment. If the judge decides the person is immune, the criminal case will be dismissed.1
Read the official explanation
This bill provides for a hearing to determine immunity from criminal or civil liability following a use of reasonable force in defense of one’s self, others, or property. Current law provides for immunity from criminal or civil liability for all damages caused by a person justified in using reasonable force in defense of the person, another person, or property. The bill provides that a defendant in a criminal action may file a motion asserting immunity not less than 45 days before trial. The court shall conduct a pretrial hearing to determine whether the defendant is immune. If the court finds that the defendant has established a prima facie claim of immunity, the state shall bear the burden of proof by clear and convincing evidence to overcome the claim of immunity. If the state overcomes the claim of immunity, the case will proceed to trial. If the state does not overcome the claim of immunity, the case shall be dismissed with prejudice. The bill provides that a defendant in a civil action may raise immunity as an affirmative defense.
Why it matters. People who use reasonable force to defend themselves, others, or property could request a pretrial hearing to determine if they are immune from criminal or civil liability. In criminal cases, if a defendant shows a basic claim of immunity, the state must prove otherwise by clear and convincing evidence to prevent the case from being dismissed. Individuals facing civil lawsuits for such actions can also use immunity as a defense.2
Changed since by amendment H-1123; see Amendments.
Senate subcommittee
Named March 27, 2025. It hasn’t reported yet.
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
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91st General Assembly