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

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 days before trial. The court shall conduct a pretrial hearing to determine whether the defendant is immune. _____ 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.