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
Topics:Courts & civil lawCrime & corrections
Same legislation: HF 945
Where it is now
- Done: IntroducedFebruary 19, 2025
- Done: SubcommitteeFebruary 19, 2025
- Done: House committeeMarch 6, 2025
- Skipped: Passes the HouseContinued as HF 945
- Next: Senate committee
- Next: Passes the Senate
- Next: To the Governor
- Next: Signed into law
Became HF 945 → Its progress continues under the new number. Go to HF 945 What’s a funnel?
What’s in it
AI summary People who use reasonable force to protect themselves, others, or their property would follow new rules to claim they cannot be sued or charged with a crime. In criminal cases, a defendant can ask for a special hearing before the trial to prove they are immune from punishment. If the court agrees they are immune, the 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 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.
Changed since by amendment H-1123; see Amendments.
House subcommittee
Named February 19, 2025. On February 26, 2025 it recommended passage.
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