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A bill filed in the Alabama House of Representatives last week would raise the standards of evidence required to overcome the state’s “stand your ground” provision.
HB408 by Rep. Ernie Yarbrough, R-Trinity, would create a “presumption of reasonableness” for individuals claiming the defense and raise the standard of evidence required to overcome the clause.
Under existing law, a person may use physical force, including deadly physical force, to defend himself, herself, or another person from what he or she “reasonably believes to be the use or imminent use of unlawful physical force, with exception.”
This bill would provide a “presumption of reasonableness … that the defendant believed the use of force was necessary to defend himself, herself, or another person from what he or she believed to be the use or imminent use of unlawful force by another person.”
The bill also shifts the burden of proof form the defendant to the state. Under current law, the defendant must show “by a preponderance of the evidence” that he or she is immune from prosecution.
The new language would require the state to prove by “clear and convincing evidence” that the defendant is not immune from prosecution.
The evidence would still be presented in a pretrial hearing before a judge, who would ultimately decide whether the state me that burden of evidence.
While the main thrust of the bill is strengthening the immunity provision, one section of the bill creates a new exemption from the “stand your ground” clause.
The bill carves out an exception if the person against whom force was used is a law enforcement officer “carrying out his or her official duties (who) identified himself or herself in accordance with applicable laws” or if the individual “knew or reasonably should have known the individual against whom force was used or threatened was a law enforcement officer carrying out his or her official duties.”
Some other states including Arizona, Arkansas, California, Florida, Kansas, Kentucky, Louisiana, Mississippi, North Carolina, North Dakota, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Wisconsin, and Wyoming have added a “presumption of reasonableness” to their statutes according to the National Council of State Legislatures. States including Ohio and Florida have recently shifted the burden of proof to the prosecution.
APR contacted Yarbrough’s office for comment but did not receive a response. The mailbox was full.
