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SB188 INTRODUCED
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SB188
CX322QJ-1
By Senator Weaver
RFD: Judiciary
First Read: 21-Jan-26
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CX322QJ-1 01/21/2026 CMH (L)CMH 2026-204
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First Read: 21-Jan-26
SYNOPSIS:
Under existing law, an individual is justified
in using physical force upon another in order to defend
himself or herself or a third party from what the
acting individual reasonably believes to be the use or
imminent use of unlawful physical force by another.
Existing law also provides specified circumstances
where an individual may use deadly physical force
against another.
Prior to the commencement of a trial against a
defendant in which the defendant claims his or her use
of force is justified, the defendant must show by a
preponderance of the evidence that his or her use of
force was justified.
This bill would provide that in such a
proceeding, if the defendant concealed, altered,
destroyed, or otherwise disposed of a weapon used in
the commission of physical force or deadly physical
force, other than voluntarily providing the weapon to
law enforcement, there is a presumption that the
defendant's use of force was not justified.
A BILL
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A BILL
TO BE ENTITLED
AN ACT
Relating to criminal law; to amend Section 13A-3-23,
Code of Alabama 1975, to further provide for the justification
of using physical force in defense of self or an individual;
to establish a presumption that the use of force in defense of
self or another is not justified when a defendant engages in
certain conduct.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 13A-3-23, Code of Alabama 1975, is
amended to read as follows:
"§13A-3-23
(a) A person is justified in using physical force upon
another person in order to when both of the following are
satisfied:
(1) The person's use of force is to defend himself or
herself or a third person from what he or she reasonably
believes to be the use or imminent use of unlawful physical
force by another that other person, and he or she may use .
(2) The person uses a degree of force which he or she
reasonably believes to be necessary for the purpose.
(b)(1) A person may use deadly physical force, and is
legally presumed to be justified in using deadly physical
force in self-defense or the defense of another person
pursuant to this subdivision (5), if the person reasonably
believes that another person is doing any of the following :
(1)a. Using or about to use unlawful deadly physical
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(1)a. Using or about to use unlawful deadly physical
force.
(2)b. Using or about to use physical force against an
occupant of a dwelling while committing or attempting to
commit a burglary of such dwelling.
(3)c. Committing or about to commit a kidnapping in any
degree, assault in the first or second degree, burglary in any
degree, robbery in any degree, forcible rape, or forcible
sodomy.
(4)d. Using or about to use physical force against an
owner, employee, or other person authorized to be on business
property when the business is closed to the public while
committing or attempting to commit a crime involving death,
serious physical injury, robbery, kidnapping, rape, sodomy, or
a crime of a sexual nature involving a child under the age of
12 years of age .
(5)e. In the process of unlawfully and forcefully
entering, or has unlawfully and forcefully entered, a
dwelling, residence, business property, or occupied vehicle,
or federally licensed nuclear power facility, or is in the
process of sabotaging or attempting to sabotage a federally
licensed nuclear power facility, or is attempting to remove,
or has forcefully removed, a person against his or her will
from any dwelling, residence, business property, or occupied
vehicle when the person has a legal right to be there, and
provided that the person using the deadly physical force knows
or has reason to believe that an unlawful and forcible entry
or unlawful and forcible act is occurring.
(2) The legal presumption that a person using deadly
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(2) The legal presumption that a person using deadly
physical force is justified to do so pursuant to this
subdivision does not apply if any of the following apply :
a. The person against whom the defensive force is used
has the right to be in or is a lawful resident of the
dwelling, residence, or vehicle, such as an owner or lessee,
and there is not an injunction for protection from domestic
violence or a written pretrial supervision order of no contact
against that person;
b. The person sought to be removed is a child or
grandchild, or is otherwise in the lawful custody or under the
lawful guardianship of, the person against whom the defensive
force is used;
c. The person who uses defensive force is engaged in an
unlawful activity or is using the dwelling, residence, or
occupied vehicle to further an unlawful activity; or
d. The person against whom the defensive force is used
is a law enforcement officer acting in the performance of his
or her official duties.
(b)(c) A person who is otherwise justified under
subsection (a) this section in using physical force, including
deadly physical force, and who is not engaged in an unlawful
activity , and who is in any place where he or she has the
right to be has no duty to retreat and has the right to stand
his or her ground.
(c)(d) Notwithstanding the provisions of subsection (a)
or (b) , a person is not justified in using physical force if
any of the following apply :
(1) With intent to cause physical injury or death to
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(1) With intent to cause physical injury or death to
another person , he or she provoked the use of unlawful
physical force by such the other person.
(2) He or she was the initial aggressor, except that
his or her use of physical force upon another person under the
circumstances is justifiable if he or she withdraws from the
encounter and effectively communicates to the other person his
or her intent to do so, but the latter other person
nevertheless continues or threatens the use of unlawful
physical force.
(3) The physical force involved was the product of a
combat by agreement not specifically authorized by law.
(e) At any time when a defense is claimed under this
section, if the defendant concealed, altered, destroyed, or
otherwise disposed of the deadly weapon or dangerous
instrument used in the commission of the alleged offense,
other than by voluntarily providing the unaltered deadly
weapon or dangerous instrument to law enforcement, there shall
be a rebuttable presumption that the defendant's use of
physical force, including deadly physical force, was not
justified.
(d)(f)(1) A person who uses force, including deadly
physical force, as justified and permitted in this section , is
immune from criminal prosecution and civil action for the use
of such force, unless the force was determined to be unlawful.
(2) Prior to the commencement of a trial in a case in
which a defense is claimed under this section, the court
having jurisdiction over the case, upon motion of the
defendant, shall conduct a pretrial hearing to determine
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defendant, shall conduct a pretrial hearing to determine
whether force, including deadly force, used by the defendant
was justified or whether it was unlawful under this section.
During any pretrial hearing to determine immunity, the
defendant must show by a preponderance of the evidence that he
or she is immune from criminal prosecution.
(3) If, after a pretrial hearing under subdivision (2),
the court concludes that the defendant has proven by a
preponderance of the evidence that force, including deadly
force, was justified, the court shall enter an order finding
the defendant immune from criminal prosecution and dismissing
the criminal charges.
(4) If the defendant does not meet his or her burden of
proving immunity at the pre-trial hearing, he or she may
continue to pursue the defense of self-defense or defense of
another person at trial. Once the issue of self-defense or
defense of another person has been raised by the defendant,
the state continues to bear the burden of proving beyond a
reasonable doubt all of the elements of the charged conduct.
(e)(g) A law enforcement agency may use standard
procedures for investigating the use of force described in
subsection (a) this section , but the agency may not arrest the
any person for using force unless it determines that there is
probable cause that the force used was unlawful."
Section 2. This act shall become effective on October
1, 2026.
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