Read the full stored bill text
As Introduced
136th
General Assembly
Regular
Session
H. B. No. 108
2025-2026
Representative Williams
A
BILL
To
amend section 2901.05 of the Revised Code
to
enact the Self-Defense Protection Act to create a pretrial procedure
for a person asserting self-defense, defense of another, or defense
of that person's property.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
section 2901.05 of the Revised Code be amended to read as follows:
Sec.
2901.05.
(A)
Every person accused of an offense is presumed innocent until proven
guilty beyond a reasonable doubt, and the burden of proof for all
elements of the offense is upon the prosecution. The burden of going
forward with the evidence of an affirmative defense, and the burden
of proof, by a preponderance of the evidence, for an affirmative
defense other than self-defense, defense of another, or defense of
the accused's residence presented as described in division (B)(1) of
this section, is upon the accused.
(B)(1)
A person is allowed to act in self-defense, defense of another, or
defense of that person's residence.
(a)
A person who is accused of an offense that involved the person's use
of self-defense, defense of another, or defense of that person's
residence may file a pretrial motion asserting that the accused
person acted in self-defense, defense of another, or defense of that
person's residence and requesting that the court establish a
rebuttable presumption that the accused person acted in self-defense,
defense of another, or defense of that person's residence.
(b)
If the accused person described in division (B)(1)(a) of this section
files a pretrial motion, the court shall hold a pretrial hearing. If,
at the pretrial hearing of the person who is accused of an offense
that involved the person's use of force against another, there is
evidence presented that tends to support by a preponderance of the
evidence that the accused person used the force in self-defense,
defense of another, or defense of that person's residence, the court
shall grant the pretrial motion.
(c)
If the court grants the pretrial motion, at the trial of the accused
person there is a rebuttable presumption that the accused person
acted in self-defense, defense of another, or defense of that
person's residence. The prosecution has the burden to rebut this
presumption by proving beyond a reasonable doubt that the accused
person did not use the force in self-defense, defense of another, or
defense of that person's residence, as the case may be.
(d)
If a person who is accused of an offense that involved the person's
use of self-defense, defense of another, or defense of that person's
residence does not file a pretrial motion described in division
(B)(1)(a) of this section, or the person files a pretrial motion
described in division (B)(1)(a) of this section, but the court denies
the pretrial motion, at the trial of the accused person there is no
rebuttable presumption that the accused person acted in self-defense,
defense of another, or defense of that person's residence. However,
at the trial of the accused person, the person is not precluded from
asserting that the accused person acted in self-defense, defense of
another, or defense of that person's residence.
(e)
If
the accused person described in division (B)(1)(d) of this section
asserts that the accused person acted in self-defense, defense of
another, or defense of that person's residence
,
and
if
at
the trial of a person who is accused of an offense that involved the
person's use of force against another, there is evidence presented
that tends to support
by
a preponderance of the evidence
that
the accused person used the force in self-defense, defense of
another, or defense of that person's residence, the prosecution must
prove beyond a reasonable doubt that the accused person did not use
the force in self-defense, defense of another, or defense of that
person's residence, as the case may be.
(2)
Subject to division (B)(3) of this section, a person is presumed to
have acted in self-defense or defense of another when using defensive
force that is intended or likely to cause death or great bodily harm
to another if the person against whom the defensive force is used is
in the process of unlawfully and without privilege to do so entering,
or has unlawfully and without privilege to do so entered, the
residence or vehicle occupied by the person using the defensive
force.
(3)
The presumption set forth in division (B)(2) of this section does not
apply if either of the following is true:
(a)
The person against whom the defensive force is used has a right to be
in, or is a lawful resident of, the residence or vehicle.
(b)
The person who uses the defensive force uses it while in a residence
or vehicle and the person is unlawfully, and without privilege to be,
in that residence or vehicle.
(4)
The presumption set forth in division (B)(2) of this section is a
rebuttable presumption and may be rebutted by a preponderance of the
evidence, provided that the prosecution's burden of proof remains
proof beyond a reasonable doubt as described in divisions (A) and
(B)(1) of this section.
(C)
As part of its charge to the jury in a criminal case, the court shall
read the definitions of "reasonable doubt" and "proof
beyond a reasonable doubt," contained in division (E) of this
section.
(D)
As used in this section:
(1)
An "affirmative defense" is either of the following:
(a)
A defense expressly designated as affirmative;
(b)
A defense involving an excuse or justification peculiarly within the
knowledge of the accused, on which the accused can fairly be required
to adduce supporting evidence.
(2)
"Dwelling" means a building or conveyance of any kind that
has a roof over it and that is designed to be occupied by people
lodging in the building or conveyance at night, regardless of whether
the building or conveyance is temporary or permanent or is mobile or
immobile. As used in this division, a building or conveyance
includes, but is not limited to, an attached porch, and a building or
conveyance with a roof over it includes, but is not limited to, a
tent.
(3)
"Residence" means a dwelling in which a person resides
either temporarily or permanently or is visiting as a guest.
(4)
"Vehicle" means a conveyance of any kind, whether or not
motorized, that is designed to transport people or property.
(E)
"Reasonable doubt" is present when the jurors, after they
have carefully considered and compared all the evidence, cannot say
they are firmly convinced of the truth of the charge. It is a doubt
based on reason and common sense. Reasonable doubt is not mere
possible doubt, because everything relating to human affairs or
depending on moral evidence is open to some possible or imaginary
doubt. "Proof beyond a reasonable doubt" is proof of such
character that an ordinary person would be willing to rely and act
upon it in the most important of the person's own affairs.
Section
2.
That
existing section 2901.05 of the Revised Code is hereby repealed.
Section
3.
This
act shall be known as the Self-Defense Protection Act.