Establishes a hearing to determine immunity from criminal or civil liability for using reasonable force in self-defense.
This bill provides for a hearing to determine immunity from criminal or civil liability following the use of reasonable force in defense of oneself, others, or property. If a defendant in a criminal action files a motion asserting immunity at least 45 days before trial, the court must conduct a pretrial hearing. If the defendant establishes a prima facie claim of immunity, the state must prove by clear and convincing evidence that the defendant is not immune. If the state fails to overcome the claim, the case is dismissed with prejudice.
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