HB488 Alabama 2016 Session

Under existing law, a person is justified in using physical force, including deadly force, in self-defense or in the defense of another person under certain conditions

This bill would provide that a person is not justified in using physical force if he or she initially pursued another person engaged in a lawful activity in a public place and the pursuit resulted in a confrontation and the use of force, including deadly force

This bill would also provide immunity to innocent bystanders who use force to protect themselves as a result of a confrontation between other persons

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

To amend Section 13A-3-23, Code of Alabama 1975, to provide that a person is not justified in using physical force if he or she pursued another person engaged in a lawful activity in a public place and the pursuit resulted in a confrontation and the use of force; to provide immunity to innocent bystanders; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.