Vote Smart's Synopsis:

Vote to pass a bill that amends criminal law to shift the burden of proof from the the defendant to the prosecution.

Highlights:

• Prohibits a person who uses defensive force pursuant to the provisions of this section, from being subject to criminal prosecution and civil action for the use of defensive force, unless the force is determined to be unlawful (Sec. 1).

• Authorizes a defendant, at the initial arraignment in the case where the defendant has been charged and is subject to criminal prosecution for the unlawful use of defensive force, to file a motion to dismiss the charges based on the claim, pursuant to the provisions of this section, that the defendant is not subject to criminal prosecution (Sec. 1).

• Requires the appeal hearing before the district court judge or associate district court judge to address whether the defensive force used by the defendant was unlawful or justified and permitted pursuant to the provisions of this section (Sec. 1).

• Requires the state, once a prima facie claim of justified self-defense has been raised by the defendant, to prove beyond reasonable doubt that the defensive force used was not justified and was thereby unlawful (Sec. 1).

Full Bill Text