MONTGOMERY, Ala. – The House passed a bill Tuesday specifying that a defendant’s use of physical or deadly physical force is presumed unjustified as self-defense if they alter or hide their weapon after the incident.
House Bill 192 sponsored by Rep. David Faulkner, R-Mountain Brook, creates the presumption that actions other than voluntarily providing a weapon to investigating law enforcement mean the defendant’s use of force was not justified.
Alabama is a stand-your-ground state, meaning people have the right to use deadly force if they are doing so in self-defense or in the defense of a third party. Defendants have to show with a preponderance of the evidence that their use of force was justified in court.
“What we’re trying to avoid is there’s too many instances where people claim self-defense and they don’t have the weapon. They’ve gotten rid of the weapon,” Faulkner said during debate on the floor. “That’s what this is trying to address.”
Nothing changes if the person still has the weapon, Faulkner said.
The bill passed by a vote of 104-0 with no abstentions. It now moves to the House.
The House also carried over House Bill 100 Tuesday after Democrats pushed back on the floor. Sponsored by Rep. Bryan Brinyark, R-Berry, the bill would provide for the collection and use of biometric data by certain entities and establish the Alabama Background Check Service and Rap Back Program.
Rap back programs continuously monitor arrests records. This would use information from the FBI and Alabama Law Enforcement Agency.
Democrats objected to elements of the bill, saying that it could lead to employers overusing background checks and could make it harder for people to get jobs. They said it also blurs the line between personal and work life because employers could be notified if a current employee were to get arrested through the rap back program.
Speaker of the House Nathaniel Ledbetter, R-Rainsville, said the bill was carried over to give Brinyark a chance to answer other lawmakers’ questions and to work out concerns.
House Bill 100’s companion bill has already passed in the Senate.