(b) The following definitions are applicable to this amendment:
Church
(1). A bona fide duly constituted religious society or ecclesiastical body of any sect, order, or denomination, or any congregation thereof.Deadly physical force
(2). Force which, under the circumstances in which it is used, is readily capable of causing death or serious physical injury.Force
(3). Physical action or threat against another, including confinement.Premises
(4). The term includes any building, as defined in this section, and any real property.(d) A person who is justified under subsection (c) in using deadly physical force, who is not engaged in an unlawful activity, and is in any place where he or she has the right to be, has no duty to retreat and has the right to stand his or her ground.
(e) A person who uses force, including deadly physical force, as justified and permitted in this amendment is immune from criminal prosecution and civil action for the use of such force, unless the force was determined to be unlawful or in violation of Section 13A–3–21, Code of Alabama 1975.
(f)
(2) If, after a pretrial hearing under subdivision (1), the court concludes that the defendant has proved by a preponderance of the evidence that force, including deadly force, was justified, the court shall enter an order finding the defendant immune from criminal prosecution and dismissing the criminal charges.
(3) If the defendant does not meet his or her burden of proving immunity at the pretrial hearing, he or she may continue to pursue the defense of self-defense or defense of another person at trial. Once the issue of self-defense or defense of another person has been raised by the defendant, the state continues to bear the burden of proving beyond a reasonable doubt all of the elements of the charged conduct.
