For amend and vote only, the House Judiciary Committee heard Rep. Lucas’ HB 1284 on self-defense and the defense of others, providing immunity for a justified use of force in certain instances and requiring a trial court to conduct a pretrial hearing concerning the application of the immunity when the defendant raises the justified use of force immunity as a defense. The bill further provides that if a justified use of force defense is raised, the burden shifts to the plaintiff to show a genuine issue of material fact. The court is required to order attorney fees for a successful defense of justified use of force.
The bill was amended by consent to create a rebuttal presumption that the use of force was justified if the defendant was not prosecuted for a crime related to the defendant’s use of force. In a summary judgment proceeding, the fact that a defendant was not prosecuted for a crime related to the use of force creates a prima facie basis for the application of immunity under this section. The amended bill passed 8-2
Read the bill at http://www.iga.in.gov/legislative/2019/bills/house/1284