Amends TCA Title 39, Chapter 11, Part 6 and Title 39, Chapter 17, Part 13.

Under present law, a person who uses force in self-defense, defense of a third person, defense of life or health, defense of property, or to prevent certain criminal offenses is justified in using such force and is immune from civil liability for the use of such force, unless:<br /> <br /> (1) The person against whom force was used is a law enforcement officer who:<br /> <br /> (A) Was acting in the performance of the officer's official duties; and<br /> (B) Identified the officer in accordance with any applicable law; or<br /> (C) The person using force knew or reasonably should have known that the person was a law enforcement officer; or<br /> <br /> (2) The force used by the person resulted in property damage to or the death or injury of an innocent bystander or other person against whom the force used was not justified.<br /> <br /> Present law requires a court to award reasonable attorney's fees, court costs, compensation for loss of income, and all expenses incurred by a person in defense of any civil action brought against the person based upon the person's use of force, if the court finds that the defendant was justified in using such force. Present law also prohibits the charging or conviction of a person for a weapons-related crime based on the person possessing, displaying, or employing a handgun in justifiable self-defense or in justifiable defense of another during the commission of a crime in which that person or the other person defended was a victim.<br /> <br /> This bill changes present law by declaring a person immune from criminal prosecution for the justified use of force or threat to use force. Under this bill, "criminal prosecution" includes an arrest, detention, charge, indictment, prosecution, or other adverse legal action. A law enforcement agency may investigate the use or threatened use of force, but may not charge, indict, or arrest the person for using or threatening to use force unless the agency determines that there is clear and convincing evidence, beyond a determination of mere probable cause, that the force used or threatened was unlawful. This bill also prohibits any court from issuing an arrest warrant, citation, or summons for a person who used or threatened to use force unless it affirmatively finds by clear and convincing evidence, beyond a determination of probable cause, that the force used or threatened was unlawful.<br /> <br /> This bill modifies the circumstances, as described in (1) and (2), under which civil and criminal immunity will not apply to a use of force. Under this bill, civil and criminal immunity will not apply if the person against whom force was used is a law enforcement officer who:<br /> <br /> (A) Was acting in the performance of the officer's official duties and identified himself or herself as a law enforcement officer; or<br /> (B) The person using force knew or reasonably should have known that the person was a law enforcement officer.<br /> <br /> This bill modifies the circumstances under which civil immunity applies in cases of justified use or threat to use force. Under this bill, if a suit is brought against a person who was justified in the use or threat to use force, the suit must be dismissed without prejudice for failure to state a claim unless the person against whom the claim has been made has been convicted of a crime involving the unlawful use of force that resulted from the same events as the civil action. This bill specifies that a suit may be brought against a person convicted of a crime involving the unlawful use of force and arising from the same incident as the civil action within one year of the date of the conviction for the use of unlawful force resulting from the same events.<br /> <br /> The full text of this bill specifies judicial findings that will support an award of fees and costs to a defendant who is sued or prosecuted in violation of this bill.<br /> <br />