Amends TCA Title 8, Chapter 7 and Title 39.
Under this bill, when a person is charged with a criminal homicide offense and is found not guilty due to the justification of self-defense, upon the defendant's motion, the state will be required to reimburse the defendant for all reasonable costs incurred in defense, including loss of wages, reasonable attorney's fees, and other expenses involved in the defense. Upon such motion, the court will be required to determine, or order the jury to determine, whether the defendant's claim that the homicide was justified by self-defense was sustained by a preponderance of the evidence. If the trier of fact determines that the homicide was justified, the court will be required to determine the amount of reimbursement to award. Notwithstanding a finding that a defendant's actions were justified as self-defense, if the trier of fact also determines that the defendant was engaged in criminal conduct that was substantially related to the events giving rise to the criminal homicide charges filed against the defendant, the court will be authorized to deny reimbursement. If a homicide is determined by the trier of fact to be justified by self-defense, this bill authorizes the defendant to present evidence that the defendant was injured by malicious prosecution. The court will be required to determine whether the prosecution engaged in malicious prosecution and, if so, order the state or prosecuting attorney, in their individual capacity, to pay the defendant compensation for any damages incurred as a result of the malicious prosecution. The full text of this bill specifies six elements that a defendant must establish in order to support a claim of malicious prosecution. This bill requires any court that determines that a malicious prosecution was established pursuant to this bill to immediately report the determination to the board of professional responsibility.
Under this bill, when a person is charged with a criminal homicide offense and is found not guilty due to the justification of self-defense, upon the defendant's motion, the state will be required to reimburse the defendant for all reasonable costs incurred in defense, including loss of wages, reasonable attorney's fees, and other expenses involved in the defense. Upon such motion, the court will be required to determine, or order the jury to determine, whether the defendant's claim that the homicide was justified by self-defense was sustained by a preponderance of the evidence. If the trier of fact determines that the homicide was justified, the court will be required to determine the amount of reimbursement to award. Notwithstanding a finding that a defendant's actions were justified as self-defense, if the trier of fact also determines that the defendant was engaged in criminal conduct that was substantially related to the events giving rise to the criminal homicide charges filed against the defendant, the court will be authorized to deny reimbursement. If a homicide is determined by the trier of fact to be justified by self-defense, this bill authorizes the defendant to present evidence that the defendant was injured by malicious prosecution. The court will be required to determine whether the prosecution engaged in malicious prosecution and, if so, order the state or prosecuting attorney, in their individual capacity, to pay the defendant compensation for any damages incurred as a result of the malicious prosecution. The full text of this bill specifies six elements that a defendant must establish in order to support a claim of malicious prosecution. This bill requires any court that determines that a malicious prosecution was established pursuant to this bill to immediately report the determination to the board of professional responsibility.
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