Amends TCA Title 39.

This bill creates a process for pre-trial hearings in cases where a defendant has been charged with a criminal offense based on the use of force or threatened use of force and asserts that the force was justified by law. For purposes of this bill, "defendant" means a person who uses or threatens to use force against another and asserts that the force used or threatened was justified, and includes any other person charged with, acting in concert with, or having criminal responsibility for a person who uses or threatens to use force. Under this bill: (1) A person who uses force as permitted under any statutory or common law, including the present law statutes governing self-defense, defense of a third person, protection of life or health, protection of property, protection of a third person's property, use of a device to protect property, use of deadly force by a private citizen, justification for use of force, will be immune from criminal prosecution for the use of such force, unless: (A) The person against whom force was used is a law enforcement officer acting in the scope of the officer's official duties and the person using force knew or reasonably should have known that the person was a law enforcement officer; or (B) The force used by the person resulted in the death or injury of an innocent bystander or other person against whom the force was not justified, in which case the immunity does not apply to a criminal prosecution related to the death or injury of the innocent bystander or other person against whom force was not justified; (2) A defendant may raise a justified use of force claim by submitting a written statement in a letter from the defendant or a person acting on behalf of the defendant. The letter must be addressed to one or more of the investigating law enforcement officers, the district attorney for the jurisdiction, or the clerk for a court in which charges have been filed. The defendant does not have to include any declaration or statement other than a statement that the defendant asserts that the use of force was justified; (3) When a defendant raises a justification for the use of force or evidence of justification or self-defense is brought to the attention of or observed by law enforcement: (A) The appropriate law enforcement agency must conduct a full investigation of the potential defense of justification; (B) All evidence of the investigation must be preserved; (C) At the conclusion of the investigation, the investigating officer shall generate a discoverable report of evidence relevant to the justification claim; and (D) The law enforcement agency may not charge or arrest the person for an offense based on the use of force unless the law enforcement agency has determined that there is probable cause to believe that the force used was unlawful and there is not probable cause to believe that the use of force was justified. If a law enforcement officer seeks to charge or arrest the person for an offense based on the use of force, then the officer must include as an affirmative element of the charging affidavit that the officer has complied with the above requirements and that based on the officer's investigation there is not probable cause to believe that the defendant’s use of force was justified; (4) A prosecutor may not commence a criminal prosecution for a criminal offense based on an alleged unlawful use of force, including a charge of being an accessory, before determining whether there is probable cause to believe that the use of force was unlawful and whether there is probable cause to believe that, based on a consideration of all the facts and available testimony, the state can prevail in negating any defense of justification at trial; (5) If a law enforcement agency obtains an arrest warrant prior to consulting with the district attorney general, the district attorney general must make the evaluations required by item (4) above before proceeding with the prosecution. If a law enforcement agency consults with the district attorney general before seeking an arrest warrant, the district attorney general must make the evaluations required by item (4) before the affidavit of complaint is submitted and the affidavit of complaint must comply with item (3)(D). In any instance in which a grand jury indictment is sought on a matter involving the alleged unlawful use of force, including a charge of being an accessory, the entity or individual presenting the matter to the grand jury must: (A) Make the evaluations required by item (4) before presenting the matter to the grand jury; (B) Advise the grand jury that a claim of justification has been or may be raised; and (C) Present to the grand jury for its consideration any evidence or testimony that is at that time available to the entity or individual on the issue of justification; (6) Prior to the commencement of a trial, the defendant may make a motion for a justified use of force hearing. Upon the defendant's motion, the trial court will conduct a hearing to determine whether the force used by the defendant was justified under applicable law. The defendant must file the motion no less than 90 days prior to trial. If the defendant moves for a justified use of force hearing or upon the court's own motion, the court must expedite the hearing and issue a decision within 40 days of the motion. Either party may request additional time beyond the 40-day period to prepare, in which case the court must order that the hearing be reset on the first docket following the time period granted for the continuance. The defendant will be entitled to at least one hearing after being charged and at least one hearing following the conclusion of discovery. The sole issue at the justified use of force hearing is whether the defendant used force or threatened the use of force in a manner that is justified by applicable law and is immune from criminal prosecution under this bill. This bill sets out in detail other procedural requirements for the hearing; (7) Once the defendant establishes a prima facie case that the use of force or threatened use of force was justified under applicable law, the burden of proof will shift to the state to demonstrate by clear and convincing evidence that the use of force or threatened use of force was not justified. If, after a justified use of force hearing, the court concludes that the defendant has raised a prima facie case that the defendant's use of force was justified and that the prosecutor has failed to prove by clear and convincing evidence that the force was not justified, the court must enter an order finding the defendant immune from criminal prosecution and dismissing the criminal charge; (8) If the court does not rule in favor of the defendant following a justified use of force hearing, the defendant will not be precluded from asserting at any other point in the case that the use of force was justified. Once the issue of justification has been raised by the defendant, the state bears the burden of proof at trial to prove beyond a reasonable doubt all of the elements of the charged conduct and to negate the claim that the use of force was justified. The prosecution will not be allowed to present evidence at trial that was not presented in a use of force hearing if such hearings were held; and (9) If the court dismisses the criminal prosecution pursuant to the above provisions, then the court must award the defendant attorney's fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in the defense of the criminal prosecution. This bill also: (1) Adds to the statute governing use of deadly force by a law enforcement officer that a law enforcement officer who uses or threatens to use force pursuant to this provision may raise any defense of justification, pursuant to this bill; and (2) Extends the present law provision whereby a person will not be charged with or convicted of a violation under the weapons statutes if the person possessed, displayed or employed 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, so that the provision applies any weapon instead of just a firearm. This bill also removes the requirement that the possession, display, or employment of the weapon occur "during the commission of a crime in which that person or the other person defended was a victim, and adds that a person who has been charged with a violation under the weapons statutes is entitled to any available relief under this bill.