Amends TCA Title 39.

This bill creates provisions for a stay of proceeding and an immunity hearing in regard to a civil action against a person who uses justifiable force against another, as discussed below. PRESENT LAW Under present law, a person who uses force in self-defense, in defense of others, or property, or in prevention of a serious felony (referred to as "permitted force" in this summary) is justified in using such force and is immune from civil liability for the use of such force, unless: (1) The person against whom force was used is a law enforcement officer, who: (A) Was acting in the performance of the officer's official duties; and (B) Identified the officer in accordance with any applicable law; or (C) The person using force knew or reasonably should have known that the person was a law enforcement officer; or (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. The court will 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 permitted force. THIS BILL This bill creates a process, for the purposes of the above provisions, for defendants to assert civil immunity or request a stay of any civil proceedings related to the threat or use of force until related criminal proceedings have concluded. Under this bill, if a criminal investigation or criminal proceeding is conducted based upon the defendant's use or threatened use of force, a civil action that is based upon the defendant's use of, threatened use of, or results of force may not proceed until the final conclusion of the criminal investigation or criminal proceeding, if a stay of the proceedings is requested by the defendant. If the defendant requests a stay and the court determines that a relevant criminal investigation or criminal proceeding is ongoing, the court must grant a stay until the conclusion of the investigation or proceeding. This bill provides that if a plaintiff files a civil action against a defendant based upon the same facts or events that resulted in the threat or use of force, the defendant may assert in any responsive pleading or by motion in writing pursuant to the Rules of Civil Procedure that: (1) The defendant's use of force or threatened use of force was justified and permitted by existing law; (2) The defendant has immunity from the civil action pursuant to the above-described present law provisions; (3) Because of the defendant's immunity, the claim does not state a cause of action upon which relief can be granted; and (4) The defendant requests an immunity hearing (discussed below) to determine if the civil action should be dismissed for this reason. If an immunity hearing is requested, or ordered upon the court's own motion, the court must expedite the hearing, hear the matter, and issue a decision within 40 days of the hearing being requested or ordered. From the time the hearing is ordered, all aspects of and procedures relating to the civil action will be stayed. This bill requires that all applicable parties be given notice and authorizes such parties to appear and present evidence at the hearing. The sole issue at the hearing will be whether the defendant used force or threatened the use of force in a manner permitted by existing law and will therefore be immune from civil action. The burden of proof at the hearing will be on the defendant initially to present sufficient admissible evidence to fairly raise the issue of whether the use of force was justified under existing law. If the court finds that the permissible use of force has been fairly raised, a presumption of immunity will be created and the burden of proof will shift to the plaintiff to demonstrate that the civil action will not be barred. If the court determines by a preponderance of evidence that the defendant's use of force or threatened use of force was justified, this bill requires the court to dismiss the civil action with prejudice for failure to state a claim upon which relief can be granted and may issue other orders consistent with the defendant's immunity from civil liability. However, if the court determines that the defendant is not entitled to civil immunity, the action will remain stayed pursuant to this bill. Once the criminal investigation or criminal proceeding is concluded and the stay is lifted, the civil action may continue. The defendant will not be precluded from asserting at any other point in the civil action that the use of force was justified. This bill rewrites the present law provisions regarding attorney's fees, costs, and expenses to provide that if the court dismisses the civil action or otherwise determines that the defendant is entitled to civil immunity, the court must award the defendant attorney's fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of the civil action.