Amends TCA Title 39.

JUSTIFIABLE FORCE AND EXCEPTIONS This bill establishes that a person who uses force as permitted by state law relative to self-defense, use of a device to protect property, use of deadly force by a law enforcement officer, use of deadly force by a private citizen, defenses to use of weapons, or any other applicable common law or statutory provisions addressing the justifiable use of force, is immune from criminal prosecution for the use of such force, unless the following occur: (1) 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 (2) 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. For purposes of this bill, a "defendant" (i) means a person who uses or threatens to use force and asserts that the force used or threatened was justified and (ii) includes any other person charged with, acting in concert with, or having criminal responsibility for a person who uses or threatens to use force. RAISING A JUSTIFICATION FOR THE USE OF FORCE This bill authorizes a defendant to raise a justified use of force claim by submitting a written statement in a letter from the defendant or the defendant's attorney. The letter must be addressed to one or more of the investigating law enforcement officers, the district attorney for the jurisdiction, or, if criminal charges have been filed, to the clerk for a court in which charges have been filed. The defendant is not required to include any declaration or statement other than a statement that the defendant asserts that the use of force was justified. When a defendant or a defendant's agent 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, this bill requires (i) the appropriate law enforcement agency to conduct a full investigation of the potential defense of justification; (ii) all evidence of the investigation to be preserved; and (iii) at the conclusion of the investigation, the investigating officer to generate a discoverable report of evidence relevant to the justification claim. PROBABLE CAUSE FOR JUSTIFIED FORCE This bill prohibits the law enforcement agency from charging or arresting the person for an offense based on the use of force, including a charge of being an accessory, unless the law enforcement agency, at the time of such charge or arrest, has determined that there is probable cause to believe that the force used was unlawful and that 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 requirements of this bill and that based on the officer's investigation there is not probable cause to believe that the defendant's use of force was justified. This bill prohibits a prosecutor from commencing or continuing 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. ARREST WARRANTS This bill requires the district attorney general to make the evaluations required under the heading "Probable Cause for Justified Force" before proceeding with the prosecution if a law enforcement agency obtains an arrest warrant prior to consulting with the district attorney general. This bill requires the district attorney general to make the evaluations required under the heading "Probable Cause for Justified Force" before the affidavit of complaint is submitted and the affidavit of complaint must comply with requirements under the heading "Probable Cause for Justified Force," if a law enforcement agency consults with the district attorney general before seeking an arrest warrant. This bill requires that 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 (i) make the evaluations required under the heading "Probable Cause for Justified Force: before presenting the matter to the grand jury; (ii) advise the grand jury that a claim of justification has been or may be raised; (iii) 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; and (iv) advise the grand jury that it is entitled to ask for any additional evidence or testimony that it may desire on the case under consideration. JUSTIFIED USE OF FORCE HEARINGS This bill authorizes the defendant to make a motion for a justified use of force hearing before commencement of a trial. Upon the defendant's motion, the trial court must conduct a hearing to determine whether the force used by the defendant was justified under applicable law. The defendant must file a motion under this provision no less than 90 days prior to trial. This bill requires the court to expedite the hearing and issue a decision within 30 days of hearing the motion if the defendant moves for a justified use of force hearing, or upon the court's own motion. The defendant is entitled to at least one hearing following the conclusion of discovery. This bill establishes that 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 prohibits using the defendant's testimony for any reason other than the consideration of the hearing or for impeachment at trial should the defendant testify at trial. 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 shifts to the state to demonstrate by clear and convincing evidence that the use of force or threatened use of force was not justified. This bill requires the court to enter an order dismissing the criminal charges as to which the justification was claimed, if the court concludes that the prosecutor has failed to prove by clear and convincing evidence that the use of force or threatened use of force was not justified. This bill does not preclude the defendant, if the court does not rule in favor of the defendant following a justified use of force hearing, from asserting at any other point in the case that the use of force or threatened 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. This bill prohibits the prosecution from presenting evidence at trial that was not presented in a use of force hearing if such hearing was held. If the court does not dismiss the charges following a justified use of force hearing and the state subsequently obtains testimony or other evidence relevant to negating the claim that the use of force or threatened use of force was justified, then the state may move the court for relief by showing to the court by sworn testimony that: (A) The specifics of the proposed testimony or evidence that is the subject of the motion; (B) The proposed testimony or evidence was unknown to the state, including any investigating officers, at the time of the use of force hearing; (C) The proposed testimony or evidence is not duplicative of other testimony or evidence that was known to the state at the time of the use of force hearing; (D) The proposed testimony or evidence is relevant and admissible evidence; and (E) That there is otherwise good cause for the court to grant relief in favor of the state. If the court finds by clear and convincing evidence that a waiver is justified in order to allow such additional evidence or testimony, then the court must set forth in its order its factual findings on the issue of good cause and must specifically state the details of the testimony or evidence that is to be allowed pursuant to the waiver. If the court grants a waiver under this provision, then the court must also grant to the defendant a continuance in the trial date and any pretrial deadlines, which continuance must be not less than 120 additional days. If the state makes a motion for waiver after the trial has commenced and the court grants the waiver or any portion of it, then the court must also immediately declare a mistrial at the request of the defendant. CIVIL ACTION FOR COURT COSTS This bill authorizes the defendant to file a civil action in the county in which the criminal charges were brought against the district attorney and the county seeking an award of attorney's fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in the defense of the criminal prosecution, if the court dismisses the criminal prosecution relative to the use of force charges and such dismissal becomes final or if the defendant is acquitted of the use of force charges following a trial or appeal. In the civil action, the court must award such fees and other elements of damage if it finds that the use of force charges in the criminal case were dismissed by the criminal court based on a hearing for justified use of force or that the defendant was acquitted of the use of force charges at trial or on appeal. Any such civil award must be paid by the county in which the charges were initially filed. LAW ENFORCEMENT OFFICER JUSTIFICATION TO USE OF FORCE This bill authorizes a law enforcement officer who uses or threatens to use force to raise any defense of justification under this bill. USE OF WEAPON AS DEFENSE Present law prohibits a person being charged with or convicted of a violation under state law relative to weapons 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. This bill clarifies that a person who has been charged with a violation under state law relative to weapons is entitled to any relief available under the provisions of this bill.