AB 544

Under current law, a district attorney has the discretion as to whether or not

to issue a complaint to charge a person with a crime. Current law also provides that,

if a district attorney refuses to issue a complaint against a person, a judge may

conduct a hearing to determine if there is probable cause to believe that the person

committed a crime and, if so, issue a complaint.

Under this bill, if the district attorney refused to issue the complaint because

the person has a defense of self-defense, the court may not conduct a hearing or issue

a complaint unless the court has new evidence that the person's actions were not

self-defense under the law.

Under current law, a person is privileged to threaten or intentionally use force

against an actor to prevent or terminate what the person reasonably believes to be

an unlawful interference with himself or herself or another person by the actor. The

person may intentionally use only force or threat as the person believes is necessary

to prevent or terminate the interference. Certain presumptions apply if the person

is in his or her house, business, or vehicle. In addition, if the person engaged in

unlawful conduct that was likely to provoke an attack and does provoke an attack,

the person generally loses the privilege of self-defense.