As Introduced
136th General Assembly
Regular Session H. B. No. 108
2025-2026
Representative Williams
A B I L L
To amend section 2901.05 of the Revised Code to
enact the Self-Defense Protection Act to create
a pretrial procedure for a person asserting
self-defense, defense of another, or defense of
that person's property.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2901.05 of the Revised Code be
amended to read as follows:
Sec. 2901.05. (A) Every person accused of an offense is
presumed innocent until proven guilty beyond a reasonable doubt,
and the burden of proof for all elements of the offense is upon
the prosecution. The burden of going forward with the evidence
of an affirmative defense, and the burden of proof, by a
preponderance of the evidence, for an affirmative defense other
than self-defense, defense of another, or defense of the
accused's residence presented as described in division (B)(1) of
this section, is upon the accused.
(B)(1) A person is allowed to act in self-defense, defense
of another, or defense of that person's residence.
(a) A person who is accused of an offense that involved
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As Introduced
the person's use of self-defense, defense of another, or defense
of that person's residence may file a pretrial motion asserting
that the accused person acted in self-defense, defense of
another, or defense of that person's residence and requesting
that the court establish a rebuttable presumption that the
accused person acted in self-defense, defense of another, or
defense of that person's residence.
(b) If the accused person described in division (B)(1)(a)
of this section files a pretrial motion, the court shall hold a
pretrial hearing. If, at the pretrial hearing of the person who
is accused of an offense that involved the person's use of force
against another, there is evidence presented that tends to
support by a preponderance of the evidence that the accused
person used the force in self-defense, defense of another, or
defense of that person's residence, the court shall grant the
pretrial motion.
(c) If the court grants the pretrial motion, at the trial
of the accused person there is a rebuttable presumption that the
accused person acted in self-defense, defense of another, or
defense of that person's residence. The prosecution has the
burden to rebut this presumption by proving beyond a reasonable
doubt that the accused person did not use the force in self-
defense, defense of another, or defense of that person's
residence, as the case may be.
(d) If a person who is accused of an offense that involved
the person's use of self-defense, defense of another, or defense
of that person's residence does not file a pretrial motion
described in division (B)(1)(a) of this section, or the person
files a pretrial motion described in division (B)(1)(a) of this
section, but the court denies the pretrial motion, at the trial
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As Introduced
of the accused person there is no rebuttable presumption that
the accused person acted in self-defense, defense of another, or
defense of that person's residence. However, at the trial of the
accused person, the person is not precluded from asserting that
the accused person acted in self-defense, defense of another, or
defense of that person's residence.
(e) If the accused person described in division (B)(1)(d)
of this section asserts that the accused person acted in self-
defense, defense of another, or defense of that person's
residence, and if at the trial of a person who is accused of an
offense that involved the person's use of force against another,
there is evidence presented that tends to support by a
preponderance of the evidence that the accused person used the
force in self-defense, defense of another, or defense of that
person's residence, the prosecution must prove beyond a
reasonable doubt that the accused person did not use the force
in self-defense, defense of another, or defense of that person's
residence, as the case may be.
(2) Subject to division (B)(3) of this section, a person
is presumed to have acted in self-defense or defense of another
when using defensive force that is intended or likely to cause
death or great bodily harm to another if the person against whom
the defensive force is used is in the process of unlawfully and
without privilege to do so entering, or has unlawfully and
without privilege to do so entered, the residence or vehicle
occupied by the person using the defensive force.
(3) The presumption set forth in division (B)(2) of this
section does not apply if either of the following is true:
(a) The person against whom the defensive force is used
has a right to be in, or is a lawful resident of, the residence
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As Introduced
or vehicle.
(b) The person who uses the defensive force uses it while
in a residence or vehicle and the person is unlawfully, and
without privilege to be, in that residence or vehicle.
(4) The presumption set forth in division (B)(2) of this
section is a rebuttable presumption and may be rebutted by a
preponderance of the evidence, provided that the prosecution's
burden of proof remains proof beyond a reasonable doubt as
described in divisions (A) and (B)(1) of this section.
(C) As part of its charge to the jury in a criminal case,
the court shall read the definitions of "reasonable doubt" and
"proof beyond a reasonable doubt," contained in division (E) of
this section.
(D) As used in this section:
(1) An "affirmative defense" is either of the following:
(a) A defense expressly designated as affirmative;
(b) A defense involving an excuse or justification
peculiarly within the knowledge of the accused, on which the
accused can fairly be required to adduce supporting evidence.
(2) "Dwelling" means a building or conveyance of any kind
that has a roof over it and that is designed to be occupied by
people lodging in the building or conveyance at night,
regardless of whether the building or conveyance is temporary or
permanent or is mobile or immobile. As used in this division, a
building or conveyance includes, but is not limited to, an
attached porch, and a building or conveyance with a roof over it
includes, but is not limited to, a tent.
(3) "Residence" means a dwelling in which a person resides
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As Introduced
either temporarily or permanently or is visiting as a guest.
(4) "Vehicle" means a conveyance of any kind, whether or
not motorized, that is designed to transport people or property.
(E) "Reasonable doubt" is present when the jurors, after
they have carefully considered and compared all the evidence,
cannot say they are firmly convinced of the truth of the charge.
It is a doubt based on reason and common sense. Reasonable doubt
is not mere possible doubt, because everything relating to human
affairs or depending on moral evidence is open to some possible
or imaginary doubt. "Proof beyond a reasonable doubt" is proof
of such character that an ordinary person would be willing to
rely and act upon it in the most important of the person's own
affairs.
Section 2. That existing section 2901.05 of the Revised
Code is hereby repealed.
Section 3. This act shall be known as the Self-Defense
Protection Act.
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