House Bill 26-011

This bill establishes a unified legal framework for affirmative defenses in homicide cases, shifting the burden of proof to the defendant. While the prosecution must still prove the core elements of a crime beyond a reasonable doubt, the defendant is now required to prove self-defense or insanity by a preponderance of the evidence. The act codifies standards for justifiable force, the duty to retreat, and the criteria for mental incapacity while ensuring that jury instructions clearly reflect these shifting legal burdens.

The legislation also addresses post-incident conduct, providing that a defendant's failure to immediately report an incident does not automatically bar a self-defense claim but may be considered regarding their credibility. It allows the trier of fact to account for the role of trauma and shock in a defendant’s behavior following an event. Pending any referendum petitions, the act is scheduled to take effect in August 2026 after being signed by the governor.

This bill reintroduces and clarifies statutory affirmative defenses applicable to homicide offenses by establishing a unified legal framework governing claims of self-defense and insanity. The bill is intended to ensure consistent application of the law, clarify evidentiary standards, and reaffirm that the burden of proving criminal intent remains with the prosecution once an affirmative defense is properly raised.

The legislation creates a new article within Title 11 of the San Andreas Revised Statutes outlining the standards under which affirmative defenses may be asserted in homicide cases. The bill codifies the legal standard for self-defense, including the reasonable belief requirement and duty to retreat outside one’s dwelling, and clarifies that a defendant’s failure to remain at the scene of an incident does not automatically invalidate a self-defense claim.

Instead of requiring a defendant to remain at the scene, the bill establishes a mandatory reporting requirement requiring individuals asserting self-defense to notify law enforcement or emergency services as soon as reasonably practicable following the incident, unless doing so would create additional danger or prevent necessary medical treatment. Failure to report or cooperate may be considered by a fact finder when evaluating credibility but does not bar the defense if the prosecution cannot prove criminal culpability beyond a reasonable doubt.

The bill also codifies the insanity defense standard for homicide offenses, providing that individuals who, due to a severe mental disease or defect, were unable to appreciate the nature or wrongfulness of their actions may be found not guilty by reason of insanity and committed for treatment under existing law.