To amend section 2901.05 and to enact section 2305.402 of the Revised Code to provide a criminal defendant who properly establishes the affirmative defense of self-defense or defense of another with immunity from civil liability for damages related to the acts of self-defense or defense of another and to create a rebuttable presumption that a criminal defendant who raises the affirmative defense of self-defense or defense of another acted properly if the defendant or the person defended by the accused was suffering or was about to suffer a felony offense of violence or a forcible trespass upon the home of the defendant or of the person defended by the accused.

Section 1. That section 2901.05 be amended and section 2305.402 of the Revised Code be enacted to read as follows:

Sec. 2305.402. (A) A person who properly establishes the affirmative defense of self-defense or defense of another is not liable in damages to any person in a tort action for injury, death, or loss to person or property allegedly caused by the person while acting in self-defense or defense of another.

(B) For purposes of division (A) of this section, the affirmative defense of self-defense or defense of another is properly established when any of the following occurs:

(1) The prosecuting attorney declines to charge the person or moves to dismiss the charge because the prosecuting attorney believes that the person acted in self-defense or defense of another.

(2) The grand jury finds that the person acted in self-defense or defense of another.

(3) The person is acquitted after trial because the court or jury finds that the person acted in self-defense or defense of another.

(C) As used in this section, "tort action" has the same meaning as in section 2135.01 of the Revised Code.

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, is upon the accused. If the accused raises self-defense or defense of another as an affirmative defense and the accused or the person defended by the accused was suffering or was about to suffer an offense of violence that is a felony or was suffering or was about to suffer a forcible trespass upon the home of the accused or the home of the person defended by the accused, there is a rebuttable presumption that the accused acted properly in self-defense or in defense of the person defended by the accused.

(B) 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 (D) of this section.

(C) As used in this section, an "affirmative defense" is either of the following:

(1) A defense expressly designated as affirmative;

(2) A defense involving an excuse or justification peculiarly within the knowledge of the accused, on which he the accused can fairly be required to adduce supporting evidence.

(D) "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 his the person's own affairs.

Section 2. That existing section 2901.05 of the Revised Code is hereby repealed.