House Bill 26-022

This act expands the application of self-defense in criminal cases involving ongoing domestic abuse. A defendant charged with homicide, assault, or another violent offense against a spouse, former spouse, intimate partner, cohabitant, family member, or household member may assert self-defense when they were subjected to a pattern of domestic abuse and reasonably believed force was necessary to prevent serious bodily injury or death. The act modifies the traditional concept of imminence by providing that violence does not have to be occurring at the precise moment defensive force is used when credible evidence demonstrates a continuing threat likely to occur within a reasonably foreseeable period.

This act allows courts and juries to consider the cumulative history of domestic abuse when determining whether a defendant's belief in the necessity of force was reasonable. Relevant evidence may include police reports, protection orders, medical records, threats, photographs, witness testimony, prior violence, coercive control, stalking, intimidation, economic abuse, and expert testimony concerning trauma and survivor behavior. Prior abuse does not have to have resulted in an arrest, prosecution, or conviction to be considered. Defendants must present corroborating evidence supporting the existence of a pattern of abuse, after which the prosecution retains the burden of proving beyond a reasonable doubt that the defendant's use of force was not justified.

This act does not automatically justify violence based on a history of abuse and does not authorize retaliatory or punitive force. The use of force must be motivated by preventing reasonably anticipated serious bodily injury or death, and prosecutors retain the ability to challenge the credibility and reliability of evidence supporting the defense. Courts may consider whether ongoing abuse limited the defendant's ability to safely retreat or seek outside assistance, whether the alleged victim violated previous protection orders, and the overall effect of repeated abuse rather than evaluating each incident separately.

This act requires the Judicial Branch to develop uniform statewide jury instructions explaining how self-defense applies in cases involving sustained domestic abuse and to provide training addressing trauma-informed evaluation, survivor behavior, coercive control, and barriers that may prevent victims from seeking help. Jury instructions must make clear that prior abuse does not automatically justify the use of force and that each case must be evaluated under the totality of the circumstances. This act was approved April 17, 2026, and is scheduled to take effect August 18, 2026.