COLUMBUS, Ohio — Changes to Ohio’s self-defense laws could be coming down the pike. A lawmaker said the changes could reduce the need for people who are asserting self-defense claims to stand a trial. House Bill 233 that would give defendants in a self-defense case a chance to have a pretrial.

State Rep. Josh Williams is a practicing criminal justice attorney who is proposing the changes. 

What You Need To Know

  • House Bill 233 was introduced to the Statehouse and could change Ohio's self-defense laws

  • The proposal gives defendants in a self-defence case a chance to get a pretrial with a judge

  • The sponsor of the proposal said it could create a fairer judicial system

"We are simply trying to create a uniform statute that applies to not only protecting yourself within your home and your vehicle," said Williams. "Where you have a presumption of self-defense, but also now that stand your ground is a state law here in Ohio that we create a mechanism for that presumption." 

Williams said Ohio's current self-defense laws can be unfair at times. Right now, the defendant has to provide evidence they acted in self-defense. He said this proposal would let a defendant ask for a pretrial hearing to present evidence to a judge to help support their claim. Williams said it could help get rid of implicit bias from the jury. 

"I've had cases where the defendant was a gang member and had prior felonies," Williams said. "And, you know, was a Black individual with dreadlocks. And when that defendant took the stand, you could tell the tone of the trial changed." 

Law professor at Case Western Reserve University Michael Benza said self-defense laws can be tricky. Benza said this proposal could lead to cases getting dismissed earlier in the judicial process. 

"Whether judges will make a decision that says, well, I'm not going to decide yes or no, I'm going to say no and let this case go to a jury," Benza said. "So there may be a practical effect of this not really affecting any individual case and getting it through the system faster." 

However, when it comes to wrongful convictions Benza does not think these changes will have much of an impact.

"Even if a judge rejects the defendant's self-defense claim in this pretrial proceeding," Benza said. "The matter will still have to be tried to a jury." 

The Ohio Prosecuting Attorneys Association issued this statement: "We are currently reviewing this legislation, but it is more evidence of how out of touch some of our legislators are with the public. Ohio is in the midst of a public safety crisis and instead of debating how to address violent crime, gun violence, an epidemic of car thefts, and juvenile crime we have legislators who would rather make law enforcement’s job harder and pass laws that are tough on crime victims," signed Louis Tobin, the executive director of The Ohio Prosecuting Attorneys Association.

Meanwhile, Williams said he is hopeful this proposal will make Ohio a fair state. 

"If you truly believe that our system has implicit bias to it, then a bill like this will be beneficial. Where there's a pretrial determination by an unbiased judge to determine whether or not a person lawfully acted in self-defense," he said.