Immunity from Criminal Prosecution and Civil Action

(a)As used in this Section, the term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant.

(b)A person who uses force as permitted in § 7.112 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, except when:

(1)the person against whom force was used is a law enforcement officer, as defined by public law, who was acting in the performance of his or her duties, and the officer identified himself or herself in accordance with applicable law; or

(2)the person using force knew or reasonably should have known that the person was a law enforcement officer; or

(3)the use of force is found to be unlawful or was found to have been exercised with any illegal activity. CH. 7 EXEMPTIONS AND DEFENSES

(c)A law enforcement agency shall use standard procedures for investigating the use of force as described in Subsection (b), but the agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful.

(d)The court shall award reasonable attorney’s fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in Subsection (b).

(e)In a criminal prosecution, once a prima facie claim of self-defense immunity from criminal prosecution has been raised by the defendant at a pretrial immunity hearing, the burden of proof by clear and convincing evidence is on the party seeking to overcome the immunity from criminal prosecution provided in Subsection

(b)of this Section.