HB 228 changed Ohio self-defense law by moving the trial burden to the prosecution once evidence supports self-defense, defense of another, or defense of residence. It also covered firearm preemption, local-government liability, law-enforcement carry rules, weapons transactions, and other firearm-related sections.
HB 108 keeps the HB 228 self-defense framework but adds a new pretrial motion and hearing process. If the accused proves at that hearing, by a preponderance of the evidence, that self-defense, defense of another, or defense of residence applies, the court grants a motion creating a rebuttable presumption at trial. The prosecution must then rebut that presumption beyond a reasonable doubt.
Key contrast
| Issue | HB 228 | HB 108 |
|---|---|---|
| Bill scope | Broad firearms, weapons, preemption, law enforcement, and self-defense bill | Narrow self-defense procedure bill |
| Status in attached text | Labeled “AN ACT” | Labeled “As Introduced” and “A BILL” |
| Code sections touched | Multiple sections, including 9.68, 9.69, 109.801, 2901.05, several 2923 sections, and 2953.37 | Only R.C. 2901.05 |
| Core self-defense rule | If evidence at trial tends to support self-defense, prosecution must disprove it beyond reasonable doubt | Adds a pretrial path to create a rebuttable presumption before trial |
| Pretrial hearing | No specific pretrial self-defense procedure in the cited 2901.05 text | Court must hold a pretrial hearing if motion is filed |
| Defendant’s pretrial burden | Not applicable | Accused must show evidence tending to support self-defense by a preponderance of the evidence |
| Trial effect | Prosecution must disprove self-defense beyond reasonable doubt once evidence supports it | If motion granted, jury trial begins with rebuttable presumption in defendant’s favor |
| If motion denied or not filed | Not addressed separately | Defendant can still assert self-defense at trial |
| Castle doctrine style presumption | Presumption applies for defensive force against unlawful entry into occupied residence or vehicle | Same framework retained |
Substantive self-defense difference
HB 228 says that when evidence at trial “tends to support” that the accused used force in self-defense, defense of another, or defense of residence, the prosecution must prove beyond a reasonable doubt that the accused did not act in self-defense.
HB 108 adds a new pretrial mechanism. The accused may file a pretrial motion asking the court to establish a rebuttable presumption that the accused acted in self-defense, defense of another, or defense of residence. The court then holds a pretrial hearing. If the evidence supports the defense by a preponderance of the evidence, the court grants the motion.
The practical effect is important: HB 108 does not appear to create pretrial dismissal or immunity from prosecution. It creates a procedural advantage at trial: a rebuttable presumption that the accused acted lawfully in self-defense.
Important drafting note
HB 108’s title says it creates a procedure for self-defense, defense of another, or defense of “that person’s property,” but the operative statutory text repeatedly says residence, not general property.
That matters because “property” is broader than “residence.” Based only on the attached text, HB 108 does not appear to create a general pretrial presumption for defending any property.
Bottom line
HB 228 was the major structural change. It shifted the burden to the prosecution at trial once self-defense evidence is in play.
HB 108 is a procedural enhancement. It lets the accused seek an early court ruling that creates a rebuttable presumption at trial, but it does not appear to end the case before trial.
Learn more about HB108
https://lpo.org/bills/hb108/
Learn more about HB228
https://www.legislature.ohio.gov/legislation/132/hb228
