Florida Senate - 2014                                     SB 130
       
       
        
       By Senator Simmons
       
       
       
       
       
       10-00044-14                                            2014130__
    1                        A bill to be entitled                      
    2         An act relating to the use of deadly force; amending
    3         ss. 30.60 and 166.0485, F.S.; requiring the county
    4         sheriff or municipal police department to issue
    5         reasonable guidelines for the operation of
    6         neighborhood crime watch programs; providing that the
    7         guidelines are subject to reasonable exceptions;
    8         amending s. 776.032, F.S.; providing that a person who
    9         is justified in using force is immune from criminal
   10         prosecution and civil action initiated by the person
   11         against whom the force was used; revising the
   12         definition of the term “criminal prosecution”;
   13         clarifying that a law enforcement agency retains the
   14         right and duty to fully investigate the use of force
   15         upon which an immunity may be claimed; amending s.
   16         776.041, F.S.; providing that any reason, including
   17         immunity, used by an aggressor to justify the use of
   18         force is not available to the aggressor under
   19         specified circumstances; providing an effective date.
   20  
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Section 30.60, Florida Statutes, is amended to
   24  read:
   25         30.60 Establishment of neighborhood crime watch programs.—
   26         (1) A county sheriff or municipal police department may
   27  establish neighborhood crime watch programs within the county or
   28  municipality. The participants of a neighborhood crime watch
   29  program shall include, but need not be limited to, residents of
   30  the county or municipality and owners of businesses located
   31  within the county or municipality.
   32         (2) The county sheriff or municipal police department shall
   33  issue reasonable guidelines for the operation of such programs.
   34  The guidelines must include, but are not limited to, prohibiting
   35  a neighborhood crime watch patrol participant, while on patrol,
   36  from confronting or attempting to apprehend a person suspected
   37  of improper or unlawful activity, subject, however, to those
   38  circumstances in which a reasonable person would be permitted,
   39  authorized, or expected to assist another person.
   40         Section 2. Section 166.0485, Florida Statutes, is amended
   41  to read:
   42         166.0485 Establishment of neighborhood crime watch
   43  programs.—
   44         (1) A county sheriff or municipal police department may
   45  establish neighborhood crime watch programs within the county or
   46  municipality. The participants of a neighborhood crime watch
   47  program shall include, but need not be limited to, residents of
   48  the county or municipality and owners of businesses located
   49  within the county or municipality.
   50         (2) The county sheriff or municipal police department shall
   51  issue reasonable guidelines for the operation of such programs.
   52  The guidelines must include, but are not limited to, prohibiting
   53  a neighborhood crime watch patrol participant, while on patrol,
   54  from confronting or attempting to apprehend a person suspected
   55  of improper or unlawful activity, subject, however, to those
   56  circumstances in which a reasonable person would be permitted,
   57  authorized, or expected to assist another person.
   58         Section 3. Subsection (1) of section 776.032, Florida
   59  Statutes, is amended to read:
   60         776.032 Immunity from criminal prosecution and civil action
   61  for justifiable use of force.—
   62         (1) A person who uses force as permitted in s. 776.012, s.
   63  776.013, or s. 776.031 is justified in using such force and is
   64  immune from criminal prosecution and civil action by the person,
   65  personal representative, or heirs of the person, against whom
   66  force was used for the use of such force, unless the person
   67  against whom force was used is a law enforcement officer, as
   68  defined in s. 943.10(14), who was acting in the performance of
   69  his or her official duties and the officer identified himself or
   70  herself in accordance with any applicable law or the person
   71  using force knew or reasonably should have known that the person
   72  was a law enforcement officer. As used in this subsection, the
   73  term “criminal prosecution” includes, with probable cause,
   74  arresting or detaining in custody or arresting, detaining in
   75  custody, and charging or prosecuting the defendant. This
   76  subsection does not restrict a law enforcement agency’s right
   77  and duty to fully and completely investigate the use of force
   78  upon which an immunity may be claimed or any event surrounding
   79  such use of force.
   80         Section 4. Section 776.041, Florida Statutes, is amended to
   81  read:
   82         776.041 Use of force by aggressor.—The justification
   83  described in the preceding sections of this chapter, including,
   84  but not limited to, the immunity provided for in s. 776.032, is
   85  not available to a person who:
   86         (1) Is attempting to commit, committing, or escaping after
   87  the commission of, a forcible felony; or
   88         (2) Initially provokes the use of force against himself or
   89  herself, unless:
   90         (a) Such force is so great that the person reasonably
   91  believes that he or she is in imminent danger of death or great
   92  bodily harm and that he or she has exhausted every reasonable
   93  means to escape such danger other than the use of force which is
   94  likely to cause death or great bodily harm to the assailant; or
   95         (b) In good faith, the person withdraws from physical
   96  contact with the assailant and indicates clearly to the
   97  assailant that he or she desires to withdraw and terminate the
   98  use of force, but the assailant continues or resumes the use of
   99  force.
  100         Section 5. This act shall take effect October 1, 2014.