Florida Senate - 2016 COMMITTEE AMENDMENT Bill No. CS for SB 344 Ì185450ÉÎ185450 LEGISLATIVE ACTION Senate . House Comm: FAV . 12/07/2015 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Rules (Simmons) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 6 Section 1. Section 776.032, Florida Statutes, is amended to 7 read: 8 776.032 Immunity from criminal prosecution and civil action 9 for justifiable use or threatened use of force.— 10 (1) A person who uses or threatens to use force as 11 permitted in s. 776.012, s. 776.013, or s. 776.031 is justified 12 in such conduct and is immune from criminal prosecution and 13 civil action for the use or threatened use of such force by the 14 person, personal representative, or heirs of the person against 15 whom the force was used or threatened, unless the person against 16 whom force was used or threatened is a law enforcement officer, 17 as defined in s. 943.10(14), who was acting in the performance 18 of his or her official duties and the officer identified himself 19 or herself in accordance with any applicable law or the person 20 using or threatening to use force knew or reasonably should have 21 known that the person was a law enforcement officer. As used in 22 this subsection, the term “criminal prosecution” includes 23 arresting, detaining in custody, and charging or prosecuting the 24 defendant. 25 (2) A law enforcement agency may use standard procedures 26 for investigating the use or threatened use of force as 27 described in subsection (1), but the agency may not arrest the 28 person for using or threatening to use force unless it 29 determines that there is probable cause that the force that was 30 used or threatened was unlawful. 31 (3) The court shall award reasonable attorney’s fees, court 32 costs, compensation for loss of income, and all expenses 33 incurred by the defendant in defense of any civil action brought 34 by a plaintiff if the court finds that the defendant is immune 35 from liability
prosecutionas provided in subsection (1). 36 (4) In a criminal prosecution, once a prima facie claim of 37 self-defense immunity from criminal prosecution has been raised 38 by the defendant at a pre-trial immunity hearing, the burden of 39 proof by clear and convincing evidence shall be on the party 40 seeking to overcome the immunity from criminal prosecution 41 provided in subsection (1). 42 Section 2. This act shall take effect upon becoming a law. 43 44 ================= T I T L E A M E N D M E N T ================ 45 And the title is amended as follows: 46 Delete everything before the enacting clause 47 and insert: 48 A bill to be entitled 49 An act relating to justifiable use or threatened use 50 of defensive force; amending s. 776.032, F.S.; 51 providing that once a defendant raises a prima facie 52 claim of self-defense immunity at a pre-trial hearing, 53 the burden is on the prosecuting authority to overcome 54 the immunity by clear and convincing evidence; 55 providing an effective date.