Florida Senate - 2017 COMMITTEE AMENDMENT Bill No. SB 128 Ì8324566Î832456 LEGISLATIVE ACTION Senate . House Comm: RCS . 01/24/2017 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Judiciary (Bradley) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 30 - 35 4 and insert: 5 (4) In a criminal prosecution, a defendant may file a 6 pretrial motion claiming the right to the immunity from 7 prosecution set forth in subsection (1). The motion must clearly 8 state the reasons that the defendant is immune and allege the 9 facts on which the claim of immunity is based. The court shall 10 grant the motion after a pretrial hearing unless the state 11 proves beyond a reasonable doubt that the defendant is not 12 immune. If the motion is not granted, the motion and its 13 contents are inadmissible at trial. 14 ================= T I T L E A M E N D M E N T ================ 15 And the title is amended as follows: 16 Delete lines 3 - 6 17 and insert: 18 776.032, F.S.; providing that the state has the burden 19 of proving that a defendant is not immune from 20 prosecution under certain circumstances; providing an 21 effective date.