ENROLLED
       2017 Legislature                    CS for SB 128, 2nd Engrossed
       
       
       
       
       
       
                                                              2017128er
    1  
    2         An act relating to self-defense immunity; amending s.
    3         776.032, F.S.; requiring that the burden of proof in a
    4         criminal prosecution be on the party seeking to
    5         overcome the immunity claim under certain
    6         circumstances; providing an effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Subsection (1) of section 776.032, Florida
   11  Statutes, is republished, and subsection (4) is added to that
   12  section, to read:
   13         776.032 Immunity from criminal prosecution and civil action
   14  for justifiable use or threatened use of force.—
   15         (1) A person who uses or threatens to use force as
   16  permitted in s. 776.012, s. 776.013, or s. 776.031 is justified
   17  in such conduct and is immune from criminal prosecution and
   18  civil action for the use or threatened use of such force by the
   19  person, personal representative, or heirs of the person against
   20  whom the force was used or threatened, unless the person against
   21  whom force was used or threatened is a law enforcement officer,
   22  as defined in s. 943.10(14), who was acting in the performance
   23  of his or her official duties and the officer identified himself
   24  or herself in accordance with any applicable law or the person
   25  using or threatening to use force knew or reasonably should have
   26  known that the person was a law enforcement officer. As used in
   27  this subsection, the term “criminal prosecution” includes
   28  arresting, detaining in custody, and charging or prosecuting the
   29  defendant.
   30         (4) In a criminal prosecution, once a prima facie claim of
   31  self-defense immunity from criminal prosecution has been raised
   32  by the defendant at a pretrial immunity hearing, the burden of
   33  proof by clear and convincing evidence is on the party seeking
   34  to overcome the immunity from criminal prosecution provided in
   35  subsection (1).
   36         Section 2. This act shall take effect upon becoming a law.