HB 371

1
A bill to be entitled
2An act relating to use of deadly force; amending s.
3776.013, F.S.; requiring an overt act to support a belief
4that the use of deadly force for specified purposes is
5necessary; defining the term "unlawful activity" for
6specified purposes; amending s. 776.032, F.S.; providing
7that immunity from civil and criminal liability for
8certain uses of deadly force does not apply to injuries to
9children and bystanders who are not affiliated with the
10overt act; providing an effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Subsection (3) of section 776.013, Florida
15Statutes, is amended, and paragraph (d) is added to subsection
16(5) of that section, to read:
17     776.013  Home protection; use of deadly force; presumption
18of fear of death or great bodily harm.--
19     (3)  A person who is not engaged in an unlawful activity
20and who is attacked in any other place where he or she has a
21right to be has no duty to retreat and has the right to stand
22his or her ground and meet force with force, including deadly
23force if he or she reasonably believes due to an overt act that
24it is necessary to do so to prevent death or great bodily harm
25to himself or herself or another or to prevent the commission of
26a forcible felony.
27     (5)  As used in this section, the term:
28     (d)  "Unlawful activity" means activity undertaken by a
29person that is prohibited by the laws of this state.
30     Section 2.  Subsection (1) of section 776.032, Florida
31Statutes, is amended to read:
32     776.032  Immunity from criminal prosecution and civil
33action for justifiable use of force.--
34     (1)  A person who uses force as permitted in s. 776.012, s.
35776.013, or s. 776.031 is justified in using such force and is
36immune from criminal prosecution and civil action for the use of
37such force; however, such immunity shall not apply to injuries
38to children and bystanders who are not affiliated with the overt
39act. Immunity will be granted, unless the person against whom
40force was used is a law enforcement officer, as defined in s.
41943.10(14), who was acting in the performance of his or her
42official duties and the officer identified himself or herself in
43accordance with any applicable law or the person using force
44knew or reasonably should have known that the person was a law
45enforcement officer. As used in this subsection, the term
46"criminal prosecution" includes arresting, detaining in custody,
47and charging or prosecuting the defendant.
48     Section 3.  This act shall take effect July 1, 2007.


CODING: Words stricken are deletions; words underlined are additions.