HB 49

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; amending s. 776.032, F.S.; providing that
6immunity from civil and criminal liability for certain
7uses of deadly force does not apply to injuries to
8children and bystanders who are not affiliated with the
9overt act; providing an effective date.
10
11Be It Enacted by the Legislature of the State of Florida:
12
13     Section 1.  Subsection (3) of section 776.013, Florida
14Statutes, is amended to read:
15     776.013  Home protection; use of deadly force; presumption
16of fear of death or great bodily harm.--
17     (3)  A person who is not engaged in criminal an unlawful
18activity and who is attacked in any other place where he or she
19has a right to be has no duty to retreat and has the right to
20stand his or her ground and meet force with force, including
21deadly force if he or she reasonably believes due to an overt
22act that it is necessary to do so to prevent death or great
23bodily harm to himself or herself or another or to prevent the
24commission of a forcible felony.
25     Section 2.  Subsection (1) of section 776.032, Florida
26Statutes, is amended to read:
27     776.032  Immunity from criminal prosecution and civil
28action for justifiable use of force.--
29     (1)  A person who uses force as permitted in s. 776.012, s.
30776.013, or s. 776.031 is justified in using such force and is
31immune from criminal prosecution and civil action for the use of
32such force; however, such immunity shall not apply to injuries
33to children and bystanders who are not affiliated with the overt
34act. Immunity will be granted, unless the person against whom
35force was used is a law enforcement officer, as defined in s.
36943.10(14), who was acting in the performance of his or her
37official duties and the officer identified himself or herself in
38accordance with any applicable law or the person using force
39knew or reasonably should have known that the person was a law
40enforcement officer. As used in this subsection, the term
41"criminal prosecution" includes arresting, detaining in custody,
42and charging or prosecuting the defendant.
43     Section 3.  This act shall take effect July 1, 2008.


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