Florida Senate - 2008 CS for SB 654

By the Committee on Criminal Justice; and Senator Crist

591-04820-08 2008654c1

1

A bill to be entitled

2

An act relating to offenses against officers; amending s.

3

776.051, F.S.; providing that a person is not justified in

4

using force to resist an arrest by a law enforcement

5

officer, or to resist a law enforcement officer engaged in

6

executing a legal duty, if the officer acts in good faith

7

and is known or appears to be a law enforcement officer;

8

providing an effective date.

9

10

Be It Enacted by the Legislature of the State of Florida:

11

12

     Section 1.  Section 776.051, Florida Statutes, is amended to

13

read:

14

     776.051 Use of force in resisting arrest or making an

15

arrest or in the execution of a legal duty; prohibition.--

16

     (1)  A person is not justified in the use of force to resist

17

an arrest by a law enforcement officer, or to resist a law

18

enforcement officer who is engaged in the execution of a legal

19

duty, if the law enforcement officer was acting in good faith and

20

he or she who is known, or reasonably appears, to be a law

21

enforcement officer.

22

     (2)  A law enforcement officer, or any person whom the

23

officer has summoned or directed to assist him or her, is not

24

justified in the use of force if the arrest or execution of a

25

legal duty is unlawful and known by him or her to be unlawful.

26

     Section 2.  This act shall take effect July 1, 2008.

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