Florida Senate - 2014                      CS for SB's 130 & 122
       
       
        
       By the Committee on Judiciary; and Senators Simmons and Smith
       
       
       
       
       
       590-00460-14                                           2014130c1
    1                        A bill to be entitled                      
    2         An act relating to the use of deadly force; amending
    3         ss. 30.60 and 166.0485, F.S.; directing the Department
    4         of Law Enforcement to develop a uniform training
    5         curriculum for county sheriffs and municipal police
    6         departments to use in training participants in
    7         neighborhood crime watch programs; amending s.
    8         776.032, F.S.; providing that a person who is
    9         justified in using force is immune from criminal
   10         prosecution and civil action initiated by the person
   11         against whom the force was used; revising the
   12         definition of the term “criminal prosecution”;
   13         clarifying that a law enforcement agency retains the
   14         authority and duty to fully investigate the use of
   15         force upon which an immunity may be claimed; amending
   16         s. 776.041, F.S.; providing that any reason, including
   17         immunity, used by an aggressor to justify the use of
   18         force is not available to the aggressor under
   19         specified circumstances; providing an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Section 30.60, Florida Statutes, is amended to
   24  read:
   25         30.60 Establishment of neighborhood crime watch programs.—
   26         (1) A county sheriff or municipal police department may
   27  establish neighborhood crime watch programs within the county or
   28  municipality. The participants of a neighborhood crime watch
   29  program shall include, but need not be limited to, residents of
   30  the county or municipality and owners of businesses located
   31  within the county or municipality.
   32         (2) The Department of Law Enforcement shall develop a
   33  uniform training curriculum for training participants in
   34  neighborhood crime watch programs. County sheriffs and municipal
   35  police departments shall use the curriculum in training
   36  participants of such programs. The training shall address, but
   37  need not be limited to, how to recognize and report suspicious
   38  or unlawful activity, crime prevention techniques, when a
   39  participant in a crime watch program is authorized or expected
   40  to assist another person, the unlawful use of force, and conduct
   41  that may unreasonably create or escalate a confrontation between
   42  a neighborhood watch participant and a person suspected of
   43  unlawful activity.
   44         Section 2. Section 166.0485, Florida Statutes, is amended
   45  to read:
   46         166.0485 Establishment of neighborhood crime watch
   47  programs.—
   48         (1) A county sheriff or municipal police department may
   49  establish neighborhood crime watch programs within the county or
   50  municipality. The participants of a neighborhood crime watch
   51  program shall include, but need not be limited to, residents of
   52  the county or municipality and owners of businesses located
   53  within the county or municipality.
   54         (2) The Department of Law Enforcement shall develop a
   55  uniform training curriculum for training participants in
   56  neighborhood crime watch programs. County sheriffs and municipal
   57  police departments shall use the curriculum in training
   58  participants of such programs. The training shall address, but
   59  need not be limited to, how to recognize and report suspicious
   60  or unlawful activity, crime prevention techniques, when a
   61  participant in a crime watch program is authorized or expected
   62  to assist another person, the unlawful use of force, and conduct
   63  that may unreasonably create or escalate a confrontation between
   64  a neighborhood watch participant and a person suspected of
   65  unlawful activity.
   66         Section 3. Subsection (1) of section 776.032, Florida
   67  Statutes, is amended to read:
   68         776.032 Immunity from criminal prosecution and civil action
   69  for justifiable use of force.—
   70         (1) A person who uses force as permitted in s. 776.012, s.
   71  776.013, or s. 776.031 is justified in using such force and is
   72  immune from criminal prosecution and civil action by the person,
   73  personal representative, or heirs of the person, against whom
   74  force was used for the use of such force, unless the person
   75  against whom force was used is a law enforcement officer, as
   76  defined in s. 943.10(14), who was acting in the performance of
   77  his or her official duties and the officer identified himself or
   78  herself in accordance with any applicable law or the person
   79  using force knew or reasonably should have known that the person
   80  was a law enforcement officer. As used in this subsection, the
   81  term “criminal prosecution” includes, with probable cause,
   82  arresting, taking into custody, or arresting, detaining in
   83  custody, and charging or prosecuting the defendant. This
   84  subsection does not restrict a law enforcement agency’s
   85  authority and duty to fully and completely investigate the use
   86  of force upon which an immunity may be claimed or any event
   87  surrounding such use of force.
   88         Section 4. Section 776.041, Florida Statutes, is amended to
   89  read:
   90         776.041 Use of force by aggressor.—The justification
   91  described in the preceding sections of this chapter, including,
   92  but not limited to, the immunity provided for in s. 776.032, is
   93  not available to a person who:
   94         (1) Is attempting to commit, committing, or escaping after
   95  the commission of, a forcible felony; or
   96         (2) Initially provokes the use of force against himself or
   97  herself, unless:
   98         (a) Such force is so great that the person reasonably
   99  believes that he or she is in imminent danger of death or great
  100  bodily harm and that he or she has exhausted every reasonable
  101  means to escape such danger other than the use of force which is
  102  likely to cause death or great bodily harm to the assailant; or
  103         (b) In good faith, the person withdraws from physical
  104  contact with the assailant and indicates clearly to the
  105  assailant that he or she desires to withdraw and terminate the
  106  use of force, but the assailant continues or resumes the use of
  107  force.
  108         Section 5. This act shall take effect October 1, 2014.