CS/CS/HB 89: Threatened Use of Force
GENERAL BILL
by
Judiciary Committee ;
Criminal Justice Subcommittee ;
Combee ;
Edwards ;
(CO-INTRODUCERS)
Ahern ;
Albritton ;
Baxley ;
Beshears ;
Boyd ;
Broxson ;
Caldwell ;
Campbell ;
Clelland ;
Cummings ;
Danish ;
Diaz, M. ;
Eagle ;
Fitzenhagen ;
Fresen ;
Gonzalez ;
Grant ;
Harrell ;
Hill ;
Holder ;
Hood ;
Hudson ;
Hutson ;
Ingram ;
Jones, M. ;
Jones, S. ;
Mayfield ;
McBurney ;
Metz ;
Murphy ;
Patronis ;
Perry ;
Pilon ;
Raburn ;
Raschein ;
Raulerson ;
Renuart ;
Roberson ;
Rodrigues, R. ;
Rouson ;
Santiago ;
Smith ;
Spano ;
Steube ;
Stewart ;
Stone ;
Tobia ;
Van Zant ;
Young
Threatened Use of Force; Prohibiting the court from imposing certain mandatory minimum sentences if the court makes specified written findings; applying provisions relating to the use of force in defense of persons to the threatened use of force; applying presumption relating to the use of deadly force to the threatened use of deadly force in the defense of a residence and similar circumstances; applying immunity provisions that relate to the use of force to the threatened use of force; providing that a person is not justified in the threatened use of force to resist an arrest by a law enforcement officer, etc.
Effective Date: 6/20/2014
Last Action:
6/20/2014
-
Chapter No.
2014-195
Bill Text:
PDF
Bill History
| Date |
Chamber |
Action |
| 9/26/2013 |
House |
• Filed
|
| 10/31/2013 |
House |
• Referred to Criminal Justice Subcommittee; Justice Appropriations Subcommittee; Judiciary Committee -HJ 15
• PCS on Committee agenda-- Criminal Justice Subcommittee, 11/07/13, 3:00 pm, Webster Hall
|
| 11/7/2013 |
House |
• CS by Criminal Justice Subcommittee; YEAS 12 NAYS 1 -HJ 152
|
| 11/20/2013 |
House |
• Pending review of CS under Rule 7.19(c)
|
| 1/16/2014 |
House |
• Original reference(s) removed: Justice Appropriations Subcommittee
• CS referred to Judiciary Committee -HJ 150
• Now in Judiciary Committee -HJ 150
|
| 2/13/2014 |
House |
• On Committee agenda-- Judiciary Committee, 02/20/14, 12:00 pm, Sumner Hall
|
| 2/20/2014 |
House |
• CS/CS by- Judiciary Committee; YEAS 15 NAYS 2 -HJ 160
|
| 2/25/2014 |
House |
• Pending review of CS -under Rule 7.19(c)
|
| 2/27/2014 |
House |
• Placed on Calendar -HJ 150
|
| 3/4/2014 |
House |
• Introduced -HJ 15
• CS by Criminal Justice Subcommittee read 1st time -HJ 134
• CS/CS by Judiciary Committee read 1st time -HJ 134
|
| 3/17/2014 |
House |
• Placed on Special Order Calendar, 03/19/14
|
| 3/19/2014 |
House |
• Read 2nd time -HJ 295
• Amendment(s) adopted (823485) -HJ 299
• Placed on 3rd reading
|
| 3/20/2014 |
House |
• Read 3rd time -HJ 315
• Amendment(s) failed (550093) -HJ 316
• CS passed as amended; YEAS 93 NAYS 24 -HJ 316
|
| 3/26/2014 |
Senate |
• In Messages
• Referred to Criminal Justice; Judiciary; Rules -SJ 350
• Received -SJ 350
|
| 4/3/2014 |
Senate |
• Withdrawn from Criminal Justice; Judiciary; Rules -SJ 384
• Placed on Calendar, on 2nd reading -SJ 384
• Substituted for CS/CS/SB 448 -SJ 385
• Read 2nd time -SJ 384
• Amendment(s) failed (306012) -SJ 385
• Read 3rd time -SJ 385
• CS passed; YEAS 32 NAYS 7 -SJ 385
|
| 4/11/2014 |
House |
• Ordered enrolled -HJ 524
|
| 6/13/2014 |
|
• Signed by Officers and presented to Governor
|
| 6/20/2014 |
|
• Approved by Governor
• Chapter No. 2014-195
|
Related Bills
| Bill Number |
Subject |
Filed By |
Relationship
|
Last Action and Location |
Track Bills |
|
S 448
(e1)
|
Threatened Use of Force |
Evers |
Similar |
Last Action: 4/3/2014 S Laid on Table, companion bill(s) passed, see CS/CS/HB 89 (Ch. 2014-195) -SJ 385
Location: Laid on Table
|
|
|
H 33
|
Self-Defense |
Antone |
Compare |
Last Action: 5/2/2014 H Died in Criminal Justice Subcommittee, companion bill(s) passed, see CS/CS/HB 89 (Ch. 2014-195)
Location: In committee/council (CRJS)
|
|
|
H 103
|
Possession or Discharge of a Firearm or Destructive Device During Commission of Specified Offenses |
Jones |
Compare |
Last Action: 5/2/2014 H Died in Criminal Justice Subcommittee, companion bill(s) passed, see CS/CS/HB 89 (Ch. 2014-195)
Location: In committee/council (CRJS)
|
|
|
H 193
|
Use of Deadly Force |
Nelson |
Compare |
Last Action: 10/22/2013 H Withdrawn prior to introduction, companion bill(s) passed, see CS/CS/HB 89 (Ch. 2014-195) -HJ 22
Location: Withdrawn from consideration
|
|
|
H 967
|
Mandatory Minimum Sentencing |
Rogers |
Compare |
Last Action: 5/2/2014 H Died in Criminal Justice Subcommittee, companion bill(s) passed, see CS/CS/HB 89 (Ch. 2014-195)
Location: In committee/council (CRJS)
|
|
|
H 1301
|
Sentencing |
Antone |
Compare |
Last Action: 5/2/2014 H Died in Criminal Justice Subcommittee, companion bill(s) passed, see CS/CS/HB 89 (Ch. 2014-195)
Location: In committee/council (CRJS)
|
|
|
S 112
|
Possession or Discharge of a Firearm or Destructive Device During the Commission of Specified Offenses |
Joyner |
Compare |
Last Action: 5/2/2014 S Died in Criminal Justice, companion bill(s) passed, see CS/CS/HB 89 (Ch. 2014-195)
Location: In committee/council (CJ)
|
|
|
S 130
(c2)
|
Use of Deadly Force |
Simmons |
Compare |
Last Action: 5/2/2014 S Died in Judiciary, companion bill(s) passed, see CS/CS/HB 89 (Ch. 2014-195)
Location: In committee/council (JU)
|
|
|
S 432
|
Mandatory Minimum Sentencing |
Bullard |
Compare |
Last Action: 5/2/2014 S Died in Criminal Justice, companion bill(s) passed, see CS/CS/HB 89 (Ch. 2014-195)
Location: In committee/council (CJ)
|
|
|
S 438
|
Defense of Life, Home, or Property |
Altman |
Compare |
Last Action: 5/2/2014 S Died in Criminal Justice, companion bill(s) passed, see CS/CS/HB 89 (Ch. 2014-195)
Location: In committee/council (CJ)
|
|
Bill Text
| Version |
Posted |
Format |
| H 89 Filed |
9/26/2013 12:51 PM |
PDF
|
| H 89 c1 |
11/20/2013 5:02 PM |
PDF
|
| H 89 c2 |
2/25/2014 11:08 AM |
PDF
|
| H 89 e1 |
3/19/2014 7:43 PM |
PDF
|
| H 89 er |
4/11/2014 5:43 PM |
PDF
|
Committee Amendments
H 89 c1
| Amendment |
Sponsor |
Filed |
Last Committee Action |
Format |
323439 - Amendment
Between lines 50 and 51, insert:
|
Combee |
2/19/2014
6:40 PM
|
Withdrawn
2/20/2014
|
PDF
|
819963 - Substitute Amendment (323439)
Between lines 50 and 51, insert:
|
Fitzenhagen |
2/20/2014
10:48 AM
|
Withdrawn
2/20/2014
|
PDF
|
414477 - Amendment
Between lines 50 and 51, insert:
|
Combee |
2/19/2014
6:41 PM
|
Withdrawn
2/20/2014
|
PDF
|
651305 - Amendment
Between lines 188 and 189, insert:
|
Combee |
2/19/2014
6:40 PM
|
Adopted
2/20/2014
|
PDF
|
Floor Amendments
H 89 c2
| Amendments |
Sponsor |
Filed |
Last Floor Action |
Format |
554207 - Amendment
Remove lines 67-284 and insert:
|
Gaetz |
3/18/2014
1:43 PM
|
House:
Withdrawn
3/18/2014
|
PDF
|
823485 - Amendment
Remove lines 67-284 and insert:
|
Gaetz |
3/18/2014
1:59 PM
|
House:
Adopted
3/19/2014
|
PDF
|
H 89 e1
| Amendments |
Sponsor |
Filed |
Last Floor Action |
Format |
306012 - Amendment
Delete lines 286 - 624.
|
Smith |
4/3/2014
11:05 AM
|
Senate:
Failed
4/3/2014
|
Web Page
PDF
|
550093 - Amendment
Remove lines 114-215 and insert:
|
Thurston |
3/20/2014
8:50 AM
|
House:
Failed
3/20/2014
|
PDF
|
Bill Analyses
| Type |
Analysis |
Author |
Posted |
Format |
| Bill Analysis |
H 89
|
Judiciary Committee
(Post-Meeting) |
2/25/2014 10:58 AM |
PDF
|
| Bill Analysis |
H 89
|
Criminal Justice Subcommittee
(Post-Meeting) |
6/27/2014 4:30 PM |
PDF
|
Vote History - Committee
No Committee Vote History Available
Vote History - Floor
Citations - Statutes (10)
| Citation |
Catchline |
Location in Bill Location In Bill Help |
|
775.087
|
Possession or use of weapon; aggravated battery; felony reclassification; minimum sentence. |
Page 4 (pdf) |
|
776.012
|
Use of force in defense of person. |
Page 5 (pdf) |
|
776.013
|
Home protection; use of deadly force; presumption of fear of death or great bodily harm. |
Page 6 (pdf) |
|
776.031
|
Use of force in defense of others. |
Page 8 (pdf) |
|
776.032
|
Immunity from criminal prosecution and civil action for justifiable use of force. |
Page 9 (pdf) |
|
776.041
|
Use of force by aggressor. |
Page 10 (pdf) |
|
776.051
|
Use of force in resisting arrest or making an arrest or in the execution of a legal duty; prohibition. |
Page 11 (pdf) |
|
776.06
|
Deadly force. |
Page 11 (pdf) |
|
776.09 |
|
Page 12 (pdf) |
|
943.0585
|
Court-ordered expunction of criminal history records. |
Page 13 (pdf) |
Citations - Constitution (0)
No Constitutional citations.
Citations - Chapter Law (0)
No Chapter Law citations.
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