Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. CS for SB 344
       
       
       
       
       
       
                                Ì185450ÉÎ185450                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  12/07/2015           .                                
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       The Committee on Rules (Simmons) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5  
    6         Section 1. Section 776.032, Florida Statutes, is amended to
    7  read:
    8         776.032 Immunity from criminal prosecution and civil action
    9  for justifiable use or threatened use of force.—
   10         (1) A person who uses or threatens to use force as
   11  permitted in s. 776.012, s. 776.013, or s. 776.031 is justified
   12  in such conduct and is immune from criminal prosecution and
   13  civil action for the use or threatened use of such force by the
   14  person, personal representative, or heirs of the person against
   15  whom the force was used or threatened, unless the person against
   16  whom force was used or threatened is a law enforcement officer,
   17  as defined in s. 943.10(14), who was acting in the performance
   18  of his or her official duties and the officer identified himself
   19  or herself in accordance with any applicable law or the person
   20  using or threatening to use force knew or reasonably should have
   21  known that the person was a law enforcement officer. As used in
   22  this subsection, the term “criminal prosecution” includes
   23  arresting, detaining in custody, and charging or prosecuting the
   24  defendant.
   25         (2) A law enforcement agency may use standard procedures
   26  for investigating the use or threatened use of force as
   27  described in subsection (1), but the agency may not arrest the
   28  person for using or threatening to use force unless it
   29  determines that there is probable cause that the force that was
   30  used or threatened was unlawful.
   31         (3) The court shall award reasonable attorney’s fees, court
   32  costs, compensation for loss of income, and all expenses
   33  incurred by the defendant in defense of any civil action brought
   34  by a plaintiff if the court finds that the defendant is immune
   35  from liability prosecution as provided in subsection (1).
   36         (4) In a criminal prosecution, once a prima facie claim of
   37  self-defense immunity from criminal prosecution has been raised
   38  by the defendant at a pre-trial immunity hearing, the burden of
   39  proof by clear and convincing evidence shall be on the party
   40  seeking to overcome the immunity from criminal prosecution
   41  provided in subsection (1).
   42         Section 2. This act shall take effect upon becoming a law.
   43  
   44  ================= T I T L E  A M E N D M E N T ================
   45  And the title is amended as follows:
   46         Delete everything before the enacting clause
   47  and insert:
   48                        A bill to be entitled                      
   49         An act relating to justifiable use or threatened use
   50         of defensive force; amending s. 776.032, F.S.;
   51         providing that once a defendant raises a prima facie
   52         claim of self-defense immunity at a pre-trial hearing,
   53         the burden is on the prosecuting authority to overcome
   54         the immunity by clear and convincing evidence;
   55         providing an effective date.