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FL S0130
Bill
Status
5/2/2014
Primary Sponsor
Criminal Justice
Click for details
AI Summary
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Require county sheriffs and municipal police departments to issue reasonable guidelines for neighborhood crime watch programs, including prohibitions on patrol participants confronting or apprehending suspects except in circumstances where a reasonable person would be permitted to assist another person.
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Expand immunity from criminal prosecution and civil action for persons using justified force to include immunity from arrest, custody, or charging (in addition to prosecution), while preserving law enforcement agencies' authority to fully investigate uses of force.
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Require the state to bear the burden of proving by preponderance of the evidence that a defendant's use of force was unlawful during pretrial immunity hearings, with the judge deciding factual disputes and the defendant's testimony not admissible in subsequent proceedings except for impeachment.
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Clarify that immunity and other justifications for force are unavailable to aggressors, and specify that provocation justifying defensive force must include the use of force or threat of force.
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Add legislative intent statement that authorized use of force is not intended to encourage vigilantism, authorize confrontations as pretext for deadly force, or negate duty to retreat for those in unlawful mutual combat.
Legislative Description
Use of Deadly Force
Last Action
Died in Judiciary, companion bill(s) passed, see CS/CS/HB 89 (Ch. 2014-195)
5/2/2014