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FL H0245

Bill

Status

Introduced

1/13/2017

Primary Sponsor

Judiciary Committee

Click for details

Origin

House of Representatives

2017 Regular Session

AI Summary

  • Amends Florida Statute 776.032 to add a new subsection (4) establishing burden of proof requirements in self-defense immunity claims.

  • Once a defendant raises a prima facie claim of self-defense immunity at a pretrial immunity hearing, the burden of proof shifts to the party seeking to overcome the immunity.

  • The party challenging self-defense immunity must prove by clear and convincing evidence that the defendant is not entitled to immunity from criminal prosecution.

  • Defines "criminal prosecution" to include arresting, detaining in custody, and charging or prosecuting the defendant.

  • Takes effect upon becoming law.

Legislative Description

Self-Defense Immunity

Last Action

Laid on Table, companion bill(s) passed, see CS/SB 128 (Ch. 2017-72)

4/4/2017

Committee Referrals

Judiciary2/22/2017
Criminal Justice Subcommittee1/25/2017

Full Bill Text

No bill text available