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FL H0245
Bill
Status
1/13/2017
Primary Sponsor
Judiciary Committee
Click for details
AI Summary
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Amends Florida Statute 776.032 to add a new subsection (4) establishing burden of proof requirements in self-defense immunity claims.
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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.
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The party challenging self-defense immunity must prove by clear and convincing evidence that the defendant is not entitled to immunity from criminal prosecution.
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Defines "criminal prosecution" to include arresting, detaining in custody, and charging or prosecuting the defendant.
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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