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FL H0787

Bill

Status

Failed

5/3/2019

Primary Sponsor

Shevrin Jones

Click for details

Origin

House of Representatives

2019 Regular Session

AI Summary

  • Raises the burden of proof required to overcome self-defense immunity from criminal prosecution to "clear and convincing evidence" instead of the previous standard once a defendant raises a prima facie claim at a pretrial immunity hearing.

  • Denies self-defense immunity to aggressors as defined in Florida Statute 776.041.

  • Amends the justified use of force standard to require that "a reasonably cautious and prudent person in the same circumstances would objectively believe" the defendant's use of force was necessary, replacing language about what the defendant "reasonably believes."

  • Applies the revised objective reasonableness standard to both nondeadly force in self-defense and deadly force in self-defense under sections 776.012 and 776.013.

  • Takes effect July 1, 2019.

Legislative Description

Self-Defense Immunity

Last Action

Died in Criminal Justice Subcommittee

5/3/2019

Committee Referrals

Criminal Justice Subcommittee2/20/2019

Full Bill Text

No bill text available