Florida Senate - 2014 COMMITTEE AMENDMENT Bill No. CS for SB's 130 & 122 Ì2199145Î219914 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/17/2014 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 30.60, Florida Statutes, is amended to 6 read: 7 30.60 Establishment of neighborhood crime watch programs.— 8 (1) A county sheriff or municipal police department may 9 establish neighborhood crime watch programs within the county or 10 municipality. The participants of a neighborhood crime watch 11 program shall include, but need not be limited to, residents of 12 the county or municipality and owners of businesses located 13 within the county or municipality. 14 (2) The county sheriff or municipal police department shall 15 issue reasonable guidelines for the operation of such programs. 16 The guidelines must include, but are not limited to, prohibiting 17 a neighborhood crime watch patrol participant, while on patrol, 18 from confronting or attempting to apprehend a person suspected 19 of improper or unlawful activity, subject, however, to those 20 circumstances in which a reasonable person would be permitted, 21 authorized, or expected to assist another person. 22 Section 2. Section 166.0485, Florida Statutes, is amended 23 to read: 24 166.0485 Establishment of neighborhood crime watch 25 programs.— 26 (1) A county sheriff or municipal police department may 27 establish neighborhood crime watch programs within the county or 28 municipality. The participants of a neighborhood crime watch 29 program shall include, but need not be limited to, residents of 30 the county or municipality and owners of businesses located 31 within the county or municipality. 32 (2) The county sheriff or municipal police department shall 33 issue reasonable guidelines for the operation of such programs. 34 The guidelines must include, but are not limited to, prohibiting 35 a neighborhood crime watch patrol participant, while on patrol, 36 from confronting or attempting to apprehend a person suspected 37 of improper or unlawful activity, subject, however, to those 38 circumstances in which a reasonable person would be permitted, 39 authorized, or expected to assist another person. 40 Section 3. Present subsection (1) of section 776.032, 41 Florida Statutes, is amended, subsections (2) and (3) are 42 renumbered as subsections (3) and (4), respectively, and a new 43 subsection (2) is added to that section, to read: 44 776.032 Immunity from criminal prosecution and civil action 45 for justifiable use of force.— 46 (1) A person who uses force as permitted in s. 776.012, s. 47 776.013, or s. 776.031 is justified in using such force and is 48 immune from criminal prosecution and civil action by the person, 49 personal representative, or heirs of the person, against whom 50 force was used for the use of such force, unless the person 51 against whom force was used is a law enforcement officer, as 52 defined in s. 943.10(14), who was acting in the performance of 53 his or her official duties and the officer identified himself or 54 herself in accordance with any applicable law or the person 55 using force knew or reasonably should have known that the person 56 was a law enforcement officer. As used in this subsection, the 57 term “criminal prosecution” includes arresting, taking into 58 custody, or
arresting, detaining in custody, andcharging or 59 prosecuting the defendant. This subsection does not restrict a 60 law enforcement agency’s authority and duty to fully and 61 completely investigate the use of force upon which an immunity 62 may be claimed or any event surrounding such use of force. 63 (2) A defendant is entitled to an evidentiary hearing on a 64 pretrial motion to dismiss an indictment or information by 65 making a prima facie showing of the justifiable use of force. 66 During the hearing, the state bears the burden of proving by a 67 preponderance of the evidence that the defendant’s use of force 68 was not lawful. For purposes of the motion, the judge shall 69 decide all factual disputes relating to the defendant’s use of 70 force, but any factual findings are not established for the 71 purposes of any subsequent trial. The defendant’s testimony is 72 not admissible in a subsequent hearing or trial except for the 73 purposes of impeachment. The denial of the defendant’s motion to 74 dismiss or any factual findings at the hearing do not preclude 75 the defendant from raising any defense or presenting any 76 evidence at trial. 77 Section 4. Section 776.041, Florida Statutes, is amended to 78 read: 79 776.041 Use of force by aggressor.—The justifications 80 justificationdescribed in the preceding sections of this 81 chapter, including, but not limited to, the immunity provided 82 for in s. 776.032, are isnot available to a person who: 83 (1) Is attempting to commit, committing, or escaping after 84 the commission of, a forcible felony; or 85 (2) Initially provokes the use of force against himself or 86 herself, unless: 87 (a) Such force is so great that the person reasonably 88 believes that he or she is in imminent danger of death or great 89 bodily harm and that he or she has exhausted every reasonable 90 means to escape such danger other than the use of force which is 91 likely to cause death or great bodily harm to the assailant; or 92 (b) In good faith, the person withdraws from physical 93 contact with the assailant and indicates clearly to the 94 assailant that he or she desires to withdraw and terminate the 95 use of force, but the assailant continues or resumes the use of 96 force. 97 98 For purposes of this subsection, provocation must include the 99 use of force or threat of force. 100 Section 5. Section 776.09, Florida Statutes, is created to 101 read: 102 776.09 Justifiable Use of Force; Legislative Intent.—The 103 use of force authorized by this chapter is not intended to 104 encourage vigilantism or acts of revenge, authorize the 105 initiation of a confrontation as a pretext to respond with 106 deadly force, or negate a duty to retreat for persons engaged in 107 unlawful mutual combat. 108 Section 6. This act shall take effect October 1, 2014. 109 110 111 ================= T I T L E A M E N D M E N T ================ 112 And the title is amended as follows: 113 Delete everything before the enacting clause 114 and insert: 115 A bill to be entitled 116 An act relating to the use of deadly force; amending 117 ss. 30.60 and 166.0485, F.S.; requiring the county 118 sheriff or municipal police department to issue 119 reasonable guidelines for the operation of 120 neighborhood crime watch programs; providing that the 121 guidelines are subject to reasonable exceptions; 122 amending s. 776.032, F.S.; providing that a person who 123 is justified in using force is immune from criminal 124 prosecution and civil action initiated by the person 125 against whom the force was used; revising the 126 definition of the term “criminal prosecution”; 127 clarifying that a law enforcement agency retains the 128 authority and duty to fully investigate the use of 129 force upon which an immunity may be claimed; providing 130 that during a pretrial immunity hearing, the state 131 bears the burden of proving by a preponderance of the 132 evidence that the defendant’s use of force was not 133 lawful; amending s. 776.041, F.S.; providing that any 134 reason, including immunity, used by an aggressor to 135 justify the use of force is not available to the 136 aggressor under specified circumstances; providing 137 that provocation justifying the use of defensive force 138 must include the use of force or the threat of the use 139 of force; creating s. 776.09, F.S.; providing 140 legislative intent relating to the justifiable use of 141 force; providing an effective date.