Florida Senate - 2017 SENATOR AMENDMENT
Bill No. CS for CS for SB 1052
Ì469012xÎ469012
LEGISLATIVE ACTION
Senate . House
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Floor: 1/F/2R .
04/06/2017 03:20 PM .
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Senator Rodriguez moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 10 - 22
4 and insert:
5 Section 1. Subsection (2) of section 776.012, Florida
6 Statutes, is amended to read:
7 776.012 Use or threatened use of force in defense of
8 person.—
9 (2) A person is justified in using or threatening to use
10 deadly force if he or she reasonably believes that using or
11 threatening to use such force is necessary to prevent imminent
12 death or great bodily harm to himself or herself or another or
13 to prevent the imminent commission of a forcible felony. A
14 person who uses or threatens to use deadly force in accordance
15 with this subsection does not have a duty to retreat and has the
16 right to stand his or her ground if the person using or
17 threatening to use the deadly force is not engaged in a criminal
18 activity, is not excluded under s. 776.041 from claiming that
19 the use or threatened use of deadly force was justified, and is
20 in a place where he or she has a right to be.
21 Section 2. Subsection (3) of section 776.013, Florida
22 Statutes, is amended to read:
23 776.013 Home protection; use or threatened use of deadly
24 force; presumption of fear of death or great bodily harm.—
25 (3) A person who is attacked in his or her dwelling,
26 residence, or vehicle has no duty to retreat and has the right
27 to stand his or her ground and use or threaten to use force,
28 including deadly force, if he or she uses or threatens to use
29 force in accordance with s. 776.012(1) or (2) or s. 776.031(1)
30 or (2), except that the condition imposed in those subsections,
31 which requires that the person using or threatening to use
32 deadly force not be engaged in a criminal activity, does not
33 apply to nonviolent misdemeanors.
34 Section 3. For the purpose of incorporating the amendments
35 made by this act to sections 776.012 and 776.013, Florida
36 Statutes, in references thereto, subsection (1) of section
37 776.032, Florida Statutes, is reenacted to read:
38 776.032 Immunity from criminal prosecution and civil action
39 for justifiable use or threatened use of force.—
40 (1) A person who uses or threatens to use force as
41 permitted in s. 776.012, s. 776.013, or s. 776.031 is justified
42 in such conduct and is immune from criminal prosecution and
43 civil action for the use or threatened use of such force by the
44 person, personal representative, or heirs of the person against
45 whom the force was used or threatened, unless the person against
46 whom force was used or threatened is a law enforcement officer,
47 as defined in s. 943.10(14), who was acting in the performance
48 of his or her official duties and the officer identified himself
49 or herself in accordance with any applicable law or the person
50 using or threatening to use force knew or reasonably should have
51 known that the person was a law enforcement officer. As used in
52 this subsection, the term “criminal prosecution” includes
53 arresting, detaining in custody, and charging or prosecuting the
54 defendant.
55
56 ================= T I T L E A M E N D M E N T ================
57 And the title is amended as follows:
58 Delete lines 3 - 6
59 and insert:
60 s. 776.012, F.S.; providing that a person who uses or
61 threatens to use deadly force does not have a duty to
62 retreat and has the right to stand his or her ground
63 if he or she is not otherwise excluded under s.
64 776.041, F.S., from claiming that the use or
65 threatened use of deadly force was justified; amending
66 s. 776.013, F.S.; deleting a requirement that a person
67 first be attacked in his or her dwelling, residence,
68 or vehicle before using or threatening to use force;
69 providing applicability; reenacting s. 776.032(1),
70 F.S., relating to immunity from criminal prosecution
71 and civil action for justifiable use or threatened use
72 of force, to incorporate the amendments made to ss.
73 776.012 and 776.013, F.S., in references thereto;
74 providing an effective date.