CS for SB 128 First Engrossed (ntc) 2017128e1 1 A bill to be entitled 2 An act relating to self-defense immunity; amending s. 3 776.032, F.S.; providing that the state has the burden 4 of proving that a defendant is not immune from 5 prosecution under certain circumstances; providing an 6 effective date. 7 8 Be It Enacted by the Legislature of the State of Florida: 9 10 Section 1. Subsection (1) of section 776.032, Florida 11 Statutes, is republished, and subsection (4) is added to that 12 section, to read: 13 776.032 Immunity from criminal prosecution and civil action 14 for justifiable use or threatened use of force.— 15 (1) A person who uses or threatens to use force as 16 permitted in s. 776.012, s. 776.013, or s. 776.031 is justified 17 in such conduct and is immune from criminal prosecution and 18 civil action for the use or threatened use of such force by the 19 person, personal representative, or heirs of the person against 20 whom the force was used or threatened, unless the person against 21 whom force was used or threatened is a law enforcement officer, 22 as defined in s. 943.10(14), who was acting in the performance 23 of his or her official duties and the officer identified himself 24 or herself in accordance with any applicable law or the person 25 using or threatening to use force knew or reasonably should have 26 known that the person was a law enforcement officer. As used in 27 this subsection, the term “criminal prosecution” includes 28 arresting, detaining in custody, and charging or prosecuting the 29 defendant. 30 (4) In a criminal prosecution, a defendant may file a 31 pretrial motion claiming the right to the immunity from 32 prosecution set forth in subsection (1). The motion must clearly 33 state the reasons that the defendant is immune and allege the 34 facts on which the claim of immunity is based. The court shall 35 grant the motion after a pretrial hearing unless the state 36 proves beyond a reasonable doubt that the defendant is not 37 immune. 38 Section 2. This act shall take effect upon becoming a law.