ENROLLED 2017 Legislature CS for SB 128, 2nd Engrossed 2017128er 1 2 An act relating to self-defense immunity; amending s. 3 776.032, F.S.; requiring that the burden of proof in a 4 criminal prosecution be on the party seeking to 5 overcome the immunity claim under certain 6 circumstances; providing an 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, once a prima facie claim of 31 self-defense immunity from criminal prosecution has been raised 32 by the defendant at a pretrial immunity hearing, the burden of 33 proof by clear and convincing evidence is on the party seeking 34 to overcome the immunity from criminal prosecution provided in 35 subsection (1). 36 Section 2. This act shall take effect upon becoming a law.