The Senate Rules Committee passed a bill to shift the burden of proof in Stand Your Ground cases on Thursday, the bill's final stop before it heads to the Senate for debate.
The Senate Rules Committee passed SB 128, sponsored by Sen. Rob Bradley, R-Fleming Island, by a vote of 8-2.
The bill will now head to the Senate for debate and approval.
If passed, the proposal would give defendants more protection from prosecution in “Stand Your Ground” cases by requiring prosecutors to prove “beyond a reasonable doubt” whether a defendant is entitled to immunity at a pretrial hearing in order to disprove a claim of self-defense immunity.
The legislation would flip the responsibility onto the prosecutor to prove why a defendant shouldn’t be allowed to use the Stand Your Ground defense in court.
The bill has gathered significant attention around the state, particularly from those who say the bill is necessary to uphold Second Amendment freedoms.
Some of the biggest names in Stand Your Ground cases appeared at Thursday's meeting to support the bill, including Marissa Alexander, a Florida woman who faced 60 years in prison after firing a warning shot to her abusive husband in 2010. Alexander used the Stand Your Ground defense in her case, but was given a mandatory 20 year prison sentence. She was released in 2015 after striking a plea deal.
The bill has received also strong support from conservatives and with pro-gun groups, which say the bill protects the Second Amendment rights for gun owners.
IOpponents, however, say the bill will cause more problems for Floridians.
"This bill will do substantial harm," said Sen. Perry Thurston, D-Plantation, urging his fellow senators to vote against the measure.
Rep. Bobby Payne, R-Palatka filed the companion legislation (HB 245) to shift the burden of proof in self-defense cases earlier this month. Now with joint legislation, the bill is well on its way to becoming law in Florida.
Bradley filed identical legislation during last year’s legislative session and the bill’s future seemed promising initially. The measure had a relatively easy time making its way through the Senate, but it did not fare as well in the House, where it stalled out in the House Justice Committee, flopping due to a 6-6 vote.
The measure came on the heels of a Florida Supreme Court last summer which ruled defendants would be responsible for the burden of proof showing they shouldn’t be prosecuted in “Stand Your Ground” cases.
The 2017 legislative session begins March 7.
This is a breaking story. Check back for updates.
Reach reporter Allison Nielsen by email at allison@sunshinestatenews.com or follow her on Twitter: @AllisonNielsen.
