A bill to shift the burden of proof in “Stand Your Ground” cases passed its second committee stop Tuesday and now only has one more committee to go until it heads to the Florida Senate.
The Senate Judiciary Committee passed SB 128, sponsored by Sen. Rob Bradley, R-Fleming Island, by a vote of 5-4.
The bill will now head to the Senate Rules Committee for 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 received strong support from conservatives and with pro-gun groups, which say the bill protects the Second Amendment rights for gun owners.
Senate President Joe Negron, R-Stuart, heaped praise on the committee’s decision.
“The Senate passed legislation to clarify this critical constitutional issue last year, and I am pleased to see Senator Bradley’s bill advance again today,” said Negron. “If the State of Florida is going to accuse a citizen of committing a crime, the State of Florida should have the burden of proof at each and every part of the proceeding to prove guilt beyond the exclusion of every reasonable doubt.”
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 has the beginnings of what it needs to become a 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.
Sunshine State News contacted Bradley for comment but had not received a response at the time of this article's release.
The 2017 legislative session begins in March.
Reach reporter Allison Nielsen by email at allison@sunshinestatenews.com or follow her on Twitter: @AllisonNielsen.
