Posted April 6, 2017 1:23 pm by Comments

By Chris Eger

Lawmakers in Tallahassee this week gave approval to bills addressing stand your ground, open carry fines and guns on church property. (Photo: floridacapitol.myflorida.com)
A trio of measures tracked through the House on Wednesday including one that clarifies the state’s burden of proof in self-defense cases.
The burden of proof bill, SB 128, which expands justifiable homicide protections in Florida, was approved 74-39. The measure clarifies that the government, not the accused, has the burden of proof in a “stand your ground” immunity hearing. It now returns to the Senate, who passed it last month, where lawmakers there will have to approve the amendment.
The state legislature in 2005 passed a self-defense law that gave immunity from arrest, detainment, charging and prosecuting unless an investigation by the state reveals there was probable cause to believe the act was not, in fact, lawful self-defense. However, the Florida Supreme Court authorized prosecutors to use a special stand your ground hearing in which those under investigation must prove they are innocent rather than making the state prove guilt – and from there either apply charges and hold for trial or move to release.
Senate Bill 128 will reverse that process and holds that prosecutors will have to provide

Source: Guns.com

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