Republican legislation to make prosecutors prove a defendant did not fire a gun in self-defense under the state's controversial "stand your ground" law is on a fast track to passage.
The bill passed a key Senate committee this week.
- SB 128 shifts burden of proof in 'stand your ground' law to prosecutors
- Right now, a person must prove they shot in self-defense under SYG
- Bill is on a fast track through Legislature by Republican leaders
The measure, SB 128, would shift the burden of proof in stand-your-ground cases to prosecutors. The Supreme Court in 2015 ruled that defendants must prove their use of lethal force was a legitimate means of self-defense, entitling them to immunity from prosecution under the law.
"All this bill does is put the burden of proof back on the state, where it belongs, so that once again a person who uses self-defense is innocent until proven guilty," United Sportsmen of Florida President Marion Hammer testified Thursday before the Senate Rules Committee. "Anytime the state charges you with a crime, they have the burden to prove you committed the crime."
The proposal failed to pass the legislature in 2016, with gun control advocates warning it would effectively diminish the threat of prosecution in shooting incidents, leading more gun-wielding Floridians to make rash life-and-death decisions. The same arguments are being made this year, despite the gun lobby's improved post-election standing.
"This is not something that we need," said Sen. Perry Thurston (D-Fort Lauderdale). "You know, in the medical field, they say, 'first do no harm.' This bill is going to do substantial harm. I would urge my colleagues not to vote for this."
The Senate bill, as well as its companion bill in the House, have been fast-tracked by the legislature's Republican leaders. Florida's annual legislative session begins March 7.