Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 128
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       The Committee on Judiciary (Bradley) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 30 - 35
    4  and insert:
    5         (4) In a criminal prosecution, a defendant may file a
    6  pretrial motion claiming the right to the immunity from
    7  prosecution set forth in subsection (1). The motion must clearly
    8  state the reasons that the defendant is immune and allege the
    9  facts on which the claim of immunity is based. The court shall
   10  grant the motion after a pretrial hearing unless the state
   11  proves beyond a reasonable doubt that the defendant is not
   12  immune. If the motion is not granted, the motion and its
   13  contents are inadmissible at trial.
   14  ================= T I T L E  A M E N D M E N T ================
   15  And the title is amended as follows:
   16         Delete lines 3 - 6
   17  and insert:
   18         776.032, F.S.; providing that the state has the burden
   19         of proving that a defendant is not immune from
   20         prosecution under certain circumstances; providing an
   21         effective date.