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by CaptDave
Thu Dec 01, 2005 12:36 pm
Forum: Goals for 2007
Topic: Cleared of criminal charge = No civil suit allowed
Replies: 14
Views: 5006

Actually, signed into law in April of 2005

Found a little more info:


Tuesday, April 26, 2005
Gov. Bush Signs Florida’s New “Castle Doctrine� Self-Defense Law


Fairfax, VA – Today, in a ceremony at the state capitol, Gov. Jeb Bush signed Florida’s “Castle Doctrine� (SB-436) into law. Sponsored by Senator Durell Peaden and Representative Dennis Baxley, the bill unanimously passed the Senate and overwhelmingly passed in the House, 94-20.

Prior to signing the National Rifle Association (NRA) supported bill, Gov. Jeb Bush stated, "It`s a good, commonsense, anti-crime issue."

The "Castle Doctrine" simply says that if a criminal breaks into your home, your occupied vehicle or your place of business, you may presume he is there to do bodily harm and you may use any force against him.

It also removes the “duty to retreat� if you are attacked in any place you have a right to be.

Furthermore, this law provides protection from criminal prosecution and civil litigation for those who defend themselves from criminal attack...." etc, etc....

(once again, bold italics mine)

For full article see: http://www.nraila.org/News/Read/Releases.aspx?ID=5685
by CaptDave
Thu Dec 01, 2005 12:33 pm
Forum: Goals for 2007
Topic: Cleared of criminal charge = No civil suit allowed
Replies: 14
Views: 5006

HighVelocity wrote:What if you're never charged? If you get no-billed by the grand jury can you then be sued in civil court?

This is the best I can do for now, from NRA-ILA:

BACKGROUND:

HB-249/SB-436 corrects a serious problem for citizens who chose to protect themselves in the face of attack by violent criminals.

This bill REMOVES the "duty to retreat" in the face of attack; it creates the presumption that an attacker or intruder intends to do great bodily harm and therefore force, including deadly force, may be used to protect yourself, your family and others in the face of attack; it prohibits prosecution for defending that which you have a right to defend and prohibits civil lawsuits by criminals or relatives of criminals when criminals are injured or killed while attacking law-abiding people.

(bold italics from Capt Dave)
by CaptDave
Thu Dec 01, 2005 1:24 am
Forum: Goals for 2007
Topic: Cleared of criminal charge = No civil suit allowed
Replies: 14
Views: 5006

Cleared of criminal charge = No civil suit allowed

How about this one for Texas in 2007

Florida has passed a law which states that a person cleared of criminal charges in a self defense shooting can not be sued or held liable in a civil suit for the same incident brought by surviving b.g. or family of the deceased b.g. who was shot.

So, if they find you "not guilty" in criminal court, you can't be sued for damages in civil court.

Sounds good to me.

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