TALLAHASSEE, Fla. — Florida’s “stand your ground” law, a source of contention for years, could soon provide even more protection to people who invoke it. Some lawmakers want to make prosecutors prove a defendant wasn’t acting in self-defense before proceeding to trial.

Florida has been a leader in giving citizens immunity in cases of self-defense, with its “stand your ground” law serving as an emotional point of debate after several high-profile shooting deaths, including that of unarmed black teenager Trayvon Martin.

While at least 22 states have similar laws that say people can use force – even deadly force – to defend themselves from threats, Florida could soon be alone shifting the burden of proof to prosecutors.

Republican Sen. Rob Bradley says his bill “isn’t a novel concept.”

“We have a tradition in our criminal justice system that the burden of proof is with the government from the beginning of the case to the end,” he said.

Florida’s Supreme Court has ruled that the burden of proof is on defendants during self-defense immunity hearings. That’s the practice around the country.

According to a legislative staff analysis of Bradley’s bill, only four states mention burden of proof in their “stand your ground” laws – Alabama, Colorado, Georgia and South Carolina – and all place the burden on defendants.

Bradley’s bill died last year but now its chances are improving: It’s ready for a full Senate vote when the session begins next week, and one of two House committees assigned to hear it has approved it.

Democrats are opposing the bill, but have little leverage to stop it in a legislature dominated by Republicans and with a Republican governor.


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