Parkinson bill aims to expand Castle Doctrine law

Defending yourself on your property outside of your home -- one senator is hoping to make that a reality with new legislation being proposed this week to strengthen the island’s castle doctrine law.

It’s situations like these that can leave home and property owners having to defend their actions before a judge.

A video captured last October of a homeowner catching a suspected thief in the act. The man heard yelling in the video was not charged for trying to protect his belongings.

But, there have been other cases, according to senator William Parkinson.

"There have been issues in the past where somebody may have been trying to defend themselves in their carport from an intruder, but because that’s not covered under Castle Doctrine, the law was not useful for them as a defense in court," he said. 

The castle law allows homeowners to defend themselves, even using deadly force against intruders.

"I had found that there was some issues in terms of applicability on how it could actually be used for defendants to defense themselves in court," 

Parkinson said if you own it and it’s on your land – you should have the right to defend yourself.

"Castle defense doesn’t begin at the castle, it begins at the moat," he said. 

This week, he introduced Bill 39 to expand the area the law already covers.

"Curtilage is property that belongs to you but that is not the house itself, so this includes things like carports, your back yard, your fence line, in your front yard, your outdoor kitchens," Parkinson said. 

He adds the legislation also adopts provisions of Florida's stand-your-ground law regarding pre-trial hearings to better execute the castle doctrine.

Parkinson cited that under Florida’s law, a defendant is entitled to an immunity hearing by filing a motion that clearly states the reasons the defendant is immune. 

"I shouldn’t have to wait until somebody come into my house before I begin defending myself," he said. 

A proposal he says to arm the community and allow them to feel safer.