SESSION WATCH
Died HOUSE · SESSION 2026

No. HB 1539

Blood Testing Required Following Civilian-involved Shootings
Send via email
SPONSOR
Aristide
FILED BY
Wallace Aristide — District 107, Democrat [search donations]
EFFECTIVE
7/1/2026
DIED IN
Criminal Justice Subcommittee

Filed under Criminal Justice.

PROVIDED SUMMARY

Blood Testing Required Following Civilian-involved Shootings; Requires civilian to submit to test of his or her blood within certain timeframe after incident if he or she discharges firearm within this state resulting in injury or death; specifies procedure for testing; specifies consequences for refusing to submit to testing; provides for confidentiality & disclosure of test results; provides reporting requirements.

Full bill text →

Plain English Summary

AI-GENERATED
Mandates blood tests and penalizes refusal after civilian shootings.

Any civilian who fires a gun causing injury or death must submit to a blood test within two hours. This applies regardless of whether the discharge was intentional or accidental.

Refusing the test triggers administrative or criminal penalties. It also legally waives any claim of self-defense in future criminal or civil cases arising from that specific incident.

Blood results become part of the official investigative record. They may be disclosed once the investigation concludes, unless a court order or other law specifically prohibits that disclosure.

The Department of Law Enforcement must report annual testing data to state leadership. This includes the number of incidents, compliance rates, and recommendations for firearm safety improvements.

KEY PROVISIONS
§ 1 Mandatory Blood Testing majors. 790.402(2)

AICreates a legal duty for civilians to submit to a blood test within two hours of discharging a firearm that causes injury or death.

“such individual must submit to a test of his or her blood within 2 hours after the incident” bill text, line 32 →
§ 2 Self-Defense Waiver majors. 790.402(3)(c)

AIRefusing the blood test automatically waives the right to claim self-defense in any subsequent criminal or civil case.

“refusal is deemed a waiver of a claim of self-defense in any subsequent criminal or civil proceedings” bill text, line 47 →
§ 3 Administrative and Criminal Penalties majors. 790.402(3)(c)

AIRefusing the blood test creates grounds for both administrative and criminal penalties.

“Refusal to submit to testing pursuant to this section constitutes grounds for administrative or criminal penalties” bill text, line 45 →
§ 4 Civilian Definition moderates. 790.402(1)(a)

AIExcludes law enforcement, correctional officers, and armed forces members acting in an official capacity from the testing requirement.

“an individual who is not acting in an official capacity as a law enforcement officer” bill text, line 21 →
§ 5 Annual Reporting moderates. 790.402(5)

AIRequires the Department of Law Enforcement to report annually to state leadership on testing compliance and firearm safety recommendations.

“The Department of Law Enforcement shall submit an annual report by June 30 of each year” bill text, line 55 →
TIMELINE
3/13/2026
Died in Criminal Justice Subcommittee
1/15/2026
Now in Criminal Justice Subcommittee
1/15/2026
Referred to Judiciary Committee
1/15/2026
Referred to Criminal Justice Subcommittee
1/13/2026
1st Reading (Original Filed Version)
1/9/2026
Filed
STATUTES IT CHANGES
s. 790.402
+389 / −0