House Bill 0381c1

    Florida House of Representatives - 1999              CS/HB 381

        By the Committee on Crime & Punishment and Representative
    J. Miller





  1                      A bill to be entitled

  2         An act relating to the criminal defense of

  3         insanity; creating s. 775.027, F.S.; providing

  4         requirements for establishment of insanity

  5         defense; defining "mental infirmity, disease,

  6         or defect"; specifying conditions that do not

  7         constitute legal insanity; providing that the

  8         defendant has the burden of proving the

  9         insanity defense by clear and convincing

10         evidence; providing an effective date.

11

12  Be It Enacted by the Legislature of the State of Florida:

13

14         Section 1.  Section 775.027, Florida Statutes, is

15  created to read:

16         775.027  Insanity defense.--

17         (1)  AFFIRMATIVE DEFENSE.--All persons are presumed to

18  be sane. It is an affirmative defense to a criminal

19  prosecution that, at the time of the commission of the acts

20  constituting the offense, the defendant was insane. Insanity

21  is established when:

22         (a)  The defendant had a mental infirmity, disease, or

23  defect; and

24         (b)  Because of this condition, the defendant:

25         1.  Did not know what he or she was doing or its

26  consequences; or

27         2.  Although the defendant knew what he or she was

28  doing and its consequences, the defendant did not know that

29  what he or she was doing was wrong.

30

31

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999              CS/HB 381

    189-874-99






  1  The term "mental infirmity, disease, or defect" as used in

  2  this subsection does not include disorders that result from

  3  acute voluntary intoxication or withdrawal from alcohol or

  4  drugs, character defects, psychosexual disorders, or

  5  irresistible impulse. Conditions that do not constitute legal

  6  insanity include, but are not limited to, moral decadence, an

  7  abnormality that is manifested only by criminal conduct, or

  8  diminished capacity. Mental infirmity, disease, or defect does

  9  not constitute a defense of insanity except as provided in

10  this subsection.

11         (2)  BURDEN OF PROOF.--The defendant has the burden of

12  proving the defense of insanity by clear and convincing

13  evidence.

14         Section 2.  This act shall take effect upon becoming a

15  law.

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  2