House Bill 0421

    Florida House of Representatives - 1999                 HB 421

        By Representative Lacasa






  1                      A bill to be entitled

  2         An act relating to evidence; creating s.

  3         90.959, F.S.; providing that evidence of

  4         voluntary intoxication is not admissible for

  5         certain purposes; providing an exception;

  6         providing an effective date.

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

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10         Section 1.  Section 90.959, Florida Statutes, is

11  created to read:

12         90.959  Voluntary intoxication; not a defense; evidence

13  not admissible for certain purposes; exception.--Voluntary

14  intoxication resulting from the consumption, injection, or

15  other use of alcohol or other controlled substance as

16  described in chapter 893 is not a defense to any offense

17  proscribed by law.  Evidence of a defendant's voluntary

18  intoxication is not admissible to show that the defendant

19  lacked the specific intent to commit an offense and is not

20  admissible to show that the defendant was insane at the time

21  of the offense, except when the consumption, injection, or use

22  of a controlled substance under chapter 893 was pursuant to a

23  lawful prescription issued by a practitioner as defined in s.

24  893.02.

25         Section 2.  This act shall take effect October 1, 1999.

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






    Florida House of Representatives - 1999                 HB 421

    574-143-99






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  2                          HOUSE SUMMARY

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      Provides that voluntary intoxication from the
  4    consumption, injection, or other use of alcohol or
      controlled substances as described in ch. 893, F.S., is
  5    not a defense to any offense committed under the Florida
      Statutes.  Provides that evidence of a defendant's
  6    voluntary intoxication is not admissible to show that the
      defendant lacked the specific intent to commit an offense
  7    and is not admissible to show that the defendant was
      insane at the time of the offense, except when the
  8    consumption, injection, or other use of a controlled
      substance was pursuant to a lawful prescription issued by
  9    a licensed practitioner.

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