House Bill 0485
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 1999                 HB 485
        By Representative Hart
  1                      A bill to be entitled
  2         An act relating to criminal law; creating s.
  3         90.4051, F.S.; prohibiting consideration of
  4         evidence of a defendant's voluntary
  5         intoxication to determine the existence of a
  6         mental state that is an element of a crime;
  7         creating s. 775.0852, F.S.; requiring that an
  8         enhanced penalty be imposed if the victim of a
  9         felony is related by lineal consanguinity to
10         the defendant or is the defendant's legal
11         guardian; providing an effective date.
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13         WHEREAS, in Montana v. Egelhoff, 116 S.Ct. 2013 (1996),
14  the United States Supreme Court held that the Due Process
15  Clause of the Fourteenth Amendment was not violated by a
16  Montana law barring a jury in a criminal proceeding from
17  considering evidence of a defendant's voluntary intoxication
18  in determining the existence of a mental state that is an
19  element of a crime, and
20         WHEREAS, the court stated that a prohibition on such
21  evidence: accords with studies indicating that as many as half
22  of all homicides are committed by intoxicated offenders and
23  suggesting that drunks behave in accord with learned beliefs
24  that drunks are violent; deters drunkenness or irresponsible
25  behavior while drunk; ensures that persons incapable of
26  controlling violent impulses while intoxicated will go to
27  prison; and comports with and implements society's moral
28  perception that those who are voluntarily impaired shall be
29  responsible for the consequences of their impairment, and
30         WHEREAS, the Legislature finds that a prohibition on
31  such evidence advances the public interest in holding a
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CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 1999                 HB 485
    726-102-99
  1  defendant accountable for his or her criminal behavior, while
  2  also comporting with the defendant's right to due process of
  3  law, and
  4         WHEREAS, it is the intent of the Legislature to
  5  prohibit a jury from considering evidence of a defendant's
  6  voluntary intoxicated condition in determining whether he or
  7  she possesses the requisite mental state to commit the crime
  8  for which he or she is charged, NOW, THEREFORE,
  9
10  Be It Enacted by the Legislature of the State of Florida:
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12         Section 1.  Section 90.4051, Florida Statutes, is
13  created to read:
14         90.4051  Responsibility; intoxication.--
15         (1)  Notwithstanding s. 90.803 or any other law, a
16  person who is voluntarily in an intoxicated condition is
17  criminally responsible for his conduct. Voluntary intoxication
18  is not a defense to any offense and may not be taken into
19  consideration in determining the existence of a mental state
20  that is an element of the offense. If the defendant, outside
21  the presence of the jury, proves to the court by a
22  preponderance of the evidence that he or she did not know that
23  a substance was an intoxicating substance when he or she
24  consumed, smoked, inhaled, injected, or otherwise ingested the
25  intoxicating substance, the court may allow the evidence to be
26  submitted to the jury or considered by the court.
27         (2)  As used in this section, the term "intoxicating
28  substance" means a substance capable of producing
29  intoxication, and the term "intoxication" means a disturbance
30  of physical or mental capacities resulting from the
31  introduction of a substance into the body.
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CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 1999                 HB 485
    726-102-99
  1         Section 2.  Section 775.0852, Florida Statutes, is
  2  created to read:
  3         775.0852  Felony committed against a family member;
  4  enhanced penalties.--The penalty for any felony shall be
  5  reclassified as provided in this section if the victim of the
  6  felony is related by lineal consanguinity to the defendant or
  7  if the victim is the defendant's legal guardian.
  8         (1)  A felony of the third degree shall be punishable
  9  as if it were a felony of the second degree.
10         (2)  A felony of the second degree shall be punishable
11  as if it were a felony of the first degree.
12         (3)  A felony of the first degree shall be punishable
13  as if it were a life felony.
14         Section 3.  This act shall take effect July 1, 1999.
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17                          SENATE SUMMARY
18    Provides that voluntary intoxication is not a defense to
      any criminal charge and may not be taken into
19    consideration in determining the existence of a mental
      state that is an element of the offense. Provides for a
20    showing and introduction of evidence that the accused was
      unaware, at the time of its ingestion, that a substance
21    is intoxicating. Provides for the penalty imposed for a
      felony offense to be enhanced by one degree if the victim
22    of the felony is related by lineal consanguinity to the
      defendant or if the victim is the defendant's legal
23    guardian.
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