Senate Bill 0902

    Florida Senate - 1999                                   SB 902

    By Senator Silver





    38-368-99

  1                      A bill to be entitled

  2         An act relating to criminal prosecutions;

  3         providing that voluntary intoxication is not a

  4         defense to prosecution for an offense;

  5         providing exceptions; providing an effective

  6         date.

  7

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

  9

10         Section 1.  Voluntary intoxication resulting from the

11  consumption, ingestion, or other use of alcohol or of

12  controlled substances as defined in section 893.02, Florida

13  Statutes, is not a defense to a prosecution for any criminal

14  offense. Evidence of a defendant's voluntary intoxication is

15  not admissible to show that the defendant lacked the specific

16  intent to commit an offense and is not admissible to show that

17  the defendant was insane at the time of the offense, except

18  when the consumption, injection, or other use of a controlled

19  substance was pursuant to a lawful prescription issued by a

20  practitioner as defined in section 893.02, Florida Statutes.

21         Section 2.  This act shall take effect July 1, 1999.

22

23            *****************************************

24                          SENATE SUMMARY

25    Removes voluntary intoxication through consumption,
      ingestion, or other use of alcohol or controlled
26    substances as a defense in a prosecution for a criminal
      offense, and provides that evidence of voluntary
27    intoxication is inadmissible to show insanity or lack of
      intent unless the controlled substance was consumed,
28    ingested, or used pursuant to a prescription by a medical
      practitioner.
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