Senate Bill 0268

    Florida Senate - 2000                                   SB 268

    By Senator Sebesta





    20-171-00

  1                      A bill to be entitled

  2         An act relating to the criminal defense of

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

  4         prescribing criteria for establishment of

  5         insanity defense; providing that the defendant

  6         has the burden of proving the insanity defense

  7         by clear and convincing evidence; providing an

  8         effective date.

  9

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

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12         Section 1.  Section 775.027, Florida Statutes, is

13  created to read:

14         775.027  Insanity defense.--

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

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

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

18  constituting the offense, the defendant was insane. Insanity

19  is established when:

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

21  defect; and

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

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

24  consequences; or

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

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

27  what he or she was doing was wrong.

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

30  this subsection does not include disorders that result from

31  acute voluntary intoxication or withdrawal from alcohol or

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






    Florida Senate - 2000                                   SB 268
    20-171-00




  1  drugs, character defects, psychosexual disorders, or

  2  irresistible impulse. Mental infirmity, disease, or defect

  3  does not constitute a defense of insanity except as provided

  4  in this subsection.

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

  6  proving the defense of insanity by clear and convincing

  7  evidence.

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

  9  law.

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12                          SENATE SUMMARY

13    Prescribes requirements for the defense of insanity.
      Imposes on the defendant the burden of proving the
14    defense by clear and convincing evidence.

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