Senate Bill 0268e1
CODING: Words stricken are deletions; words underlined are additions.
SB 268 First Engrossed (ntc)
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:
11
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.
28
29 The term "mental infirmity, disease, or defect" as used in
30 this subsection does not include disorders that result from
31 voluntary intoxication or withdrawal from alcohol or drugs,
1
CODING: Words stricken are deletions; words underlined are additions.
SB 268 First Engrossed (ntc)
1 character defects, psychosexual disorders, or irresistible
2 impulse. Mental infirmity, disease, or defect does not
3 constitute a defense of insanity except as provided in this
4 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.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
2