Senate Bill 0268er
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature SB 268, 2nd Engrossed
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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.
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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 Mental infirmity, disease, or defect does not constitute a
30 defense of insanity except as provided in this subsection.
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CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature SB 268, 2nd Engrossed
1 (2) BURDEN OF PROOF.--The defendant has the burden of
2 proving the defense of insanity by clear and convincing
3 evidence.
4 Section 2. This act shall take effect upon becoming a
5 law.
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