HB 1149

1	A bill to be entitled
2	An act relating to criminal prosecutions; creating s.
3	918.19, F.S.; prescribing rights of the prosecution in
4	closing arguments; repealing Rule 3.250, Florida Rules of
5	Criminal Procedure, relating to the accused as a witness
6	and being entitled to concluding arguments before the
7	jury, to the extent of inconsistency with the act;
8	providing an effective date.
9
10	WHEREAS, the common law rule in criminal and civil cases
11	granted the right to final closing argument to the party bearing
12	the burden of proof, and
13	WHEREAS, the state has the burden of proving guilt beyond a
14	reasonable doubt in criminal cases, and
15	WHEREAS, the Federal Rules of Criminal Procedure grant the
16	right to final closing argument to the party which bears the
17	burden of proof, and
18	WHEREAS, other states follow the common law rule in
19	granting the right to final closing argument to the party
20	bearing the burden of proof in civil and criminal cases, NOW,
21	THEREFORE,
22
23	Be It Enacted by the Legislature of the State of Florida:
24
25	Section 1.  Section 918.19, Florida Statutes, is created to
26	read:
27	918.19  Closing argument.--As provided in the common law,
28	in criminal prosecutions after the closing of evidence:
29	(1)  The prosecuting attorney shall open the closing
30	arguments.
31	(2)  The accused or the attorney for the accused may reply.
32	(3)  The prosecuting attorney may reply in rebuttal.
33	Section 2.  Rule 3.250, Florida Rules of Criminal
34	Procedure, is hereby repealed to the extent it is inconsistent
35	with this act.
36	Section 3.  This act shall take effect upon becoming a law,
37	except that section 2 of this act shall take effect only if this
38	act passed by a two-thirds vote of the membership of each house
39	of the Legislature.

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