Senate Bill sb0576

    Florida Senate - 2005                                   SB 576

    By Senator Crist





    12-601-05

  1                      A bill to be entitled

  2         An act relating to criminal prosecutions;

  3         creating s. 918.19, F.S.; prescribing rights of

  4         the prosecution in closing arguments; repealing

  5         Rule 3.250, Florida Rules of Criminal

  6         Procedure, relating to the accused as a witness

  7         and being entitled to concluding arguments

  8         before the jury, to the extent of inconsistency

  9         with the act; providing an effective date.

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11         WHEREAS, the common law rule in criminal and civil

12  cases granted the right to final closing argument to the party

13  bearing the burden of proof, and

14         WHEREAS, the state has the burden of proving guilt

15  beyond a reasonable doubt in criminal cases, and

16         WHEREAS, the Federal Rules of Criminal Procedure grant

17  the right to final closing argument to the party that bears

18  the burden of proof, and

19         WHEREAS, other states follow the common law rule in

20  granting the right to final closing argument to the party

21  bearing the burden of proof in civil and criminal cases, NOW,

22  THEREFORE,

23  

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

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26         Section 1.  Section 918.19, Florida Statutes, is

27  created to read:

28         918.19  Closing argument.--As provided in the common

29  law, in criminal prosecutions after the closing of evidence:

30         (1)  The prosecuting attorney shall open the closing

31  arguments.

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






    Florida Senate - 2005                                   SB 576
    12-601-05




 1         (2)  The accused or the attorney for the accused may

 2  reply.

 3         (3)  The prosecuting attorney may reply in rebuttal.

 4         Section 2.  Rule 3.250, Florida Rules of Criminal

 5  Procedure, is repealed to the extent that it is inconsistent

 6  with this act.

 7         Section 3.  This act shall take effect upon becoming a

 8  law, except that section 2 of this act shall take effect only

 9  if this act is enacted by a two-thirds vote of the membership

10  of each house of the Legislature.

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13                          SENATE SUMMARY

14    Prescribes the right of the state attorney to present the
      final closing argument in a criminal trial. Repeals Rule
15    3.250, Florida Rules of Criminal Procedure, relating to
      the accused as a witness and being entitled to concluding
16    arguments before the jury, to the extent that the rule is
      inconsistent with the act.
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CODING: Words stricken are deletions; words underlined are additions.