Senate Bill sb0658

    Florida Senate - 2006                                   SB 658

    By Senator Wise





    5-606-06                                            See HB 147

  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 which 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,

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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 - 2006                                   SB 658
    5-606-06                                            See HB 147




 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 5  Procedure, is repealed to the extent that it is inconsistent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 passed by a two-thirds vote of the membership of

10  each house of the Legislature.

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