Senate Bill 2188
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 2188
By Senator Sebesta
20-874A-99
1 A bill to be entitled
2 An act relating to the criminal defense of
3 insanity; creating s. 775.027, F.S.; providing
4 requirements for establishment of insanity
5 defense; defining "mental infirmity, disease,
6 or defect"; specifying conditions that do not
7 constitute legal insanity; providing that the
8 defendant has the burden of proving the
9 insanity defense by clear and convincing
10 evidence; providing an effective date.
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12 Be It Enacted by the Legislature of the State of Florida:
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14 Section 1. Section 775.027, Florida Statutes, is
15 created to read:
16 775.027 Insanity defense.--
17 (1) AFFIRMATIVE DEFENSE.--All persons are presumed to
18 be sane. It is an affirmative defense to a criminal
19 prosecution that, at the time of the commission of the acts
20 constituting the offense, the defendant was insane. Insanity
21 is established when:
22 (a) The defendant had a mental infirmity, disease, or
23 defect; and
24 (b) Because of this condition, the defendant:
25 1. Did not know what he or she was doing or its
26 consequences; or
27 2. Although the defendant knew what he or she was
28 doing and its consequences, the defendant did not know that
29 what he or she was doing was wrong.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 2188
20-874A-99
1 The term "mental infirmity, disease, or defect" as used in
2 this subsection does not include disorders that result from
3 acute voluntary intoxication or withdrawal from alcohol or
4 drugs, character defects, psychosexual disorders, or
5 irresistible impulse. Conditions that do not constitute legal
6 insanity include, but are not limited to, momentary, temporary
7 conditions arising from the pressure of the circumstances;
8 moral decadence; an abnormality that is manifested only by
9 criminal conduct; diminished capacity; or depravity or passion
10 growing out of anger, jealousy, revenge, hatred, or other
11 motives in a person who does not suffer from a mental
12 infirmity, disease, or defect. Mental infirmity, disease, or
13 defect does not constitute a defense of insanity except as
14 provided in this subsection.
15 (2) BURDEN OF PROOF.--The defendant has the burden of
16 proving the defense of insanity by clear and convincing
17 evidence.
18 Section 2. This act shall take effect upon becoming a
19 law.
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22 SENATE SUMMARY
23 Prescribes requirements for the defense of insanity.
Imposes on the defendant the burden of proving the
24 defense by clear and convincing evidence.
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