House Bill 0381e1

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                                    CS/HB 381, First Engrossed/ntc



  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.






                                    CS/HB 381, First Engrossed/ntc



  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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