House Bill 0485

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







    Florida House of Representatives - 1999                 HB 485

        By Representative Hart






  1                      A bill to be entitled

  2         An act relating to criminal law; creating s.

  3         90.4051, F.S.; prohibiting consideration of

  4         evidence of a defendant's voluntary

  5         intoxication to determine the existence of a

  6         mental state that is an element of a crime;

  7         creating s. 775.0852, F.S.; requiring that an

  8         enhanced penalty be imposed if the victim of a

  9         felony is related by lineal consanguinity to

10         the defendant or is the defendant's legal

11         guardian; providing an effective date.

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13         WHEREAS, in Montana v. Egelhoff, 116 S.Ct. 2013 (1996),

14  the United States Supreme Court held that the Due Process

15  Clause of the Fourteenth Amendment was not violated by a

16  Montana law barring a jury in a criminal proceeding from

17  considering evidence of a defendant's voluntary intoxication

18  in determining the existence of a mental state that is an

19  element of a crime, and

20         WHEREAS, the court stated that a prohibition on such

21  evidence: accords with studies indicating that as many as half

22  of all homicides are committed by intoxicated offenders and

23  suggesting that drunks behave in accord with learned beliefs

24  that drunks are violent; deters drunkenness or irresponsible

25  behavior while drunk; ensures that persons incapable of

26  controlling violent impulses while intoxicated will go to

27  prison; and comports with and implements society's moral

28  perception that those who are voluntarily impaired shall be

29  responsible for the consequences of their impairment, and

30         WHEREAS, the Legislature finds that a prohibition on

31  such evidence advances the public interest in holding a

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






    Florida House of Representatives - 1999                 HB 485

    726-102-99






  1  defendant accountable for his or her criminal behavior, while

  2  also comporting with the defendant's right to due process of

  3  law, and

  4         WHEREAS, it is the intent of the Legislature to

  5  prohibit a jury from considering evidence of a defendant's

  6  voluntary intoxicated condition in determining whether he or

  7  she possesses the requisite mental state to commit the crime

  8  for which he or she is charged, NOW, THEREFORE,

  9

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

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12         Section 1.  Section 90.4051, Florida Statutes, is

13  created to read:

14         90.4051  Responsibility; intoxication.--

15         (1)  Notwithstanding s. 90.803 or any other law, a

16  person who is voluntarily in an intoxicated condition is

17  criminally responsible for his conduct. Voluntary intoxication

18  is not a defense to any offense and may not be taken into

19  consideration in determining the existence of a mental state

20  that is an element of the offense. If the defendant, outside

21  the presence of the jury, proves to the court by a

22  preponderance of the evidence that he or she did not know that

23  a substance was an intoxicating substance when he or she

24  consumed, smoked, inhaled, injected, or otherwise ingested the

25  intoxicating substance, the court may allow the evidence to be

26  submitted to the jury or considered by the court.

27         (2)  As used in this section, the term "intoxicating

28  substance" means a substance capable of producing

29  intoxication, and the term "intoxication" means a disturbance

30  of physical or mental capacities resulting from the

31  introduction of a substance into the body.

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






    Florida House of Representatives - 1999                 HB 485

    726-102-99






  1         Section 2.  Section 775.0852, Florida Statutes, is

  2  created to read:

  3         775.0852  Felony committed against a family member;

  4  enhanced penalties.--The penalty for any felony shall be

  5  reclassified as provided in this section if the victim of the

  6  felony is related by lineal consanguinity to the defendant or

  7  if the victim is the defendant's legal guardian.

  8         (1)  A felony of the third degree shall be punishable

  9  as if it were a felony of the second degree.

10         (2)  A felony of the second degree shall be punishable

11  as if it were a felony of the first degree.

12         (3)  A felony of the first degree shall be punishable

13  as if it were a life felony.

14         Section 3.  This act shall take effect July 1, 1999.

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17                          SENATE SUMMARY

18    Provides that voluntary intoxication is not a defense to
      any criminal charge and may not be taken into
19    consideration in determining the existence of a mental
      state that is an element of the offense. Provides for a
20    showing and introduction of evidence that the accused was
      unaware, at the time of its ingestion, that a substance
21    is intoxicating. Provides for the penalty imposed for a
      felony offense to be enhanced by one degree if the victim
22    of the felony is related by lineal consanguinity to the
      defendant or if the victim is the defendant's legal
23    guardian.

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