HB 147

1
2	A bill to be entitled
3	An act relating to criminal prosecutions; creating s.
4	918.19, F.S.; prescribing rights of the prosecution in
5	closing arguments; repealing Rule 3.250, Florida Rules of
6	Criminal Procedure, relating to the accused as a witness
7	and being entitled to concluding arguments before the
8	jury, to the extent of inconsistency with the act;
9	providing an effective date.
10
11	WHEREAS, the common law rule in criminal and civil cases
12	granted the right to final closing argument to the party bearing
13	the burden of proof, and
14	WHEREAS, the state has the burden of proving guilt beyond a
15	reasonable doubt in criminal cases, and
16	WHEREAS, the Federal Rules of Criminal Procedure grant the
17	right to final closing argument to the party which bears the
18	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:
25
26	Section 1.  Section 918.19, Florida Statutes, is created to
27	read:
28	918.19  Closing argument.--As provided in the common law,
29	in criminal prosecutions after the closing of evidence:
30	(1)  The prosecuting attorney shall open the closing
31	arguments.
32	(2)  The accused or the attorney for the accused may reply.
33	(3)  The prosecuting attorney may reply in rebuttal.
34
35	The method set forth in this section shall control unless the
36	Supreme Court determines it is procedural and issues a
37	substitute rule of criminal procedure.
38	Section 2.  Rule 3.250, Florida Rules of Criminal
39	Procedure, is repealed to the extent that it is inconsistent
40	with this act.
41	Section 3.  This act shall take effect October 1, 2006,
42	except that section 2 of this act shall take effect only if this
43	act passed by a two-thirds vote of the membership of each house
44	of the Legislature.

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