Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. SB 1950

429094

CHAMBER ACTION

Senate

Comm: RCS

3/26/2008

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House



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The Committee on Children, Families, and Elder Affairs (Rich)

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recommended the following amendment:

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     Senate Amendment (with title amendment)

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     Delete line(s) 39-64

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and insert:

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     Section 2.  Subsection (2) of section 916.301, Florida

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Statutes, is amended to read:

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     916.301  Appointment of experts.--

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     (2)  If a defendant's suspected mental condition is

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retardation or autism, the court shall appoint the following:

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     (a)  At least one, or at the request of any party, two

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experts to evaluate whether the defendant meets the definition of

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retardation or autism and, if so, whether the defendant is

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competent to proceed; and.

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     (b)  A psychologist selected by the agency who is licensed

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or authorized by law to practice in this state, with experience

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in evaluating persons suspected of having retardation or autism,

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and a social service professional, with experience in working

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with persons with retardation or autism.

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     1.  The psychologist shall evaluate whether the defendant

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meets the definition of retardation or autism and, if so, whether

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the defendant is incompetent to proceed due to retardation or

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autism.

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     2.  The social service professional shall provide a social

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and developmental history of the defendant.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete line(s) 5-8

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and insert:

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"retardation"; amending s. 916.301, F.S.; revising

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requirements regarding the appointment of experts if a

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defendant's suspected mental condition is retardation or

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autism;

3/25/2008  10:32:00 AM     34-05652A-08

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