| 1 | A bill to be entitled |
| 2 | An act relating to mentally deficient and mentally ill |
| 3 | defendants; amending s. 916.106, F.S.; defining the term |
| 4 | "traumatic brain injury"; revising the definition of the |
| 5 | term "mental illness"; providing an effective date. |
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| 7 | Be It Enacted by the Legislature of the State of Florida: |
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| 9 | Section 1. Subsection (13) of section 916.106, Florida |
| 10 | Statutes, is amended, and subsection (18) is added to that |
| 11 | section, to read: |
| 12 | 916.106 Definitions.-For the purposes of this chapter, the |
| 13 | term: |
| 14 | (13) "Mental illness" means an impairment of the emotional |
| 15 | processes that exercise conscious control of one's actions, or |
| 16 | of the ability to perceive or understand reality, which |
| 17 | impairment substantially interferes with a defendant's ability |
| 18 | to meet the ordinary demands of living and includes traumatic |
| 19 | brain injury. For the purposes of this chapter, the term does |
| 20 | not apply to defendants with only mental retardation or autism |
| 21 | and does not include intoxication or conditions manifested only |
| 22 | by antisocial behavior or substance abuse impairment. |
| 23 | (18) "Traumatic brain injury" means a form of acquired |
| 24 | brain injury that occurs when a sudden trauma causes damage to |
| 25 | the brain and a severe change in emotional, behavioral, and |
| 26 | cognitive functions. |
| 27 | Section 2. This act shall take effect July 1, 2011. |