Florida Senate - 2011                                     SB 834
       
       
       
       By Senator Wise
       
       
       
       
       5-01507-11                                             2011834__
    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
    4         term “traumatic brain injury”; revising the definition
    5         of the term “mental illness”; providing an effective
    6         date.
    7  
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Subsection (13) of section 916.106, Florida
   11  Statutes, is amended, and subsection (18) is added to that
   12  section, to read:
   13         916.106 Definitions.—For the purposes of this chapter, the
   14  term:
   15         (13) “Mental illness” means an impairment of the emotional
   16  processes that exercise conscious control of one’s actions, or
   17  of the ability to perceive or understand reality, which
   18  impairment substantially interferes with a defendant’s ability
   19  to meet the ordinary demands of living and includes traumatic
   20  brain injury. For the purposes of this chapter, the term does
   21  not apply to defendants with only mental retardation or autism
   22  and does not include intoxication or conditions manifested only
   23  by antisocial behavior or substance abuse impairment.
   24         (18) “Traumatic brain injury” means a form of acquired
   25  brain injury that occurs when a sudden trauma causes damage to
   26  the brain and a severe change in emotional, behavioral, and
   27  cognitive functions.
   28         Section 2. This act shall take effect July 1, 2011.