THE BILL ITSELF
HB 1505
Prosecution of Defendants
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A bill to be entitled
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An act relating to the prosecution of defendants;
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amending s. 775.027, F.S.; specifying that it is a
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defense to a prosecution under any law that a
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defendant, as a result of mental disease or defect,
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lacked the culpable mental state required as an
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element of the crime charged; specifying that mental
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disease or defect is not otherwise a defense to a
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prosecution under any law; deleting the affirmative
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defense to a criminal prosecution that, at the time of
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the commission of the acts constituting the offense,
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the defendant was insane; deleting provisions for
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establishing the affirmative defense; deleting a
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provision relating to the burden of proof relating to
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the affirmative defense; amending s. 916.12, F.S.;
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requiring an expert examining a defendant's mental
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competence to proceed to administer a clinically
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recognized instrument to determine whether the
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defendant is malingering and include the results in
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his or her report; amending s. 921.0026, F.S.;
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revising a mitigating circumstance under which a
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departure from the lowest permissible sentence is
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reasonably justified; creating s. 921.245, F.S.;
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authorizing the incorporation into a convicted
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defendant's criminal sentence certain specialized
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treatment for mental health disease or defects;
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prohibiting such treatment from providing a basis for
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a sentencing court to depart from the lowest
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permissible sentence; specifying that certain
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provisions do not prevent a sentencing court from
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considering a defendant's mental disease or defect
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when imposing a sentence within the permissible
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sentencing range; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 775.027, Florida Statutes, is amended
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to read:
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775.027 Insanity Defense of lack of culpable mental
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state.—
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(1) AFFIRMATIVE DEFENSE.—All persons are presumed to be
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sane. It is a defense to a prosecution under any law that a
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defendant, as a result of mental disease or defect, lacked the
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culpable mental state required as an element of the crime
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charged. Mental disease or defect is not otherwise a defense to
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a prosecution under any law an affirmative defense to a criminal
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prosecution that, at the time of the commission of the acts
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constituting the offense, the defendant was insane. Insanity is
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established when:
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(a) The defendant had a mental infirmity, disease, or
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defect; and
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(b) Because of this condition, the defendant:
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1. Did not know what he or she was doing or its
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consequences; or
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2. Although the defendant knew what he or she was doing
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and its consequences, the defendant did not know that what he or
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she was doing was wrong.
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Mental infirmity, disease, or defect does not constitute a
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defense of insanity except as provided in this subsection.
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(2) BURDEN OF PROOF.—The defendant has the burden of
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proving the defense of insanity by clear and convincing
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evidence.
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Section 2. Subsection (3) of section 916.12, Florida Statutes, is amended to read:
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916.12 Mental competence to proceed.—
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(3) In considering the issue of competence to proceed, an
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examining expert shall first consider and specifically include
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in his or her report the defendant's capacity to:
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(a) Appreciate the charges or allegations against the
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defendant.
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(b) Appreciate the range and nature of possible penalties,
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if applicable, that may be imposed in the proceedings against
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the defendant.
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(c) Understand the adversarial nature of the legal
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process.
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(d) Disclose to counsel facts pertinent to the proceedings
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at issue.
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(e) Manifest appropriate courtroom behavior.
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(f) Testify relevantly.
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In addition, an examining expert shall administer a clinically
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recognized instrument to determine whether the defendant is
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malingering consider and include the results of this instrument
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in his or her report, along with any other factor deemed
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relevant by the expert.
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Section 3. Paragraph (d) of subsection (2) of section
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921.0026, Florida Statutes, is amended to read:
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921.0026 Mitigating circumstances.—This section applies to
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any felony offense, except any capital felony, committed on or
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after October 1, 1998.
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(2) Mitigating circumstances under which a departure from
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the lowest permissible sentence is reasonably justified include,
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but are not limited to:
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(d) The defendant requires specialized treatment for a
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mental disorder that is unrelated to substance abuse or
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addiction or for a physical disability, and the defendant is
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amenable to treatment.
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Section 4. Section 921.245, Florida Statutes, is created
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to read:
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921.245 Mental health treatment for convicted defendants.—
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(1) If a convicted defendant requires specialized
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treatment for a mental disease or defect that is unrelated to
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substance abuse or addiction, and the defendant is amenable to
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treatment, such treatment may be incorporated into his or her
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criminal sentence, but the treatment may not provide a basis for
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a sentencing court to depart from the lowest permissible
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sentence established by the Criminal Punishment Code.
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(2) This section does not prevent a sentencing court from
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considering a defendant's mental disease or defect when imposing
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a sentence within the permissible sentencing range established
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by the Criminal Punishment Code.
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Section 5. This act shall take effect October 1, 2026.