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FL S1156
Bill
Status
Failed
4/30/2021
Primary Sponsor
Jeffrey Brandes
Click for details
AI Summary
- Prohibits imposing a death sentence on a defendant convicted of a capital felony if the defendant had a serious mental illness at the time of the offense, as determined by clear and convincing evidence
- Defines "serious mental illness" as any mental diagnosis, disability, or defect that significantly impairs a person's capacity to appreciate the nature/wrongfulness of conduct, exercise rational judgment, or conform conduct to the law; excludes disorders manifested primarily by repeated criminal conduct or solely by acute effects of alcohol or drugs
- Requires defendants to file a written motion at least 90 days before trial and undergo testing/evaluation by court-appointed experts, with the state permitted to appoint its own expert and appeal any finding of serious mental illness
- Protects defendants by prohibiting the use of statements made during evaluations or pretrial hearings on the issue of guilt, and allows a diagnosis made after the date of the offense to still serve as evidence
- Allows persons already sentenced to death who have completed postconviction proceedings to file a successive petition alleging serious mental illness by July 1, 2022, with a finding resulting in vacating the death sentence and imposing life imprisonment without parole
Legislative Description
Serious Mental Illness as Bar to Execution
Last Action
Died in Judiciary
4/30/2021
Committee Referrals
Judiciary3/30/2021
Criminal Justice2/18/2021
Full Bill Text
No bill text available