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FL H1611

Bill

Status

Failed

6/16/2025

Primary Sponsor

Jessica Baker

Click for details

Origin

House of Representatives

2025 Regular Session

AI Summary

  • Creates new section 782.073, Florida Statutes, establishing a rebuttable presumption in favor of the defense that an alleged victim's death was caused by a controlled substance rather than the defendant's actions
  • Applies only when the defendant is charged with second-degree murder (s. 782.04(2)) or manslaughter (s. 782.07(1))
  • Requires a forensic toxicology report showing a Schedule I controlled substance (under s. 893.03(1)) was present in the alleged victim's body at the time of death to trigger the presumption
  • Effectively shifts the burden to the prosecution to prove the victim's death was not the result of the Schedule I substance when such a substance is detected in toxicology
  • Effective date of July 1, 2025

Legislative Description

Rebuttable Presumption for Certain Deaths

Last Action

Died in Criminal Justice Subcommittee

6/16/2025

Committee Referrals

Criminal Justice Subcommittee3/5/2025

Full Bill Text

No bill text available