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FL H1611
Bill
Status
Failed
6/16/2025
Primary Sponsor
Jessica Baker
Click for details
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