Florida House Bill 1505: Prosecution of Defendants

Florida · 2026 Regular Session

What it does

Specifies that it is defense to prosecution under any law that defendant, as result of mental disease or defect, lacked culpable mental state required as element of crime charged; specifies that mental disease or defect is not otherwise defense to prosecution under any law; removes affirmative defense to criminal prosecution that, at time of commission of acts constituting offense, defendant was insane; revises mitigating circumstance under which departure from lowest permissible sentence is reasonably justified; authorizes incorporation into convicted defendant's criminal sentence certain specialized treatment for mental health disease or defects; specifies that certain provisions do not prevent sentencing court from considering defendant's mental disease or defect when imposing sentence within permissible sentencing range.

Latest action

Died in Criminal Justice Subcommittee (2026-03-13)

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