Florida HB 1505: Background Screenings

Bill Text

HB 1505 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1505-00
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A bill to be entitled 1
An act relating to the prosecution of defendants; 2
amending s. 775.027, F.S.; specifying that it is a 3
defense to a prosecution under any law that a 4
defendant, as a result of mental disease or defect, 5
lacked the culpable mental state required as an 6
element of the crime charged; specifying that mental 7
disease or defect is not otherwise a defense to a 8
prosecution under any law; deleting the affirmative 9
defense to a criminal prosecution that, at the time of 10
the commission of the acts constituting the offense, 11
the defendant was insane; deleting provisions for 12
establishing the affirmative defense; deleting a 13
provision relating to the burden of proof relating to 14
the affirmative defense; amending s. 916.12, F.S.; 15
requiring an expert examining a defendant's mental 16
competence to proceed to administer a clinically 17
recognized instrument to determine whether the 18
defendant is malingering and include the results in 19
his or her report; amending s. 921.0026, F.S.; 20
revising a mitigating circumstance under which a 21
departure from the lowest permissible sentence is 22
reasonably justified; creating s. 921.245, F.S.; 23
authorizing the incorporation into a convicted 24
defendant's criminal sentence certain specialized 25

HB 1505 2026

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treatment for mental health disease or defects; 26
prohibiting such treatment from providing a basis for 27
a sentencing court to depart from the lowest 28
permissible sentence; specifying that certain 29
provisions do not prevent a sentencing court from 30
considering a defendant's mental disease or defect 31
when imposing a sentence within the permissible 32
sentencing range; providing an effective date. 33
34
Be It Enacted by the Legislature of the State of Florida: 35
36
Section 1. Section 775.027, Florida Statutes, is amended 37
to read: 38
775.027 Insanity Defense of lack of culpable mental 39
state.— 40
(1) AFFIRMATIVE DEFENSE.—All persons are presumed to be 41
sane. It is a defense to a prosecution under any law that a 42
defendant, as a result of mental disease or defect, lacked the 43
culpable mental state required as an element of the crime 44
charged. Mental disease or defect is not otherwise a defense to 45
a prosecution under any law an affirmative defense to a criminal 46
prosecution that, at the time of the commission of the acts 47
constituting the offense, the defendant was insane. Insanity is 48
established when: 49
(a) The defendant had a mental infirmity, disease, or 50

HB 1505 2026

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defect; and 51
(b) Because of this condition, the defendant: 52
1. Did not know what he or she was doing or its 53
consequences; or 54
2. Although the defendant knew what he or she was doing 55
and its consequences, the defendant did not know that what he or 56
she was doing was wrong. 57
58
Mental infirmity, disease, or defect does not constitute a 59
defense of insanity except as provided in this subsection. 60
(2) BURDEN OF PROOF.—The defendant has the burden of 61
proving the defense of insanity by clear and convincing 62
evidence. 63
Section 2. Subsection (3) of section 916.12, Florida 64
Statutes, is amended to read: 65
916.12 Mental competence to proceed.— 66
(3) In considering the issue of competence to proceed, an 67
examining expert shall first consider and specifically include 68
in his or her report the defendant's capacity to: 69
(a) Appreciate the charges or allegations against the 70
defendant. 71
(b) Appreciate the range and nature of possible penalties, 72
if applicable, that may be imposed in the proceedings against 73
the defendant. 74
(c) Understand the adversarial nature of the legal 75

HB 1505 2026

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process. 76
(d) Disclose to counsel facts pertinent to the proceedings 77
at issue. 78
(e) Manifest appropriate courtroom behavior. 79
(f) Testify relevantly. 80
81
In addition, an examining expert shall administer a clinically 82
recognized instrument to determine whether the defendant is 83
malingering consider and include the results of this instrument 84
in his or her report, along with any other factor deemed 85
relevant by the expert. 86
Section 3. Paragraph (d) of subsection (2) of section 87
921.0026, Florida Statutes, is amended to read: 88
921.0026 Mitigating circumstances.—This section applies to 89
any felony offense, except any capital felony, committed on or 90
after October 1, 1998. 91