Senate Bill 1240

    Florida Senate - 1998                                 SJR 1240

    By Senators Burt and Dudley





    16-1142-98

  1                 Senate Joint Resolution No.     

  2         A joint resolution proposing an amendment to

  3         Section 10 of Article I of the State

  4         Constitution, relating to prohibited laws, to

  5         direct the courts how to decide whether a law

  6         is an ex post facto law.

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  8  Be It Resolved by the Legislature of the State of Florida:

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10         That the following amendment to Section 10 of Article I

11  of the State Constitution is agreed to and shall be submitted

12  to the electors of this state for approval or rejection at the

13  next general election or at an earlier special election

14  specifically authorized by law for that purpose:

15                            ARTICLE I

16                      DECLARATION OF RIGHTS

17         SECTION 10.  Prohibited laws.--No bill of attainder, ex

18  post facto law or law impairing the obligation of contracts

19  shall be passed. The courts shall construe whether a law is ex

20  post facto in conformity with Article I, Sections 9 and 10, of

21  the United States Constitution, as interpreted by the United

22  States Supreme Court in its decisions, regardless of the date

23  those decisions were rendered. Unless otherwise determined by

24  the United States Supreme Court, a method of execution is not

25  a penalty or punishment, and a law that provides for

26  retrospective application of a method of execution that was

27  not prescribed by law when a person committed a capital

28  offense is not an ex post facto law.

29         BE IT FURTHER RESOLVED that the following statement be

30  placed on the ballot:

31                     CONSTITUTIONAL AMENDMENT

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                 SJR 1240
    16-1142-98




  1                      ARTICLE I, SECTION 10

  2         EX POST FACTO LAW.--Proposing an amendment to the State

  3  Constitution which directs the courts how to construe whether

  4  a law is an ex post facto law. Declares that a method of

  5  execution is not a penalty or punishment and a law that

  6  provides for the retrospective application of a method of

  7  execution that was not prescribed by law when a person

  8  committed a capital offense is not an ex post facto law.

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