Senate Bill 1742c1

    Florida Senate - 1998                           CS for SB 1742

    By the Committee on Judiciary and Senator Ostalkiewicz





    308-2139-98

  1                      A bill to be entitled

  2         An act relating to husband and wife; creating

  3         s. 741.2105, F.S.; prohibiting marriages

  4         between persons when one of the persons has

  5         been convicted of a capital felony for which a

  6         death sentence has been imposed; providing an

  7         exception; providing an effective date.

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  9  Be It Enacted by the Legislature of the State of Florida:

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11         Section 1.  Section 741.2105, Florida Statutes, is

12  created to read:

13         741.2105  Certain marriages prohibited.--No person may

14  marry another person when one of the parties to the proposed

15  marriage has been convicted of a capital felony and a death

16  sentence has been imposed with respect to such capital felony.

17  A marriage otherwise prohibited under this section may be

18  authorized, subject to the penological interests of the

19  Department of Corrections, which may authorize the marriage in

20  accordance with its procedures if a county court judge of any

21  county in this state, in his or her discretion, issues a

22  marriage license to such person. This prohibition to marriage

23  shall not apply if the death sentence has been overturned on

24  appeal, commuted to a life sentence, or clemency has been

25  granted by the Governor.

26         Section 2.  This act shall take effect upon becoming a

27  law.

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






    Florida Senate - 1998                           CS for SB 1742
    308-2139-98




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1742

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  4  The Committee Substitute for Senate Bill 1742 adds the
    requirement that the marriage of a capital felon be approved
  5  by the Department of Corrections in accordance with its
    penological interests. Also, the Committee Substitute provides
  6  an opportunity for persons once sentenced to death to marry in
    the event the sentence is commuted or clemency is granted.
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