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





                                                  SENATE AMENDMENT

    Bill No. CS/HB 3033, 1st Eng.

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Burt moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause

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16  and insert:

17         Section 1.  Section 922.10, Florida Statutes, is

18  amended to read:

19         922.10  Execution of death sentence; executioner.--

20         (1)  A death sentence shall be executed by

21  electrocution. If electrocution is held to be unconstitutional

22  by the Florida Supreme Court, the United States Court of

23  Appeals for the Eleventh Circuit, or the United States Supreme

24  Court, all persons sentenced to death for a capital crime

25  shall be executed by lethal injection. The superintendent

26  warden of the state prison shall designate the executioner.

27  Information which, if released, would identify the executioner

28  is confidential and exempt from the provisions of s. 119.07(1)

29  and s. 24(a), Art. I of the State Constitution. The warrant

30  authorizing the execution shall be read to the convicted

31  person immediately before execution.

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3033, 1st Eng.

    Amendment No.    





 1         (2)  The provisions of the opinion and all points of

 2  law decided by the United States Supreme Court in Malloy v.

 3  South Carolina, 237 U.S. 180(1915), finding that the Ex Post

 4  Facto Clause of the United States Constitution is not violated

 5  by a legislatively enacted change in the method of execution

 6  for a sentence of death validly imposed for previously

 7  committed capital murders, are adopted by the Legislature as

 8  the statute law of this state.

 9         (3)  A change in the method of execution does not

10  increase the punishment or modify the statutory penalty of

11  death for capital murder. Any legislative change to the method

12  of execution for the crime of capital murder does not violate

13  s. 10, Art. I, or s. 9, Art. X of the State Constitution.

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

15  law.

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18  ================ T I T L E   A M E N D M E N T ===============

19  And the title is amended as follows:

20         Delete everything before the enacting clause

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22  and insert:

23                      A bill to be entitled

24         An act relating to execution; amending s.

25         922.10, F.S.; providing for execution by means

26         of lethal injection if electrocution is held to

27         be unconstitutional; providing legislative

28         intent; providing an effective date.

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30         WHEREAS, the Legislature finds that the existing method

31  of carrying out a sentence of death in Florida is by

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3033, 1st Eng.

    Amendment No.    





 1  electrocution, and

 2         WHEREAS, the Legislature has previously determined that

 3  death by electrocution is the preferred method of carrying out

 4  the death penalty, and the death penalty should be carried out

 5  in a swift and sure manner, and

 6         WHEREAS, the Florida Supreme Court, in Jones v.

 7  Butterworth, Case No. 90,231 (October 20, 1997), has held

 8  death by electrocution to be a constitutional method of

 9  imposing the death penalty in Florida, and

10         WHEREAS, the Legislature intends to ensure that the

11  lawful punishment of death imposed on persons in this state is

12  carried out, and considers it to be appropriate to provide an

13  alternative method for imposing death only in the event that

14  the United States Supreme Court, the United States Court of

15  Appeals for the Eleventh Circuit, or the Florida Supreme Court

16  declares death by electrocution to be unconstitutional, and

17         WHEREAS, changing the method of carrying out the death

18  penalty both for those previously sentenced and for those who

19  will be sentenced in the future is merely procedural and does

20  not increase the quantum of punishment imposed upon a

21  defendant and therefore does not violate the prohibition

22  against ex post facto laws under the Constitution of the

23  United States, Malloy v. South Carolina, 237 U.S. 180 (1915),

24  and Ex Parte Kenneth Granviel, 561 S.W.2d 503 (Tex. App.

25  1978), and

26         WHEREAS, in the case of Malloy v. South Carolina, 237

27  U.S. 180 (1915), the United States Supreme Court held that a

28  change in the method of execution does not change the penalty

29  for the crime of murder, but only the method of inducing

30  death, when under such a change some of the odious features

31  incident to the old method are abated by the new method, and

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3033, 1st Eng.

    Amendment No.    





 1         WHEREAS, the Florida Supreme Court has previously

 2  declared, in the case of Dobbert v. State, 375 So.2d 1069

 3  (Fla. 1979), affirmed in Dobbert v. Florida, 432 U.S. 282,

 4  that changing the practices and procedures of the application

 5  of the death penalty statute does not violate the provisions

 6  of Article X, Section 9 of the Florida Constitution or the "ex

 7  post facto" clauses of the Florida and United States

 8  Constitutions, NOW, THEREFORE,

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