CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. HJR 3505
Amendment No.
CHAMBER ACTION
Senate House
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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 resolving clause
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16 and insert:
17 That the following amendment to Section 17 of Article I
18 of the State Constitution is agreed to and shall be submitted
19 to the electors of this state for approval or rejection at the
20 general election to be held in November 1998:
21 ARTICLE I
22 DECLARATION OF RIGHTS
23 SECTION 17. Excessive punishments.--Excessive fines,
24 cruel and or unusual punishment, attainder, forfeiture of
25 estate, indefinite imprisonment, and unreasonable detention of
26 witnesses are forbidden. The death penalty is an authorized
27 punishment for capital crimes designated by the legislature
28 and is not limited or restrained by this constitution. The
29 prohibition against cruel or unusual punishment and the
30 prohibition against cruel and unusual punishment shall be
31 construed in conformity with decisions of the United States
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SENATE AMENDMENT
Bill No. HJR 3505
Amendment No.
1 Supreme Court which interpret the prohibition against cruel
2 and unusual punishment provided in the Eighth Amendment to the
3 United States Constitution. However, any method of execution
4 shall be allowed, unless specifically prohibited by the United
5 States Supreme Court. Methods of execution may be designated
6 by the legislature, and a change in any method of execution
7 may be applied retroactively. A sentence of death shall not be
8 reduced on the basis that a method of execution is invalid. In
9 any case in which a method of execution is declared invalid,
10 the death sentence shall remain in force until the sentence
11 can be lawfully executed by any valid method. This section
12 shall apply retroactively.
13 BE IT FURTHER RESOLVED that the following statement be
14 placed on the ballot:
15 CONSTITUTIONAL AMENDMENT
16 ARTICLE I, SECTION 17
17 CRUEL AND UNUSUAL PUNISHMENT.--Proposing an amendment
18 to the State Constitution to authorize the death penalty;
19 require construction of "cruel or unusual" and "cruel and
20 unusual" punishment to conform to the United States Supreme
21 Court's interpretation of the Eighth Amendment; authorize
22 execution methods not specifically prohibited by the United
23 States Supreme Court; allow the retroactive application of
24 execution methods; prohibit the reduction of a death sentence
25 based on invalidity of the execution method; and provide
26 retroactive applicability.
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30 And the title is amended as follows:
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SENATE AMENDMENT
Bill No. HJR 3505
Amendment No.
1 and insert:
2 Senate Joint Resolution No.
3 A joint resolution proposing an amendment to s.
4 17, Art. I of the State Constitution, relating
5 to excessive punishment.
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