House Bill 3505

    Florida House of Representatives - 1998               HJR 3505

        By Representative Crist






  1                      House Joint Resolution

  2         A joint resolution proposing an amendment to

  3         Section 17 of Article I of the State

  4         Constitution relating to excessive punishment.

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

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  8         That the amendment to Section 17 of Article I of the

  9  State Constitution set forth below is agreed to and shall be

10  submitted to the electors of Florida for approval or rejection

11  at the general election to be held in November 1998:

12         SECTION 17.  Excessive punishments.--Excessive fines,

13  cruel or unusual punishment, attainder, forfeiture of estate,

14  indefinite imprisonment, and unreasonable detention of

15  witnesses are forbidden. The death penalty is an authorized

16  punishment for capital crimes designated by the Legislature.

17  Any method of execution shall be allowed, unless prohibited by

18  the United States Constitution. The prohibition against cruel

19  or unusual punishment shall be construed in conformity with

20  the 8th Amendment to the United States Constitution, as

21  interpreted by the United States Supreme Court. A sentence of

22  death shall not be reduced on the basis that a method of

23  execution is invalid. In any case in which an execution method

24  is declared invalid, the death sentence shall remain in force

25  until the sentence can be lawfully executed by any valid

26  method. This section shall apply retroactively.

27         BE IT FURTHER RESOLVED that in accordance with the

28  requirements of section 101.161, Florida Statutes, the title

29  and substance of the amendment proposed herein shall appear on

30  the ballot as follows:

31                PRESERVATION OF THE DEATH PENALTY;

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






    Florida House of Representatives - 1998               HJR 3505

    537-219B-98






  1            UNITED STATES SUPREME COURT INTERPRETATION

  2                 OF CRUEL AND UNUSUAL PUNISHMENT

  3         Proposing an amendment to Section 17 of Article I of

  4  the State Constitution preserving the death penalty, and

  5  permitting any execution method unless prohibited by the

  6  Federal Constitution. Requires construction of the prohibition

  7  against cruel or unusual punishment to conform to United

  8  States Supreme Court interpretation of the Eighth Amendment.

  9  Prohibits reduction of a death sentence based on invalidity of

10  execution method, and provides for continued force of

11  sentence. Provides for retroactive applicability.

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