House Bill 3505er

    ENROLLED

    1998 Legislature                     HJR 3505, First Engrossed



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  2         A joint resolution proposing an amendment to s.

  3         17, Art. I of the State Constitution, relating

  4         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 and or unusual punishment, attainder, forfeiture of

14  estate, 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  The prohibition against cruel or unusual punishment, and the

18  prohibition against cruel and unusual punishment, shall be

19  construed in conformity with decisions of the United States

20  Supreme Court which interpret the prohibition against cruel

21  and unusual punishment provided in the Eighth Amendment to the

22  United States Constitution.  Any method of execution shall be

23  allowed, unless prohibited by the United States Constitution.

24  Methods of execution may be designated by the Legislature, and

25  a change in any method of execution may be applied

26  retroactively.  A sentence of death shall not be reduced on

27  the basis that a method of execution is invalid. In any case

28  in which an execution method is declared invalid, the death

29  sentence shall remain in force until the sentence can be

30  lawfully executed by any valid method. This section shall

31  apply retroactively.


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




    ENROLLED

    1998 Legislature                     HJR 3505, First Engrossed



  1         BE IT FURTHER RESOLVED that in accordance with the

  2  requirements of section 101.161, Florida Statutes, the title

  3  and substance of the amendment proposed herein shall appear on

  4  the ballot as follows:

  5                PRESERVATION OF THE DEATH PENALTY;

  6            UNITED STATES SUPREME COURT INTERPRETATION

  7                 OF CRUEL AND UNUSUAL PUNISHMENT

  8         Proposing an amendment to Section 17 of Article I of

  9  the State Constitution preserving the death penalty, and

10  permitting any execution method unless prohibited by the

11  Federal Constitution. Requires construction of the prohibition

12  against cruel and/or unusual punishment to conform to United

13  States Supreme Court interpretation of the Eighth Amendment.

14  Prohibits reduction of a death sentence based on invalidity of

15  execution method, and provides for continued force of

16  sentence. Provides for retroactive applicability.

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