House Bill 4005
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 4005
By Representative Roberts-Burke
1 A bill to be entitled
2 An act relating to the sentencing of capital
3 felons; amending ss. 921.141, 921.142, F.S.;
4 providing for a separate proceeding to
5 determine whether a defendant accused or
6 convicted or adjudicated guilty of a capital
7 felony is mentally retarded; providing for
8 waiver by the defendant; prescribing the
9 penalty to be imposed if the defendant is
10 determined to be mentally retarded; amending s.
11 924.07, F.S.; providing that the state may
12 appeal the determination that the defendant
13 accused or convicted or adjudicated guilty of a
14 capital felony is mentally retarded; providing
15 an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Subsection (1) of section 921.141, Florida
20 Statutes, is amended to read:
21 921.141 Sentence of death or life imprisonment for
22 capital felonies; further proceedings to determine sentence.--
23 (1) SEPARATE PROCEEDINGS ON ISSUE OF PENALTY.--
24 (a) Upon conviction or adjudication of guilt of a
25 defendant of a capital felony, or upon a pretrial motion by
26 the defendant, the court shall conduct a separate sentencing
27 proceeding, unless waived by the defendant, to determine
28 whether the defendant suffers from mental retardation, as
29 defined in s. 916.106. The proceeding shall be conducted
30 without consideration of a sentence of death due to the
31 defendant's allegation that the defendant suffers from mental
1
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Florida House of Representatives - 1998 HB 4005
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1 retardation, as defined in s. 916.106. If the court
2 determines, by a preponderance of the evidence, that the
3 defendant suffers from mental retardation, as defined in s.
4 916.106, upon conviction or adjudication of guilt of the
5 defendant of the capital felony, the court shall sentence the
6 defendant to life imprisonment. The determination shall be
7 made by the trial judge without the jury. The court shall
8 enter a written order that outlines its findings of fact and
9 conclusions of law to justify the determination of mental
10 retardation. A determination of mental retardation under this
11 paragraph is not an adjudication of incompetence or a
12 dismissal of any criminal charge or conviction.
13 (b) The state may appeal, pursuant to s. 924.07, a
14 determination of mental retardation made under paragraph (a).
15 (c) If a convicted or adjudicated capital felon waives
16 the right to proceed under paragraph (a) or if the court
17 determines that a convicted or adjudicated capital felon does
18 not suffer from mental retardation as provided in paragraph
19 (a), the court shall conduct a separate proceeding to
20 determine whether the capital felon should be sentenced to
21 death or life imprisonment as authorized by s. 775.082. The
22 proceeding shall be conducted by the trial judge before the
23 trial jury as soon as practicable. If, through impossibility
24 or inability, the trial jury is unable to reconvene for a
25 hearing on the issue of penalty, having determined the guilt
26 of the accused, the trial judge may summon a special juror or
27 jurors as provided in chapter 913 to determine the issue of
28 the imposition of the penalty. If the trial jury has been
29 waived, or if the defendant pleaded guilty, the sentencing
30 proceeding shall be conducted before a jury impaneled for that
31 purpose, unless waived by the defendant. In the proceeding,
2
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Florida House of Representatives - 1998 HB 4005
235-226A-98
1 evidence may be presented as to any matter that the court
2 deems relevant to the nature of the crime and the character of
3 the defendant and shall include matters relating to any of the
4 aggravating or mitigating circumstances enumerated in
5 subsections (5) and (6). Any such evidence that which the
6 court deems to have probative value may be received,
7 regardless of its admissibility under the exclusionary rules
8 of evidence, provided the defendant is accorded a fair
9 opportunity to rebut any hearsay statements. However, this
10 subsection does shall not be construed to authorize the
11 introduction of any evidence secured in violation of the
12 Constitution of the United States or the Constitution of the
13 State of Florida. The state and the defendant or the
14 defendant's counsel shall be permitted to present argument for
15 or against sentence of death.
16 Section 2. Subsection (2) of section 921.142, Florida
17 Statutes, is amended to read:
18 921.142 Sentence of death or life imprisonment for
19 capital drug trafficking felonies; further proceedings to
20 determine sentence.--
21 (2) SEPARATE PROCEEDINGS ON ISSUE OF PENALTY.--
22 (a) Upon conviction or adjudication of guilt of a
23 defendant of a capital felony under s. 893.135, or upon a
24 pretrial motion by the defendant, the court shall conduct a
25 separate sentencing proceeding, unless waived by the
26 defendant, to determine whether the defendant suffers from
27 mental retardation, as defined in s. 916.106. The proceeding
28 shall be conducted without consideration of a sentence of
29 death due to the defendant's allegation that the defendant
30 suffers from mental retardation, as defined in s. 916.106. If
31 the court determines, by a preponderance of the evidence, that
3
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 4005
235-226A-98
1 the defendant suffers from mental retardation, as defined in
2 s. 916.106, upon conviction or adjudication of guilt of the
3 defendant of the capital felony, the court shall sentence the
4 defendant to life imprisonment. The determination shall be
5 made by the trial judge without the jury. The court shall
6 enter a written order that outlines its findings of fact and
7 conclusions of law to justify the determination of mental
8 retardation. A determination of mental retardation under this
9 paragraph is not an adjudication of incompetence or a
10 dismissal of any criminal charge or conviction.
11 (b) The state may appeal, pursuant to s. 924.07, a
12 determination of mental retardation made under paragraph (a).
13 (c) If a convicted or adjudicated capital felon waives
14 the right to proceed under paragraph (a) or if the court
15 determines that a convicted or adjudicated capital felon does
16 not suffer from mental retardation as provided in paragraph
17 (a), the court shall conduct a separate proceeding to
18 determine whether the capital felon should be sentenced to
19 death or life imprisonment as authorized by s. 775.082. The
20 proceeding shall be conducted by the trial judge before the
21 trial jury as soon as practicable. If, through impossibility
22 or inability, the trial jury is unable to reconvene for a
23 hearing on the issue of penalty, having determined the guilt
24 of the accused, the trial judge may summon a special juror or
25 jurors as provided in chapter 913 to determine the issue of
26 the imposition of the penalty. If the trial jury has been
27 waived, or if the defendant pleaded guilty, the sentencing
28 proceeding shall be conducted before a jury impaneled for that
29 purpose, unless waived by the defendant. In the proceeding,
30 evidence may be presented as to any matter that the court
31 deems relevant to the nature of the crime and the character of
4
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 4005
235-226A-98
1 the defendant and shall include matters relating to any of the
2 aggravating or mitigating circumstances enumerated in
3 subsections (6) and (7). Any such evidence that which the
4 court deems to have probative value may be received,
5 regardless of its admissibility under the exclusionary rules
6 of evidence, provided the defendant is accorded a fair
7 opportunity to rebut any hearsay statements. However, this
8 subsection does shall not be construed to authorize the
9 introduction of any evidence secured in violation of the
10 Constitution of the United States or the Constitution of the
11 State of Florida. The state and the defendant or the
12 defendant's counsel shall be permitted to present argument for
13 or against sentence of death.
14 Section 3. Paragraph (m) is added to subsection (1) of
15 section 924.07, Florida Statutes, to read:
16 924.07 Appeal by state.--
17 (1) The state may appeal from:
18 (m) An order pursuant to s. 921.141(1)(a) or s.
19 921.142(2)(a) declaring a defendant mentally retarded.
20 Section 4. This act shall take effect July 1 of the
21 year in which enacted.
22
23 *****************************************
24 HOUSE SUMMARY
25
Provides for the court to conduct a separate proceeding
26 without a jury to determine whether a defendant is
mentally retarded if the defendant is accused or
27 convicted or adjudicated guilty of a capital felony,
under specified circumstances. Provides for waiver by the
28 defendant. If the court determines that the defendant is
mentally retarded, requires that the defendant be
29 sentenced to life imprisonment upon conviction or
adjudication of the capital felony. Provides for appeal
30 by the state of the determination that the defendant is
mentally retarded.
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