HOUSE AMENDMENT

                                                  Bill No. HB 4233

    Amendment No. 01 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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11  Representative(s) Crist offered the following:

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13         Amendment (with title amendment) 

14         On page 15, between lines 13 & 14, of the bill

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16  insert:

17         Section 9.  Subsection (3) is added to section 27.709,

18  Florida Statutes, to read: 27.709  Commission on the

19  Administration of Justice in Capital Cases.--

20         (3)  The Commission on the Administration of Justice in

21  Capital Cases shall conduct a study to evaluate whether the

22  elimination of state postconviction proceedings in death

23  penalty cases will reduce delays in carrying out a sentence of

24  death in capital cases. In conducting the study the Commission

25  shall take public testimony from any interested party. The

26  Commission shall review the average number of postconviction

27  motions and writs filed in capital cases, prior legislative

28  and judicial attempts to reduce delays in capital cases, and

29  the length of time required for capital postconviction claims

30  in state and federal court.  The Commission shall consider

31  average delays in capital cases, whether those delays have

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    File original & 9 copies    04/28/98
    hjc0002                     03:17 pm         04233-0060-474561




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4233

    Amendment No. 01 (for drafter's use only)





 1  increased in the last 10 years, and the reasons for any

 2  increase in delays.  The study shall include a report which

 3  addresses the legal, fiscal, and practical considerations

 4  concerning the elimination of state postconviction

 5  proceedings, and the recommendation of the Commission.  Public

 6  notice shall be provided, in a manner agreed to by the

 7  Commission, for all hearings where the Commission intends to

 8  hear public testimony concerning the elimination of state

 9  postconviction proceedings in death penalty cases for purposes

10  of this study.  The report shall be submitted to the Speaker

11  of the House of Representatives, the President of the Senate,

12  and minority leaders in the House and the Senate by December

13  1, 1998.

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

17  And the title is amended as follows:

18         On page 1, line 24, after the semicolon,

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20  insert:

21         amending s. 27.709, F.S.; providing that the

22         Commission on the Administration of Justice in

23         Capital Cases shall conduct a study concerning

24         the elimination of state postconviction

25         proceedings in death penalty cases;

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    File original & 9 copies    04/28/98
    hjc0002                     03:17 pm         04233-0060-474561