House Bill 4573

    Florida House of Representatives - 1998               HJR 4573

        By Representatives Futch, Crist, Bainter, Casey and Melvin






  1                      House Joint Resolution

  2         A joint resolution proposing an amendment to

  3         Section 8, Article IV of the State

  4         Constitution, relating to clemency.

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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 8 of Article IV of the

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

10  submitted to the electors of this state for approval or

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

12                            ARTICLE IV

13                             CLEMENCY

14         SECTION 8. Clemency.--

15         (a)  Except in cases of treason and in cases where

16  impeachment results in conviction, the governor may, by

17  executive order filed with the secretary of state, suspend

18  collection of fines and forfeitures, grant reprieves not

19  exceeding sixty days and, with the approval of three members

20  of the cabinet, grant full or conditional pardons, restore

21  civil rights, commute punishment, and remit fines and

22  forfeitures for offenses.

23         (b)  In cases of treason the governor may grant

24  reprieves until adjournment of the regular session of the

25  legislature convening next after the conviction, at which

26  session the legislature may grant a pardon or further

27  reprieve; otherwise the sentence shall be executed.

28         (c)  There may be created by law a parole and probation

29  commission with power to supervise persons on probation and to

30  grant paroles or conditional releases to persons under

31  sentences for crime.  The qualifications, method of selection

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






    Florida House of Representatives - 1998               HJR 4573

    531-159-98






  1  and terms, not to exceed six years, of members of the

  2  commission shall be prescribed by law.

  3         (d)  All state prisoners lawfully sentenced to a term

  4  of years shall serve at least 85 percent of their term of

  5  imprisonment, unless granted pardon or clemency.  Parole,

  6  conditional release, or any mechanism of sentence reduction

  7  may reduce the term-of-years sentence by no more than 15

  8  percent. State prisoners sentenced to life imprisonment shall

  9  be incarcerated for the rest of their natural lives, unless

10  granted pardon or clemency.

11         BE IT FURTHER RESOLVED that the following statement be

12  placed on the ballot:

13                     CONSTITUTIONAL AMENDMENT

14                      ARTICLE IV, SECTION 8

15         LENGTH OF SENTENCE.--Proposing an amendment to the

16  State Constitution which, except in cases of pardon or

17  clemency, requires that state prisoners serve at least 85

18  percent of their terms of imprisonment; prohibits any sentence

19  reduction by more than 15 percent; and requires state

20  prisoners sentenced to life imprisonment to be incarcerated

21  for the rest of their natural lives, unless granted pardon or

22  clemency.

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