SENATE AMENDMENT

    Bill No. CS for SB 524

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5

 6

 7

 8

 9

10                                                                

11  Senator Williams moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 15, between lines 13 and 14,

15

16  insert:

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

18  Florida Statutes, to read:

19         27.709  Commission on the Administration of Justice in

20  Capital Cases.--

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

22  Capital Cases shall conduct a study to evaluate whether the

23  elimination of state postconviction proceedings in death

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

25  death in capital cases. In conducting the study, the

26  commission shall take public testimony from any interested

27  party. The commission shall review the average number of

28  postconviction motions and writs filed in capital cases, prior

29  legislative and judicial attempts to reduce delays in capital

30  cases, and the length of time required for capital

31  postconviction claims in state and federal court. The

                                  1
    6:19 PM   04/28/98                              s0524c1c-04e02




                                                  SENATE AMENDMENT

    Bill No. CS for SB 524

    Amendment No.    





 1  commission shall consider average delays in capital cases,

 2  whether those delays have increased in the last 10 years, and

 3  the reasons for any increase in delays. The study must include

 4  a report that addresses the legal, fiscal, and practical

 5  considerations concerning the elimination of state

 6  postconviction proceedings, and the recommendation of the

 7  commission. Public notice must be provided, in a manner agreed

 8  to by the commission, for all hearings at which the commission

 9  intends to hear public testimony concerning the elimination of

10  state postconviction proceedings in death penalty cases for

11  purposes of this study. The report must be submitted to the

12  President of the Senate, the Speaker of the House of

13  Representatives, and minority leaders in both houses by

14  December 1, 1998.

15

16  (Redesignate subsequent sections.)

17

18

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

20  And the title is amended as follows:

21         On page 1, line 23, after the semicolon

22

23  insert:

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

25         Commission on the Administration of Justice in

26         Capital Cases shall conduct a study concerning

27         the elimination of state postconviction

28         proceedings in death penalty cases;

29

30

31

                                  2
    6:19 PM   04/28/98                              s0524c1c-04e02