SENATE AMENDMENT

    Bill No. CS for SB 914

    Amendment No.    

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

 5

 6

 7

 8

 9

10                                                                

11  Senator Campbell moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 3, lines 22 through 25, delete those lines

15

16  and insert:

17

18  retardation, as defined in s. 916.016.

19         1.  If the court determines, by a preponderance of the

20  evidence, that the defendant suffers from mental retardation,

21  and has an IQ less than 55 the court shall sentence the

22  defendant to life imprisonment.

23         2.  If the defendant is mentally retarded and has an IQ

24  in the range 55-69, there is a rebuttable presumption created

25  that the defendant will be sentenced to life imprisonment.

26  This presumption can be rebutted if the jury unanimously

27  recommends the imposition of a death sentence, and the

28  sentencing judge in a written order gives specific, compelling

29  reasons for rejecting mental retardation. The reasons must be

30  established beyond a reasonable doubt by evidence admitted

31  during the guilt or penalty phases of the case or sentencing

                                  1
    8:48 AM   03/31/98                              s0914c1c-33m0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 914

    Amendment No.    





 1  proceeding. If the defendant is sentenced without a jury

 2  recommendation, the sentencing judge in a written order must

 3  give specific, compelling reasons for rejecting mental

 4  retardation. The reasons must be established beyond a

 5  reasonable doubt by evidence admitted during the guilt or

 6  penalty phases of the case or sentencing proceeding.

 7

 8  The determination shall be made by the trial

 9

10

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

12  And the title is amended as follows:

13         On page 1, line 7, after the semicolon

14

15  insert:

16         providing guidelines for determining the

17         penalties to be imposed;

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  2
    8:48 AM   03/31/98                              s0914c1c-33m0a