CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. SB 1264, 1st Eng.
Amendment No. (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Cosgrove offered the following:
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13 Amendment (with title amendment)
14 On page 8, lines 15-17
15 remove from the bill: all of said lines
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17 and insert in lieu thereof:
18 Section 4. Section 921.137, Florida Statutes, is
19 created to read:
20 921.137 Imposition of the death sentence upon a
21 mentally retarded defendant prohibited.--
22 (1) As used in this section, the term "mental
23 retardation" means significantly subaverage general
24 intellectual functioning existing concurrently with deficits
25 in adaptive behavior and manifested during the period from
26 conception to age 18. The term "significantly subaverage
27 general intellectual functioning," for the purpose of this
28 section, means performance that is two or more standard
29 deviations from the mean score on a standardized intelligence
30 test specified in the rules of the Department of Children and
31 Family Services. The term "adaptive behavior," for the purpose
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HOUSE AMENDMENT
Bill No. SB 1264, 1st Eng.
Amendment No. (for drafter's use only)
1 of this definition, means the effectiveness or degree with
2 which an individual meets the standards of personal
3 independence and social responsibility expected of his or her
4 age, cultural group, and community. The Department of Children
5 and Family Services shall adopt rules to administer this
6 subsection.
7 (2) A sentence of death may not be imposed upon a
8 defendant convicted of a capital felony who suffers from
9 mental retardation if the defendant's conduct at the time of
10 the commission of the crime is directly related to the mental
11 retardation.
12 (3) A defendant charged with a capital felony who
13 intends to raise mental retardation as a bar to the death
14 sentence under this section shall give notice of such
15 intention in accordance with the rules of court governing
16 notice of intent to rely on an insanity defense.
17 (4) When a defendant who has given proper notice of
18 intent to raise mental retardation as a bar to the death
19 sentence is convicted or adjudicated guilty of a capital
20 felony, the court must conduct a separate proceeding, without
21 the jury, to determine whether the defendant suffers from
22 mental retardation before conducting sentencing proceedings
23 under s. 921.141 or s. 921.142. If the court determines that
24 the defendant has demonstrated by clear and convincing
25 evidence that the defendant suffers from mental retardation,
26 the court shall enter a written order that sets forth with
27 specificity its findings in support of its determination that
28 the defendant suffers from mental retardation.
29 (5) The state may appeal, pursuant to s. 924.07, a
30 determination of mental retardation made under subsection (4).
31 (6) This section does not apply to a capital defendant
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HOUSE AMENDMENT
Bill No. SB 1264, 1st Eng.
Amendment No. (for drafter's use only)
1 who was sentenced to death before the effective date of this
2 act.
3 Section 5. Subsection (6) of section 921.141, Florida
4 Statutes, is amended to read:
5 921.141 Sentence of death or life imprisonment for
6 capital felonies; further proceedings to determine sentence.--
7 (6) MITIGATING CIRCUMSTANCES.--Mitigating
8 circumstances shall be the following:
9 (a) The defendant has no significant history of prior
10 criminal activity.
11 (b) The capital felony was committed while the
12 defendant was under the influence of extreme mental or
13 emotional disturbance.
14 (c) The victim was a participant in the defendant's
15 conduct or consented to the act.
16 (d) The defendant was an accomplice in the capital
17 felony committed by another person and his or her
18 participation was relatively minor.
19 (e) The defendant acted under extreme duress or under
20 the substantial domination of another person.
21 (f) The capacity of the defendant to appreciate the
22 criminality of his or her conduct or to conform his or her
23 conduct to the requirements of law was substantially impaired.
24 (g) The age of the defendant at the time of the crime.
25 (h) The defendant suffers from mental retardation,
26 which shall be determined in accordance with the definition of
27 the term "retardation" in s. 393.063.
28 (i)(h) The existence of any other factors in the
29 defendant's background that would mitigate against imposition
30 of the death penalty.
31 Section 6. Subsection (7) of section 921.142, Florida
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HOUSE AMENDMENT
Bill No. SB 1264, 1st Eng.
Amendment No. (for drafter's use only)
1 Statutes, is amended to read:
2 921.142 Sentence of death or life imprisonment for
3 capital drug trafficking felonies; further proceedings to
4 determine sentence.--
5 (7) MITIGATING CIRCUMSTANCES.--Mitigating
6 circumstances shall include the following:
7 (a) The defendant has no significant history of prior
8 criminal activity.
9 (b) The capital felony was committed while the
10 defendant was under the influence of extreme mental or
11 emotional disturbance.
12 (c) The defendant was an accomplice in the capital
13 felony committed by another person, and the defendant's
14 participation was relatively minor.
15 (d) The defendant was under extreme duress or under
16 the substantial domination of another person.
17 (e) The capacity of the defendant to appreciate the
18 criminality of her or his conduct or to conform her or his
19 conduct to the requirements of law was substantially impaired.
20 (f) The age of the defendant at the time of the
21 offense.
22 (g) The defendant could not have reasonably foreseen
23 that her or his conduct in the course of the commission of the
24 offense would cause or would create a grave risk of death to
25 one or more persons.
26 (h) The defendant suffers from mental retardation,
27 which shall be determined in accordance with the definition of
28 the term "retardation" in s. 393.063.
29 (i)(h) The existence of any other factors in the
30 defendant's background that would mitigate against imposition
31 of the death penalty.
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HOUSE AMENDMENT
Bill No. SB 1264, 1st Eng.
Amendment No. (for drafter's use only)
1 Section 7. Except for sections 4-6, this act shall
2 expire June 30, 2001.
3 Section 8. This act shall take effect upon becoming a
4 law.
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7 ================ T I T L E A M E N D M E N T ===============
8 And the title is amended as follows:
9 On page 1, lines 11-12
10 remove from the title of the bill: all of said lines
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12 and insert in lieu thereof:
13 an appropriation; creating s. 921.137, F.S.;
14 defining the term "mental retardation";
15 prohibiting the imposition of a sentence of
16 death on a defendant who suffers from mental
17 retardation if the mental retardation is
18 directly related to the defendant's conduct at
19 the time of the crime; providing requirements
20 for raising mental retardation as a bar to the
21 death sentence; providing for a separate
22 proceeding to determine whether the defendant
23 suffers from mental retardation; providing for
24 an determination of mental retardation to be
25 appealed; providing for application of
26 provisions prohibiting imposition of a sentence
27 of death; amending ss. 921.141, 921.142, F.S.;
28 providing for a defendant's mental retardation
29 to be considered as a mitigating circumstance
30 by the jury for purposes of the advisory
31 sentence recommended by the jury in a capital
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HOUSE AMENDMENT
Bill No. SB 1264, 1st Eng.
Amendment No. (for drafter's use only)
1 felony or a capital drug-trafficking felony;
2 providing for expiration of certain sections of
3 the act; providing an effective date.
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