Senate Bill 1662

    Florida Senate - 2000                                  SB 1662

    By Senator Jones





    40-1227-00

  1                      A bill to be entitled

  2         An act relating to the imposition of the

  3         sentence of death; creating the Florida Racial

  4         Justice Act; prohibiting the imposition of a

  5         death sentence that is sought on the basis of

  6         race; providing standards and evidentiary

  7         guidelines for finding that a sentence was

  8         sought on the basis of race; providing

  9         procedural guidelines; specifying that the

10         defendant's burden of proof is by clear and

11         convincing evidence; providing applicability;

12         providing an effective date.

13

14  Be It Enacted by the Legislature of the State of Florida:

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16         Section 1.  (1)  This section may be cited as the

17  "Florida Racial Justice Act."

18         (2)  A person may not be given a sentence of death

19  which was sought on the basis of race.

20         (3)  A finding that race was the basis of a decision to

21  seek a death sentence may be established if the court finds

22  that race was a significant factor in decisions to seek the

23  sentence of death in this state at the time the death sentence

24  was sought.

25         (4)  Evidence relevant to establishing a finding that

26  race was the basis of the decision to seek a death sentence

27  may include statistical evidence and other evidence that death

28  sentences were sought more frequently:

29         (a)  Upon persons of one race than upon persons of

30  another race; or

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






    Florida Senate - 2000                                  SB 1662
    40-1227-00




  1         (b)  As punishment for capital offenses against persons

  2  of one race than as punishment for capital offenses against

  3  persons of another race.

  4         (5)  A defendant must state with particularity how the

  5  evidence supports a claim that racial considerations played a

  6  significant part in the decision to seek a death sentence in

  7  his or her case. The claim shall be raised at the pretrial

  8  conference. The court shall schedule a hearing on the claim

  9  and shall prescribe a time for the submission of evidence by

10  both parties. If the court finds that race was the basis for

11  the decision to seek the death sentence, the court shall order

12  that a death sentence not be sought.

13         (6)  The defendant has the burden of proving by clear

14  and convincing evidence that race was the basis of the

15  decision to seek the death penalty. The state may offer

16  evidence in rebuttal of the claims or evidence of the

17  defendant.

18         (7)  This section applies only to sentences imposed

19  after the effective date of this act.

20         Section 2.  This act shall take effect upon becoming a

21  law.

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23            *****************************************

24                          SENATE SUMMARY

25    Creates the Florida Racial Justice Act. Prohibits the
      court from imposing a sentence of death if the sentence
26    is sought on the basis of the defendant's race. Provides
      for statistical evidence and other evidence to be used to
27    establish a finding that a sentence has been sought on
      the basis of race. Provides that the defendant has the
28    burden of proving by clear and convincing evidence the
      basis of the sentence. (See bill for details.)
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