House Bill 2185

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







    Florida House of Representatives - 2000                HB 2185

        By Representatives Levine, Littlefield, Reddick, Garcia
    and Wasserman Schultz





  1                      A bill to be entitled

  2         An act relating to the death penalty; amending

  3         ss. 921.141 and 921.142, F.S.; prohibiting the

  4         court form imposing the death penalty unless

  5         recommended by a super majority of the jurors;

  6         providing applicability; providing an effective

  7         date.

  8

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

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11         Section 1.  Subsection (3) of section 921.141, Florida

12  Statutes, is amended to read:

13         921.141  Sentence of death or life imprisonment for

14  capital felonies; further proceedings to determine sentence.--

15         (3)  FINDINGS IN SUPPORT OF SENTENCE OF DEATH.--The

16  death penalty may only be imposed by the court if recommended

17  by a vote of at least 10 jurors in favor of the sentence of

18  death.  Notwithstanding the recommendation of a majority of

19  the jury, the court, after weighing the aggravating and

20  mitigating circumstances, may shall enter a sentence of life

21  imprisonment. or death, but If the court imposes a sentence of

22  death, it shall set forth in writing its findings upon which

23  the sentence of death is based as to the facts:

24         (a)  That sufficient aggravating circumstances exist as

25  enumerated in subsection (5), and

26         (b)  That there are insufficient mitigating

27  circumstances to outweigh the aggravating circumstances.

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29  In each case in which the court imposes the death sentence,

30  the determination of the court shall be supported by specific

31  written findings of fact based upon the circumstances in

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






    Florida House of Representatives - 2000                HB 2185

    707-123-00






  1  subsections (5) and (6) and upon the records of the trial and

  2  the sentencing proceedings. If the court does not make the

  3  findings requiring the death sentence within 30 days after the

  4  rendition of the judgment and sentence, the court shall impose

  5  sentence of life imprisonment in accordance with s. 775.082.

  6         Section 2.  Subsection (4) of section 921.142, Florida

  7  Statutes, is amended to read:

  8         921.142  Sentence of death or life imprisonment for

  9  capital drug trafficking felonies; further proceedings to

10  determine sentence.--

11         (4)  FINDINGS IN SUPPORT OF SENTENCE OF DEATH.--The

12  death penalty may only be imposed by the court if recommended

13  by a vote of at least 10 jurors in favor of the sentence of

14  death. Notwithstanding the recommendation of a majority of the

15  jury, the court, after weighing the aggravating and mitigating

16  circumstances, may shall enter a sentence of life

17  imprisonment. or death, but If the court imposes a sentence of

18  death, it shall set forth in writing its findings upon which

19  the sentence of death is based as to the facts:

20         (a)  That sufficient aggravating circumstances exist as

21  enumerated in subsection (6), and

22         (b)  That there are insufficient mitigating

23  circumstances to outweigh the aggravating circumstances.

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25  In each case in which the court imposes the death sentence,

26  the determination of the court shall be supported by specific

27  written findings of fact based upon the circumstances in

28  subsections (6) and (7) and upon the records of the trial and

29  the sentencing proceedings.  If the court does not make the

30  findings requiring the death sentence within 30 days after the

31  rendition of the judgment and sentence, the court shall impose

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






    Florida House of Representatives - 2000                HB 2185

    707-123-00






  1  sentence of life imprisonment in accordance with s. 775.082,

  2  and that person shall be ineligible for parole.

  3         Section 3.  The provisions of this act apply to crimes

  4  committed after July 1, 2000.

  5         Section 4.  This act shall take effect July 1, 2000.

  6

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  8                          HOUSE SUMMARY

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      Provides that a super majority of at least 10 jurors must
10    vote to impose the death sentence for the death sentence
      to be imposed. See bill for details.
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