Senate Bill 2600

    Florida Senate - 2000                                  SB 2600

    By Senator Holzendorf





    2-1216-00

  1                      A bill to be entitled

  2         An act relating to capital punishment;

  3         prohibiting seeking or imposing a sentence of

  4         death when the sentence was sought on the basis

  5         of race; providing guidelines for determining

  6         whether race was improperly used as a

  7         consideration; prescribing responsibility of

  8         the court; providing a burden of proof in such

  9         allegations; providing an effective date.

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

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13         Section 1.  Prohibition against death sentence being

14  sought or given on the basis of race; procedure for dealing

15  with claims.--

16         (1)  A person may not be subject to or given a sentence

17  of death if the sentence was sought on the basis of race.

18         (2)  A finding that race was the basis of the decision

19  to seek a death sentence may be established if the court finds

20  that race was a significant factor in decisions to seek death

21  sentences in the state at the time the death sentence was

22  sought.

23         (3)  Evidence relevant to establish a finding that race

24  was the basis of the decision to seek a death sentence may

25  include statistical evidence or other evidence, or both, that

26  death sentences were sought significantly more frequently:

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

28  another race; or

29         (b)  As punishment for capital offenses against persons

30  of one race than as punishment for capital offenses against

31  persons of another race.

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






    Florida Senate - 2000                                  SB 2600
    2-1216-00




  1         (4)  The defendant shall state with particularity how

  2  the evidence supports a claim that racial considerations

  3  played a significant part in the decision to seek the death

  4  sentence in his or her case. The claim must be raised by the

  5  defendant at the pretrial conference. The court shall schedule

  6  a hearing on the claim and shall prescribe a time for the

  7  submission of evidence by both parties. If the court finds

  8  that race was the basis of the decision to seek the death

  9  sentence, the court shall order that the death sentence not be

10  sought.

11         (5)  The defendant has the burden of proving by clear

12  and convincing evidence that race was the basis of the

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

14  evidence in rebuttal of the claims or evidence of the

15  defendant.

16         Section 2.  This act shall take effect July 1, 2000.

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19                          SENATE SUMMARY

20    Prohibits the seeking or imposition of a death sentence
      whenever race, of the defendant or the victim, is the
21    basis upon which the sentence is sought. Provides for the
      court to determine the issue, which must be raised by the
22    defendant at the pretrial conference and for which the
      defendant has the burden of proof.
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