House Bill 0901
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 901
By Representative Roberts
1 A bill to be entitled
2 An act relating to the sentencing of capital
3 felons; amending ss. 921.141 and 921.142, F.S.;
4 providing for a separate proceeding to
5 determine if the defendant accused of or
6 convicted of a capital felony is mentally
7 retarded; prescribing the penalty to be imposed
8 if the defendant is determined to be mentally
9 retarded; requiring the defendant to raise the
10 claim of mental retardation; providing
11 circumstances under which such claim may be
12 waived; defining mental retardation; providing
13 an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Subsection (1) of section 921.141, Florida
18 Statutes, is amended to read:
19 921.141 Sentence of death or life imprisonment for
20 capital felonies; further proceedings to determine sentence.--
21 (1) SEPARATE PROCEEDINGS ON ISSUE OF PENALTY.--
22 (a) Upon conviction or adjudication of guilt of a
23 defendant of a capital felony, the court shall conduct a
24 separate sentencing proceeding to determine whether the
25 defendant should be sentenced to death or life imprisonment as
26 authorized by s. 775.082. The proceeding shall be conducted by
27 the trial judge before the trial jury as soon as practicable.
28 If, through impossibility or inability, the trial jury is
29 unable to reconvene for a hearing on the issue of penalty,
30 having determined the guilt of the accused, the trial judge
31 may summon a special juror or jurors as provided in chapter
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1 913 to determine the issue of the imposition of the penalty.
2 If the trial jury has been waived, or if the defendant pleaded
3 guilty, the sentencing proceeding shall be conducted before a
4 jury impaneled for that purpose, unless waived by the
5 defendant. In the proceeding, evidence may be presented as to
6 any matter that the court deems relevant to the nature of the
7 crime and the character of the defendant and shall include
8 matters relating to any of the aggravating or mitigating
9 circumstances enumerated in subsections (5) and (6). may be
10 received, regardless of its admissibility under the
11 exclusionary rules of evidence, provided the defendant is
12 accorded a fair opportunity to rebut any hearsay statements.
13 However, this subsection shall not be construed to authorize
14 the introduction of any evidence secured in violation of the
15 Constitution of the United States or the Constitution of the
16 State of Florida. The state and the defendant or the
17 defendant's counsel shall be permitted to present argument for
18 or against sentence of death.
19 (b) If the court determines, by clear and convincing
20 evidence, that the defendant suffers from mental retardation,
21 as defined in s. 916.106(12), the court shall sentence the
22 defendant to life imprisonment. The defendant shall bear the
23 burden of persuasion to demonstrate that he or she is mentally
24 retarded. The failure of the defendant to raise the claim that
25 he or she is mentally retarded at the sentencing phase shall
26 waive any such claim. No postconviction claim may be based on
27 the assertion that a defendant could have or should have been
28 sentenced to life imprisonment based on the defendant's
29 alleged mental retardation. This claim may only be raised in
30 capital criminal prosecutions occurring after the effective
31 date of this act and may not be raised in any postconviction
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1 proceeding. This claim may only be raised in the guilt phase
2 of a capital criminal proceeding. For purposes of this
3 section, "mental retardation" means significantly subaverage
4 intellectual functioning existing concurrently with deficits
5 in adaptive behavior and manifested during the period from
6 conception to age 18. "Adaptive behavior," for the purpose of
7 this definition, means the effectiveness with which an
8 individual meets the standards of personal independence and
9 social responsibility expected of a person of the individual's
10 age, cultural group, and community.
11 Section 2. Subsection (2) of section 921.142, Florida
12 Statutes, is amended to read:
13 921.142 Sentence of death or life imprisonment for
14 capital drug trafficking felonies; further proceedings to
15 determine sentence.--
16 (2) SEPARATE PROCEEDINGS ON ISSUE OF PENALTY.--
17 (a) Upon conviction or adjudication of guilt of a
18 defendant of a capital felony under s. 893.135, the court
19 shall conduct a separate sentencing proceeding to determine
20 whether the defendant should be sentenced to death or life
21 imprisonment as authorized by s. 775.082. The proceeding
22 shall be conducted by the trial judge before the trial jury as
23 soon as practicable. If, through impossibility or inability,
24 the trial jury is unable to reconvene for a hearing on the
25 issue of penalty, having determined the guilt of the accused,
26 the trial judge may summon a special juror or jurors as
27 provided in chapter 913 to determine the issue of the
28 imposition of the penalty. If the trial jury has been waived,
29 or if the defendant pleaded guilty, the sentencing proceeding
30 shall be conducted before a jury impaneled for that purpose,
31 unless waived by the defendant. In the proceeding, evidence
3
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 901
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1 may be presented as to any matter that the court deems
2 relevant to the nature of the crime and the character of the
3 defendant and shall include matters relating to any of the
4 aggravating or mitigating circumstances enumerated in
5 subsections (6) and (7). Any such evidence which the court
6 deems to have probative value may be received, regardless of
7 its admissibility under the exclusionary rules of evidence,
8 provided the defendant is accorded a fair opportunity to rebut
9 any hearsay statements. However, this subsection shall not be
10 construed to authorize the introduction of any evidence
11 secured in violation of the Constitution of the United States
12 or the Constitution of the State of Florida. The state and the
13 defendant or the defendant's counsel shall be permitted to
14 present argument for or against sentence of death.
15 (b) If the court determines, by clear and convincing
16 evidence, that the defendant suffers from mental retardation,
17 as defined in s. 916.106(12), the court shall sentence the
18 defendant to life imprisonment. The defendant shall bear the
19 burden of persuasion to demonstrate that he or she is mentally
20 retarded. The failure of the defendant to raise the claim that
21 he or she is mentally retarded at the sentencing phase shall
22 waive any such claim. No postconviction claim may be based on
23 the assertion that a defendant could have or should have been
24 sentenced to life imprisonment based on the defendant's
25 alleged mental retardation. This claim may only be raised in
26 capital criminal prosecutions occurring after the effective
27 date of this act and may not be raised in any postconviction
28 proceeding. This claim may only be raised in the guilt phase
29 of a capital criminal proceeding. For purposes of this
30 section, "mental retardation" means significantly subaverage
31 intellectual functioning existing concurrently with deficits
4
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 901
235-255-00
1 in adaptive behavior and manifested during the period from
2 conception to age 18. "Adaptive behavior," for the purpose of
3 this definition, means the effectiveness with which an
4 individual meets the standards of personal independence and
5 social responsibility expected of a person of the individual's
6 age, cultural group, and community.
7 Section 3. This act shall take effect October 1, 2000.
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10 HOUSE SUMMARY
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Provides for a separate proceeding to determine if the
12 defendant accused of or convicted of a capital felony is
mentally retarded. Prescribes the penalty to be imposed
13 if the defendant is determined to be mentally retarded.
Requires the defendant to raise the claim of mental
14 retardation. Provides circumstances under which such
claim may be waived. Defines mental retardation.
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