CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
hbd-31 Bill No. CS for HB 1-A
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) Wiles, Boyd, and Turnbull offered the
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14 Amendment (with title amendment)
15 On page 35, between lines 20 and 21,
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17 insert:
18 Section 19. If a court finds that a defendant has
19 mental retardation, as the term "retardation" is defined in
20 section 393.063(44), Florida Statutes, and that the defendant
21 met that definition of retardation at the time of commission
22 of the offense, the defendant may not be sentenced to death.
23 The burden of production and persuasion to demonstrate mental
24 retardation by a preponderance of the evidence is upon the
25 defendant. The court may excuse the requirements for
26 documentation under this section if the court finds that
27 extraordinary circumstances exist. The defendant must file
28 before trial a petition alleging that the defendant has mental
29 retardation. When a defendant files a petition under this
30 section, the court must order an evaluation of the defendant
31 by a competent psychologist for the purpose of providing
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File original & 9 copies 01/06/00
hbd0016 09:06 am A0001-0020-062245
HOUSE AMENDMENT
hbd-31 Bill No. CS for HB 1-A
Amendment No. (for drafter's use only)
1 evidence of retardation.
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3 (Redesignate subsequent sections.)
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6 ================ T I T L E A M E N D M E N T ===============
7 And the title is amended as follows:
8 On page 2, line 27, after the first semicolon
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10 insert:
11 prohibiting the imposition of the death
12 sentence on a defendant who has mental
13 retardation at the time of commission of the
14 offense; defining the term "retardation";
15 providing procedures;
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File original & 9 copies 01/06/00
hbd0016 09:06 am A0001-0020-062245