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

12  following:

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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