HOUSE AMENDMENT

                                                Bill No. CS/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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10                                                                

11  Representative(s) L. Miller, C. Smith, Bloom, Wilson, Hill and

12  Chestnut offered the following:

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14         Amendment (with title amendment) 

15         On page 17, line 30 of the bill

16  remove from the bill:

17         .  For the purposes of this

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19  and insert:

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21  , except that a postconviction claim that race was the basis

22  of the decision to seek a death sentence may be established if

23  the court finds that race was a significant factor in

24  decisions to seek the sentence of death in the state of

25  Florida at the time the death sentence was sought.

26         1.  Evidence relevant to support finding that race was

27  the basis of the decision to seek a death sentence may include

28  statistical evidence and other evidence that death sentences

29  were sought more frequently upon persons of one race than upon

30  persons of another race; or as punishment for capital offenses

31  against persons of one race than as punishment for capital

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    File original & 9 copies    01/06/00
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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 1-A

    Amendment No.     (for drafter's use only)





 1  offenses against persons of another race.

 2         2.  The defendant shall state with particularity how

 3  the evidence supports a claim that racial considerations

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

 5  sentence in his or her case.  The claim need not be raised by

 6  the defendant at the pre-trial conference.  The court shall

 7  schedule a hearing on the claim and shall prescribe a time for

 8  the submission of evidence by both parties.  If the court

 9  finds that race was the basis for the decision to seek the

10  death sentence, the court shall order that a death sentence

11  shall not be sought.

12         3.  The defendant has the burden of proving by clear

13  and convincing evidence that race was the basis of the

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

15  evidence in rebuttal of the claims or evidence of the

16  defendant.

17         4.  If the defendant is successful in showing that the

18  imposition of his or her death sentence was based, in whole or

19  in part, on his or her race, the death sentence shall be

20  commuted to life in prison.

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22  For the purposes of this 

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25  ================ T I T L E   A M E N D M E N T ===============

26  And the title is amended as follows:

27         On page 1, line 11 after "actions"

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29  insert:

30         and exception

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    File original & 9 copies    01/06/00
    hmo0006                     07:52 am         A0001-0059-421709