SENATE AMENDMENT

    Bill No. SB 12-A, 1st Eng.

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5

 6

 7

 8

 9

10                                                                

11  Senators Meek, Hargrett, Dyer, Holzendorf, Campbell, and Jones

12  moved the following amendment:

13

14         Senate Amendment (with title amendment) 

15         On page 18, line 12, delete the phrase ". For the

16  purposes of this"

17

18  and insert:  , except that a postconviction claim that race

19  was the basis of the decision to seek a death sentence may be

20  established if the court finds that race was a significant

21  factor in decisions to seek the sentence of death in the state

22  of Florida at the time the death sentence was sought.

23         1.  Evidence relevant to support finding that race was

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

25  statistical evidence and other evidence that death sentences

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

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

28  against persons of one race than as punishment for capital

29  offenses against persons of another race.

30         2.  If the defendant is successful in showing that the

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

                                  1
    2:09 PM   01/06/00                               s0012Ac-36101




                                                  SENATE AMENDMENT

    Bill No. SB 12-A, 1st Eng.

    Amendment No.    





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

 2  commuted to life in prison.

 3

 4  For the purposes of this

 5

 6

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

 8  And the title is amended as follows:

 9         On page 1, line 11, after the semicolon,

10

11  insert:

12         providing an exception

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  2
    2:09 PM   01/06/00                               s0012Ac-36101