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

16         .  For the purposes of this

17

18  and insert:

19

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

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

22  the court finds that race was a significant factor in

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

24  Florida at the time the death sentence was sought.

25         1.  Evidence relevant to support finding that race was

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

27  statistical evidence and other evidence that death sentences

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

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

30  against persons of one race than as punishment for capital

31  offenses against persons of another race.

                                  1
    10:00 AM   01/06/00                              s0012Ac-3614a




                                                  SENATE AMENDMENT

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

    Amendment No.    





 1         2.  The defendant shall state with particularity how

 2  the evidence supports a claim that racial considerations

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

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

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

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

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

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

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

10  shall not be sought.

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

12  and convincing evidence that race was the basis of the

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

14  evidence in rebuttal of the claims or evidence of the

15  defendant.

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

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

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

19  commuted to life in prison.

20

21  For the purposes of this 

22

23

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

25  And the title is amended as follows:

26         On page 1, line 11 after "actions"

27

28  insert:

29         and exception

30

31

                                  2
    10:00 AM   01/06/00                              s0012Ac-3614a