SENATE AMENDMENT

    Bill No. SB 12-A

    Amendment No.    

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

 5

 6

 7

 8

 9

10                                                                

11  Senator Mitchell moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 35, between lines 26 and 27,

15

16  insert:

17         Section 21.  If a court finds that a defendant has

18  mental retardation, as the term "retardation" is defined in

19  section 393.063(44), Florida Statutes, and that the defendant

20  met that definition of retardation at the time of commission

21  of the offense, the defendant may not be sentenced to death.

22  The burden of production and persuasion to demonstrate mental

23  retardation by a preponderance of the evidence is upon the

24  defendant. The court may excuse the requirements for

25  documentation under this section if the court finds that

26  extraordinary circumstances exist. The defendant must file

27  before trial a petition alleging that the defendant has mental

28  retardation. When a defendant files a petition under this

29  section, the court must order an evaluation of the defendant

30  by a competent psychologist for the purpose of providing

31  evidence of retardation.

                                  1
    12:15 PM   01/05/00                              s0012Ac-04c4e




                                                  SENATE AMENDMENT

    Bill No. SB 12-A

    Amendment No.    





 1

 2  (Redesignate subsequent sections.)

 3

 4

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

 6  And the title is amended as follows:

 7         On page 3, line 6, after the semicolon

 8

 9  insert:

10         prohibiting the imposition of the death

11         sentence on a defendant who has mental

12         retardation at the time of commission of the

13         offense; defining the term "retardation";

14         providing procedures;

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  2
    12:15 PM   01/05/00                              s0012Ac-04c4e