Senate Bill 0014A
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    Florida Senate - 2000                                  SB 14-A
    By Senators Mitchell, Sullivan, Dawson, Forman, Burt,
    Brown-Waite, Latvala, Kurth, Sebesta, King, Klein, Meek,
    Horne, Bronson, Clary, Cowin, Campbell and Holzendorf
    41-774-00
  1                      A bill to be entitled
  2         An act relating to the sentencing of capital
  3         felons; amending ss. 921.141, 921.142, F.S.;
  4         providing for a separate proceeding to
  5         determine whether a defendant accused of or
  6         convicted of a capital felony is mentally
  7         retarded; prescribing the penalty to be imposed
  8         if the defendant is determined to be mentally
  9         retarded; amending s. 924.07, F.S.; providing
10         that the state may appeal a determination that
11         a defendant is mentally retarded; providing a
12         definition of mental retardation; providing an
13         effective date.
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15  Be It Enacted by the Legislature of the State of Florida:
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17         Section 1.  Subsection (1) of section 921.141, Florida
18  Statutes, is amended to read:
19         921.141  Sentence of death or life imprisonment for
20  capital felonies; further proceedings to determine sentence.--
21         (1)  SEPARATE PROCEEDINGS ON ISSUE OF PENALTY.--
22         (a)  Upon conviction or adjudication of guilt of a
23  defendant of a capital felony, or upon a pretrial motion by
24  the defendant, the court shall conduct a separate sentencing
25  proceeding to determine whether the defendant should be
26  sentenced to death or life imprisonment without consideration
27  of a sentence of death due to the defendant's allegation that
28  the defendant suffers from mental retardation. If the court
29  determines, by a preponderance of the evidence, that the
30  defendant suffers from mental retardation, the court shall
31  sentence the defendant to life imprisonment. The determination
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    Florida Senate - 2000                                  SB 14-A
    41-774-00
  1  shall be made by the trial judge without the jury. The court
  2  shall enter a written order that outlines its findings of fact
  3  and conclusions of law to justify the determination of mental
  4  retardation. A determination of mental retardation under this
  5  paragraph is not an adjudication of incompetence or a
  6  dismissal of any criminal charge or conviction.
  7         (b)  The state may appeal, pursuant to s. 924.07, a
  8  determination of mental retardation made under paragraph (a).
  9         (c)  If a convicted capital felon waives the right to
10  proceed under paragraph (a) or if the court determines that a
11  convicted capital felon does not suffer from mental
12  retardation as provided in paragraph (a), the court shall
13  conduct a separate proceeding to determine whether the
14  convicted capital felon should be sentenced to death or life
15  imprisonment as authorized by s. 775.082. The proceeding shall
16  be conducted by the trial judge before the trial jury as soon
17  as practicable.  If, through impossibility or inability, the
18  trial jury is unable to reconvene for a hearing on the issue
19  of penalty, having determined the guilt of the accused, the
20  trial judge may summon a special juror or jurors as provided
21  in chapter 913 to determine the issue of the imposition of the
22  penalty.  If the trial jury has been waived, or if the
23  defendant pleaded guilty, the sentencing proceeding shall be
24  conducted before a jury impaneled for that purpose, unless
25  waived by the defendant.  In the proceeding, evidence may be
26  presented as to any matter that the court deems relevant to
27  the nature of the crime and the character of the defendant and
28  shall include matters relating to any of the aggravating or
29  mitigating circumstances enumerated in subsections (5) and
30  (6).  Any such evidence that which the court deems to have
31  probative value may be received, regardless of its
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    Florida Senate - 2000                                  SB 14-A
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  1  admissibility under the exclusionary rules of evidence,
  2  provided the defendant is accorded a fair opportunity to rebut
  3  any hearsay statements. However, this subsection does shall
  4  not be construed to authorize the introduction of any evidence
  5  secured in violation of the Constitution of the United States
  6  or the Constitution of the State of Florida.  The state and
  7  the defendant or the defendant's counsel shall be permitted to
  8  present argument for or against sentence of death.
  9         Section 2.  Subsection (2) of section 921.142, Florida
10  Statutes, is amended to read:
11         921.142  Sentence of death or life imprisonment for
12  capital drug trafficking felonies; further proceedings to
13  determine sentence.--
14         (2)  SEPARATE PROCEEDINGS ON ISSUE OF PENALTY.--
15         (a)  Upon conviction or adjudication of guilt of a
16  defendant of a capital felony under s. 893.135, or upon a
17  pretrial motion by the defendant, the court shall conduct a
18  separate sentencing proceeding to determine whether the
19  defendant should be sentenced to death or life imprisonment
20  without consideration of a sentence of death due to the
21  defendant's allegation that the defendant suffers from mental
22  retardation. If the court determines, by a preponderance of
23  the evidence, that the defendant suffers from mental
24  retardation, the court shall sentence the defendant to life
25  imprisonment. The determination shall be made by the trial
26  judge without the jury. The court shall enter a written order
27  that outlines its findings of fact and conclusions of law to
28  justify the determination of mental retardation. A
29  determination of mental retardation under this paragraph is
30  not an adjudication of incompetence or a dismissal of any
31  criminal charge or conviction.
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  1         (b)  The state may appeal, pursuant to s. 924.07, a
  2  determination of mental retardation made under paragraph (a).
  3         (c)  If a convicted capital felon waives the right to
  4  proceed under paragraph (a) or if the court determines that a
  5  convicted capital felon does not suffer from mental
  6  retardation as provided in paragraph (a), the court shall
  7  conduct a separate proceeding to determine whether the
  8  convicted capital felon should be sentenced to death or life
  9  imprisonment as authorized by s. 775.082.  The proceeding
10  shall be conducted by the trial judge before the trial jury as
11  soon as practicable.  If, through impossibility or inability,
12  the trial jury is unable to reconvene for a hearing on the
13  issue of penalty, having determined the guilt of the accused,
14  the trial judge may summon a special juror or jurors as
15  provided in chapter 913 to determine the issue of the
16  imposition of the penalty.  If the trial jury has been waived,
17  or if the defendant pleaded guilty, the sentencing proceeding
18  shall be conducted before a jury impaneled for that purpose,
19  unless waived by the defendant.  In the proceeding, evidence
20  may be presented as to any matter that the court deems
21  relevant to the nature of the crime and the character of the
22  defendant and shall include matters relating to any of the
23  aggravating or mitigating circumstances enumerated in
24  subsections (6) and (7).  Any such evidence that which the
25  court deems to have probative value may be received,
26  regardless of its admissibility under the exclusionary rules
27  of evidence, provided the defendant is accorded a fair
28  opportunity to rebut any hearsay statements.  However, this
29  subsection does shall not be construed to authorize the
30  introduction of any evidence secured in violation of the
31  Constitution of the United States or the Constitution of the
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  1  State of Florida. The state and the defendant or the
  2  defendant's counsel shall be permitted to present argument for
  3  or against sentence of death.
  4         Section 3.  Paragraph (m) is added to subsection (1) of
  5  section 924.07, Florida Statutes, to read:
  6         924.07  Appeal by state.--
  7         (1)  The state may appeal from:
  8         (m)  An order pursuant to s. 921.141(1)(a) or s.
  9  921.142(2)(a) declaring a defendant mentally retarded.
10         Section 4.  For purposes of sections 921.141 and
11  921.142, Florida Statutes, the term "mental retardation" means
12  significantly subaverage general intellectual functioning
13  existing concurrently with deficits in adaptive behavior and
14  manifested during the period from conception to age 18. The
15  term "significantly subaverage general intellectual
16  functioning," for the purpose of this definition, means an
17  intelligence quotient of 55 or less on a standardized
18  intelligence test specified in the rules of the Department of
19  Children and Family Services. The term "adaptive behavior,"
20  for the purpose of this definition, means the effectiveness or
21  degree with which an individual meets the standards of
22  personal independence and social responsibility expected of
23  the individual's age, cultural group, and community.
24         Section 5.  This act shall take effect upon becoming a
25  law.
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    Florida Senate - 2000                                  SB 14-A
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  2                          SENATE SUMMARY
  3    Requires that the court conduct a separate proceeding
      without a jury to determine whether a defendant is
  4    mentally retarded if the defendant is accused of or
      convicted of a capital felony. Provides that the
  5    defendant be sentenced to life imprisonment if the court
      determines that the defendant is mentally retarded.
  6    Provides that the state may appeal a determination that a
      defendant accused of or convicted of a capital felony is
  7    mentally retarded. Defines the term "mental retardation"
      for purposes of the act.
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