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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    Florida Senate - 2000                                  SB 14-A
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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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    Florida Senate - 2000                                  SB 14-A
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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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