House Bill 0005A

CODING: Words stricken are deletions; words underlined are additions.







    Florida House of Representatives - 2000                 HB 5-A

        By Representatives Crist, Ball, Trovillion, Futch,
    Merchant and Crady





  1                      A bill to be entitled

  2         An act relating to the death penalty; amending

  3         ss. 922.10 and 922.105, F.S.; providing for the

  4         death sentence to be executed by lethal

  5         injection; providing for a person who is

  6         sentenced to death to elect a death sentence

  7         executed by electrocution; providing a

  8         procedure for making such election; providing

  9         for a person whose warrant of execution is

10         pending on a specified date to elect a sentence

11         of death by electrocution; providing a

12         procedure for making such election; providing

13         an effective date.

14

15  Be It Enacted by the Legislature of the State of Florida:

16

17         Section 1.  Section 922.10, Florida Statutes, is

18  amended to read:

19         922.10  Execution of death sentence; executioner.--A

20  death sentence shall be executed by electrocution or lethal

21  injection in accordance with s. 922.105. The warden of the

22  state prison shall designate the executioner. Information

23  which, if released, would identify the executioner is

24  confidential and exempt from the provisions of s. 119.07(1)

25  and s. 24(a), Art. I of the State Constitution. The warrant

26  authorizing the execution shall be read to the convicted

27  person immediately before execution.

28         Section 2.  Section 922.105, Florida Statutes, is

29  amended to read:

30         922.105  Execution of death sentence by lethal

31  injection if death by electrocution is declared

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    Florida House of Representatives - 2000                 HB 5-A

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  1  unconstitutional; prohibition against reduction of death

  2  sentence as a result of determination that a method of

  3  execution is unconstitutional.--

  4         (1)  A death sentence shall be executed by lethal

  5  injection, unless the person sentenced to death affirmatively

  6  elects to be executed by electrocution. The sentence shall be

  7  executed under the direction of the Secretary of Corrections

  8  or the secretary's designee pursuant to s. 922.10.

  9         (2)  A person convicted and sentenced to death for a

10  capital crime at any time shall have one opportunity to elect

11  that his or her death sentence be executed by electrocution.

12  The election for death by electrocution is waived unless it is

13  personally made by the person in writing and delivered to the

14  warden of the correctional facility within 30 days after the

15  issuance of mandate pursuant to a decision by the State

16  Supreme Court affirming the sentence of death or, if mandate

17  issued before the effective date of this act, the election

18  must be made and delivered to the warden within 30 days after

19  the effective date of this act. If a warrant of execution is

20  pending on the effective date of this act, or if a warrant is

21  issued within 30 days after the effective date of this act,

22  the person sentenced to death who is the subject of the

23  warrant shall have waived election of electrocution as the

24  method of execution unless a written election signed by the

25  person is submitted to the warden of the correctional facility

26  no later than 48 hours after a new date for execution of the

27  death sentence is set by the Governor under s. 922.06.

28         (3)  If electrocution or lethal injection is held to be

29  unconstitutional by the Florida Supreme Court under the State

30  Constitution, or held to be unconstitutional by the United

31  States Supreme Court under the United States Constitution, or

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    Florida House of Representatives - 2000                 HB 5-A

    537-293-00






  1  if the United States Supreme Court declines to review any

  2  judgment holding a method of execution electrocution to be

  3  unconstitutional under the United States Constitution made by

  4  the Florida Supreme Court or the United States Court of

  5  Appeals that has jurisdiction over Florida, all persons

  6  sentenced to death for a capital crime shall be executed by

  7  any constitutional method of execution lethal injection.

  8         (4)(2)  The provisions of the opinion and all points of

  9  law decided by the United States Supreme Court in Malloy v.

10  South Carolina, 237 U.S. 180 (1915), finding that the Ex Post

11  Facto Clause of the United States Constitution is not violated

12  by a legislatively enacted change in the method of execution

13  for a sentence of death validly imposed for previously

14  committed capital murders, are adopted by the Legislature as

15  the law of this state.

16         (5)(3)  A change in the method of execution does not

17  increase the punishment or modify the penalty of death for

18  capital murder. Any legislative change to the method of

19  execution for the crime of capital murder does not violate s.

20  10, Art. I or s. 9, Art. X of the State Constitution.

21         (6)(4)  Notwithstanding any law to the contrary, a

22  person authorized by state law to prescribe medication and

23  designated by the Department of Corrections may prescribe the

24  drug or drugs necessary to compound a lethal injection.

25  Notwithstanding any law to the contrary, a person authorized

26  by state law to prepare, compound, or dispense medication and

27  designated by the Department of Corrections may prepare,

28  compound, or dispense a lethal injection.  For purposes of

29  this section, prescription, preparation, compounding,

30  dispensing, and administration of a lethal injection does not

31  constitute the practice of medicine, nursing, or pharmacy.

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    Florida House of Representatives - 2000                 HB 5-A

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  1         (7)(5)  The policies and procedures of the Department

  2  of Corrections for execution of persons sentenced to death

  3  shall be exempt from chapter 120.

  4         (8)(6)  Notwithstanding s. 775.082(2), s. 775.15(1)(a),

  5  or s. 790.161(4), or any other provision to the contrary, no

  6  sentence of death shall be reduced as a result of a

  7  determination that a method of execution is declared

  8  unconstitutional under the State Constitution or the

  9  Constitution of the United States.  In any case in which an

10  execution method is declared unconstitutional, the death

11  sentence shall remain in force until the sentence can be

12  lawfully executed by any valid method of execution.

13         (9)(7)  Nothing contained in this chapter is intended

14  to require any physician, nurse, pharmacist, or employee of

15  the Department of Corrections or any other person to assist in

16  any aspect of an execution which is contrary to the person's

17  moral or ethical beliefs.

18         Section 3.  This act shall take effect upon becoming a

19  law.

20

21            *****************************************

22                          HOUSE SUMMARY

23
      Provides that persons who have been or are sentenced to
24    death shall be executed by lethal injection unless the
      person elects to be executed by electrocution. Provides a
25    time period for making the election.

26
      Provides for alternative methods of execution if lethal
27    injection is declared unconstitutional.

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