Senate Bill sb0124

    Florida Senate - 2001                                  SJR 124

    By Senator Burt





    16-145A-01

  1                 Senate Joint Resolution No. ____

  2         A joint resolution proposing an amendment to

  3         Section 17 of Article I of the State

  4         Constitution, relating to excessive punishment.

  5

  6  Be It Resolved by the Legislature of the State of Florida:

  7

  8         That the following amendment to Section 17 of Article I

  9  of the State Constitution is agreed to and shall be submitted

10  to the electors of this state for approval or rejection at the

11  next general election or at an earlier special election

12  specifically authorized by law for that purpose.

13

14                            ARTICLE I

15                      DECLARATION OF RIGHTS

16

17         SECTION 17.  Excessive punishments.--Excessive fines,

18  cruel and or unusual punishment, attainder, forfeiture of

19  estate, indefinite imprisonment, and unreasonable detention of

20  witnesses are forbidden. The death penalty is an authorized

21  punishment for capital crimes designated by the Legislature.

22  The prohibition against cruel or unusual punishment, and the

23  prohibition against cruel and unusual punishment, shall be

24  construed in conformity with decisions of the United States

25  Supreme Court which interpret the prohibition against cruel

26  and unusual punishment provided in the Eighth Amendment to the

27  United States Constitution.  Any method of execution shall be

28  allowed, unless prohibited by the United States Constitution.

29  Methods of execution may be designated by the Legislature, and

30  a change in any method of execution may be applied

31  retroactively.  A sentence of death shall not be reduced on

                                  1

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






    Florida Senate - 2001                                  SJR 124
    16-145A-01




  1  the basis that a method of execution is invalid. In any case

  2  in which an execution method is declared invalid, the death

  3  sentence shall remain in force until the sentence can be

  4  lawfully executed by any valid method. This section shall

  5  apply retroactively.

  6         BE IT FURTHER RESOLVED that the following statement be

  7  placed on the ballot:

  8                     CONSTITUTIONAL AMENDMENT

  9                      ARTICLE I, SECTION 17

10         PROHIBITING CRUEL AND UNUSUAL PUNISHMENT, NOT CRUEL OR

11  UNUSUAL PUNISHMENT.--Proposing an amendment to the State

12  Constitution to prohibit cruel and unusual punishment rather

13  than cruel or unusual punishment; to require that such

14  prohibition be construed in conformity with decisions of the

15  United States Supreme Court which interpret the federal

16  constitutional prohibition against cruel and unusual

17  punishment; to provide that the death penalty is an authorized

18  punishment for any capital crime designated by the

19  Legislature; to allow any method of execution not prohibited

20  by the Federal Constitution; to provide that the Legislature

21  may designate methods of execution; to authorize retroactive

22  application of a change in any method of execution; to provide

23  that, when a method of execution is declared invalid, a death

24  sentence shall not be reduced and shall remain in force until

25  it can be carried out by a valid method; and to provide for

26  retroactive application of this section.

27

28

29

30

31

                                  2

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