Senate Bill sb0120
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Florida Senate - 2003 SB 120
By Senator Smith
14-10-03
1 A bill to be entitled
2 An act relating to sentencing in capital cases;
3 amending s. 921.141, F.S.; providing for the
4 sentence rendered by a jury in a capital case
5 to be a mandatory sentence rather than an
6 advisory sentence; authorizing the court to
7 review a sentence of death by the jury;
8 providing for the court to sentence the
9 defendant to life imprisonment notwithstanding
10 a sentence of death by the jury if there are
11 insufficient aggravating circumstances and
12 sufficient mitigating circumstances; amending
13 s. 921.137, F.S., relating to the prohibition
14 on sentencing a mentally retarded defendant to
15 death; conforming provisions to changes made by
16 the act; providing an effective date.
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18 Be It Enacted by the Legislature of the State of Florida:
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20 Section 1. Subsections (2) and (3) of section 921.141,
21 Florida Statutes, are amended to read:
22 921.141 Sentence of death or life imprisonment for
23 capital felonies; further proceedings to determine sentence.--
24 (2) ADVISORY SENTENCE BY THE JURY.--After hearing all
25 the evidence, the jury shall deliberate and render a an
26 advisory sentence to the court, based upon the following
27 matters:
28 (a) Whether sufficient aggravating circumstances exist
29 as enumerated in subsection (5);
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Florida Senate - 2003 SB 120
14-10-03
1 (b) Whether sufficient mitigating circumstances exist
2 which outweigh the aggravating circumstances found to exist;
3 and
4 (c) Based on these considerations, whether the
5 defendant should be sentenced to life imprisonment or death.
6 (3) FINDINGS IN SUPPORT OF SENTENCE OF LIFE
7 IMPRISONMENT DEATH.--Notwithstanding a sentence of death by
8 the recommendation of a majority of the jury, the court, after
9 weighing the aggravating and mitigating circumstances, may
10 shall enter a sentence of life imprisonment. or death, but If
11 the court imposes a sentence of life imprisonment death, it
12 must shall set forth in writing its findings upon which the
13 sentence of life imprisonment death is based as to the facts:
14 (a) That insufficient sufficient aggravating
15 circumstances exist as enumerated in subsection (5);, and
16 (b) That there are sufficient insufficient mitigating
17 circumstances to outweigh the aggravating circumstances.
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19 In each case in which the court imposes the death sentence,
20 the determination of the court shall be supported by specific
21 written findings of fact based upon the circumstances in
22 subsections (5) and (6) and upon the records of the trial and
23 the sentencing proceedings. If the court does not make the
24 findings requiring the death sentence within 30 days after the
25 rendition of the judgment and sentence, the court shall impose
26 sentence of life imprisonment in accordance with s. 775.082.
27 Section 2. Subsections (4), (5), (6), (7), and (8) of
28 section 921.137, Florida Statutes, are amended to read:
29 921.137 Imposition of the death sentence upon a
30 mentally retarded defendant prohibited.--
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Florida Senate - 2003 SB 120
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1 (4) After a defendant who has given notice of his or
2 her intention to raise mental retardation as a bar to the
3 death sentence is convicted of a capital felony and a an
4 advisory jury has returned a recommended sentence of death,
5 the defendant may file a motion to determine whether the
6 defendant has mental retardation. Upon receipt of the motion,
7 the court shall appoint two experts in the field of mental
8 retardation who shall evaluate the defendant and report their
9 findings to the court and all interested parties prior to the
10 final sentencing hearing. Notwithstanding s. 921.141 or s.
11 921.142, the final sentencing hearing shall be held without a
12 jury. At the final sentencing hearing, the court shall
13 consider the findings of the court-appointed experts and
14 consider the findings of any other expert which is offered by
15 the state or the defense on the issue of whether the defendant
16 has mental retardation. If the court finds, by clear and
17 convincing evidence, that the defendant has mental retardation
18 as defined in subsection (1), the court may not impose a
19 sentence of death and shall enter a written order that sets
20 forth with specificity the findings in support of the
21 determination.
22 (5) If a defendant waives his or her right to a
23 recommended sentence by a an advisory jury following a plea of
24 guilt or nolo contendere to a capital felony and adjudication
25 of guilt by the court, or following a jury finding of guilt of
26 a capital felony, upon acceptance of the waiver by the court,
27 a defendant who has given notice as required in subsection (3)
28 may file a motion for a determination of mental retardation.
29 Upon granting the motion, the court shall proceed as provided
30 in subsection (4).
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Florida Senate - 2003 SB 120
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1 (6) If, following a recommendation by an advisory jury
2 that the defendant be sentenced to life imprisonment, the
3 state intends to request the court to order that the defendant
4 be sentenced to death, the state must inform the defendant of
5 such request if the defendant has notified the court of his or
6 her intent to raise mental retardation as a bar to the death
7 sentence. After receipt of the notice from the state, the
8 defendant may file a motion requesting a determination by the
9 court of whether the defendant has mental retardation. Upon
10 granting the motion, the court shall proceed as provided in
11 subsection (4).
12 (6)(7) The state may appeal, pursuant to s. 924.07, a
13 determination of mental retardation made under subsection (4).
14 (7)(8) This section does not apply to a defendant who
15 was sentenced to death prior to the effective date of this
16 act.
17 Section 3. This act shall take effect October 1, 2003.
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20 SENATE SUMMARY
21 Deletes provisions that require the jury to render an
advisory sentence in capital cases. Provides for the
22 court to review a sentence of death imposed by a jury.
Notwithstanding a sentence of death by the jury,
23 authorizes the court to impose a sentence of life
imprisonment if there are insufficient aggravating
24 circumstances and sufficient mitigating circumstances.
(See bill for details.)
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