HB 0965 2003
1	A bill to be entitled
2	An act relating to sentencing in capital cases; amending
3	s. 921.141, F.S.; providing for the sentence rendered by a
4	jury in a capital case to be a mandatory sentence rather
5	than an advisory sentence; authorizing the court to review
6	a sentence of death by the jury; providing for the court
7	to sentence the defendant to life imprisonment
8	notwithstanding a sentence of death by the jury if there
9	are insufficient aggravating circumstances and sufficient
10	mitigating circumstances; amending s. 921.137, F.S.,
11	relating to the prohibition on sentencing a mentally
12	retarded defendant to death; conforming provisions to
13	changes made by the act; providing an effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1. Subsections (2) and (3) of section 921.141,
18	Florida Statutes, are amended to read:
19	921.141 Sentence of death or life imprisonment for capital
20	felonies; further proceedings to determine sentence.--
21	(2) ADVISORYSENTENCE BY THE JURY.--After hearing all the
22	evidence, the jury shall deliberate and render aan advisory
23	sentence to the court, based upon the following matters:
24	(a) Whether sufficient aggravating circumstances exist as
25	enumerated in subsection (5);
26	(b) Whether sufficient mitigating circumstances exist
27	which outweigh the aggravating circumstances found to exist; and
28	(c) Based on these considerations, whether the defendant
29	should be sentenced to life imprisonment or death.
30	(3) FINDINGS IN SUPPORT OF SENTENCE OF LIFE IMPRISONMENT
31	DEATH.--Notwithstanding a sentence of death bythe
32	recommendation ofa majority of the jury, the court, after
33	weighing the aggravating and mitigating circumstances, mayshall
34	enter a sentence of life imprisonment.or death, butIf the
35	court imposes a sentence of life imprisonmentdeath, it must
36	shallset forth in writing its findings upon which the sentence
37	of life imprisonmentdeathis based as to the facts:
38	(a) That insufficientsufficientaggravating circumstances
39	exist as enumerated in subsection (5);,and
40	(b) That there are sufficientinsufficientmitigating
41	circumstances to outweigh the aggravating circumstances.
42
43	In each case in which the court imposes the death sentence, the
44	determination of the court shall be supported by specific
45	written findings of fact based upon the circumstances in
46	subsections (5) and (6) and upon the records of the trial and
47	the sentencing proceedings. If the court does not make the
48	findings requiring the death sentence within 30 days after the
49	rendition of the judgment and sentence, the court shall impose
50	sentence of life imprisonment in accordance with s. 775.082.
51	Section 2. Subsections (4), (5), (6), (7), and (8) of
52	section 921.137, Florida Statutes, are amended to read:
53	921.137 Imposition of the death sentence upon a mentally
54	retarded defendant prohibited.--
55	(4) After a defendant who has given notice of his or her
56	intention to raise mental retardation as a bar to the death
57	sentence is convicted of a capital felony and aan advisoryjury
58	has returned a recommendedsentence of death, the defendant may
59	file a motion to determine whether the defendant has mental
60	retardation. Upon receipt of the motion, the court shall appoint
61	two experts in the field of mental retardation who shall
62	evaluate the defendant and report their findings to the court
63	and all interested parties prior to the final sentencing
64	hearing. Notwithstanding s. 921.141 or s. 921.142, the final
65	sentencing hearing shall be held without a jury. At the final
66	sentencing hearing, the court shall consider the findings of the
67	court-appointed experts and consider the findings of any other
68	expert which is offered by the state or the defense on the issue
69	of whether the defendant has mental retardation. If the court
70	finds, by clear and convincing evidence, that the defendant has
71	mental retardation as defined in subsection (1), the court may
72	not impose a sentence of death and shall enter a written order
73	that sets forth with specificity the findings in support of the
74	determination.
75	(5) If a defendant waives his or her right to a
76	recommended sentence by aan advisoryjury following a plea of
77	guilt or nolo contendere to a capital felony and adjudication of
78	guilt by the court, or following a jury finding of guilt of a
79	capital felony, upon acceptance of the waiver by the court, a
80	defendant who has given notice as required in subsection (3) may
81	file a motion for a determination of mental retardation. Upon
82	granting the motion, the court shall proceed as provided in
83	subsection (4).
84	(6) If, following a recommendation by an advisory jury
85	that the defendant be sentenced to life imprisonment, the state
86	intends to request the court to order that the defendant be
87	sentenced to death, the state must inform the defendant of such
88	request if the defendant has notified the court of his or her
89	intent to raise mental retardation as a bar to the death
90	sentence. After receipt of the notice from the state, the
91	defendant may file a motion requesting a determination by the
92	court of whether the defendant has mental retardation. Upon
93	granting the motion, the court shall proceed as provided in
94	subsection (4).
95	(6)(7)The state may appeal, pursuant to s. 924.07, a
96	determination of mental retardation made under subsection (4).
97	(7)(8)This section does not apply to a defendant who was
98	sentenced to death prior to the effective date of this act.
99	Section 3. This act shall take effect October 1, 2003.