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A bill to be entitled |
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An act relating to death sentence proceedings; amending s. |
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922.07, F.S.; modifying circumstances under which the |
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Governor must stay execution of the sentence of death; |
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providing for construction of the act in pari materia with |
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laws enacted during the 2003 Regular Session of the |
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Legislature; providing an effective date. |
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Be It Enacted by the Legislature of the State of Florida: |
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Section 1. Subsection (1) of section 922.07, Florida |
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Statutes, is amended to read: |
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922.07 Proceedings when person under sentence of death |
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appears to be insane.-- |
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(1) At any time when the Governor determines, or when the |
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Governor is informed no later than 48 hours prior to a scheduled |
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execution,that a person under sentence of death may be insane, |
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the Governor shall stay execution of the sentence and appoint a |
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commission of three psychiatrists to examine the convicted |
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person. The Governor shall notify the psychiatrists in writing |
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that they are to examine the convicted person to determine |
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whether he or she understands the nature and effect of the death |
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penalty and why it is to be imposed upon him or her. The |
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examination of the convicted person shall take place with all |
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three psychiatrists present at the same time. Counsel for the |
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convicted person and the state attorney may be present at the |
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examination. If the convicted person does not have counsel, the |
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court that imposed the sentence shall appoint counsel to |
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represent him or her. |
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Section 2. If any law amended by this act was also amended |
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by a law enacted at the 2003 Regular Session of the Legislature, |
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such laws shall be construed as if they had been enacted at the |
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same session of the Legislature, and full effect shall be given |
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to each if possible.
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Section 3. This act shall take effect July 1, 2003. |