Senate Bill sb0224

    Florida Senate - 2004                                   SB 224

    By Senator Crist





    12-281-04

  1                      A bill to be entitled

  2         An act relating to imposition of a death

  3         sentence; creating s. 921.1415, F.S.; providing

  4         that only criminals who were 18 years of age or

  5         older at the time the crime was committed may

  6         be sentenced to death; amending s. 775.082,

  7         F.S., to conform; providing an effective date.

  8  

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

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11         Section 1.  Section 921.1415, Florida Statutes, is

12  created to read:

13         921.1415  Sentence of death; minimum age

14  requirement.--The death sentence is an authorized punishment

15  for persons who are 18 years of age or older at the time of

16  the commission of a capital crime. However, notwithstanding

17  any other provision of this chapter, the death sentence is not

18  an authorized punishment for any person who, at the time of

19  the commission of the crime, was younger than 18 years of age.

20         Section 2.  Subsection (1) of section 775.082, Florida

21  Statutes, is amended to read:

22         775.082  Penalties; applicability of sentencing

23  structures; mandatory minimum sentences for certain

24  reoffenders previously released from prison.--

25         (1)  A court shall sentence a person to life

26  imprisonment without possibility of parole if the person is

27  convicted of a capital felony committed when that person was

28  younger than 18 years of age. A person who has been convicted

29  of a capital felony committed when that person was 18 years of

30  age or older shall be sentenced to punished by death if the

31  proceeding held to determine sentence according to the

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    Florida Senate - 2004                                   SB 224
    12-281-04




 1  procedure set forth in s. 921.141 results in findings by the

 2  court that such person shall be sentenced to punished by

 3  death, otherwise such person shall be sentenced to punished by

 4  life imprisonment without possibility of and shall be

 5  ineligible for parole.

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

 7  law.

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10                          SENATE SUMMARY

11    Provides that a sentence of death is not an authorized
      punishment for a person who, at the time of the crime,
12    was younger than 18 years of age. Requires that the court
      sentence a person to life imprisonment without
13    possibility of parole if the person is convicted of a
      capital felony committed when that person was younger
14    than 18 years of age.

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