HB 0063 2004
1	A bill to be entitled
2	An act relating to imposition of a death sentence;
3	creating s. 921.1415, F.S.; providing that only criminals
4	who were 18 years of age or older at the time the crime
5	was committed may be sentenced to death; amending s.
6	775.082, F.S., to conform; providing an effective date.
7
8	Be It Enacted by the Legislature of the State of Florida:
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10	Section 1. Section 921.1415, Florida Statutes, is created
11	to read:
12	921.1415 Sentence of death; minimum age requirement.--The
13	death sentence is an authorized punishment for persons who are
14	18 years of age or older at the time of the commission of a
15	capital crime. However, notwithstanding any other provision of
16	this chapter, the death sentence is not an authorized punishment
17	for any person who, at the time of the commission of the crime,
18	was younger than 18 years of age.
19	Section 2. Subsection (1) of section 775.082, Florida
20	Statutes, is amended to read:
21	775.082 Penalties; applicability of sentencing structures;
22	mandatory minimum sentences for certain reoffenders previously
23	released from prison.--
24	(1) A court shall sentence a person to life imprisonment
25	without possibility of parole if the person is convicted of a
26	capital felony committed when that person was younger than 18
27	years of age.A person who has been convicted of a capital
28	felony committed when that person was 18 years of age or older
29	shall be sentenced to punished bydeath if the proceeding held
30	to determine sentence according to the procedure set forth in s.
31	921.141 results in findings by the court that such person shall
32	be sentenced to punished bydeath, otherwise such person shall
33	be sentenced to punished by life imprisonment without
34	possibility of and shall be ineligible forparole.
35	Section 3. This act shall take effect upon becoming a law.