Senate Bill sb1048

    Florida Senate - 2005                                 SJR 1048

    By Senator Crist





    12-656-05

  1                 Senate Joint Resolution No. ____

  2         A joint resolution proposing an amendment to

  3         Section 1 of Article V of the State

  4         Constitution, relating to the courts;

  5         prohibiting a court from conducting collateral

  6         or postconviction judicial review of a criminal

  7         judgment or sentence except as authorized by

  8         general law.

  9  

10  Be It Resolved by the Legislature of the State of Florida:

11  

12         That the following amendment to Section 1 of Article V

13  of the State Constitution is agreed to and shall be submitted

14  to the electors of this state for approval or rejection at the

15  next general election or at an earlier special election

16  specifically authorized by law for that purpose:

17                            ARTICLE V

18                            JUDICIARY

19         SECTION 1.  Courts; review of criminal cases.--

20         (a)  The judicial power shall be vested in a supreme

21  court, district courts of appeal, circuit courts and county

22  courts.  No other courts may be established by the state, any

23  political subdivision or any municipality.  The legislature

24  shall, by general law, divide the state into appellate court

25  districts and judicial circuits following county lines.

26  Commissions established by law, or administrative officers or

27  bodies may be granted quasi-judicial power in matters

28  connected with the functions of their offices. The legislature

29  may establish by general law a civil traffic hearing officer

30  system for the purpose of hearing civil traffic infractions.

31  The legislature may, by general law, authorize a military

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    Florida Senate - 2005                                 SJR 1048
    12-656-05




 1  court-martial to be conducted by military judges of the

 2  Florida National Guard, with direct appeal of a decision to

 3  the District Court of Appeal, First District.

 4         (b)  A court may not require or authorize collateral or

 5  postconviction judicial review of a criminal judgment or

 6  sentence except as authorized by general law. Any procedures

 7  necessary to implement collateral or postconviction relief

 8  shall be authorized by general law, notwithstanding any other

 9  provision in this constitution. The legislature shall provide

10  for collateral or postconviction review of criminal judgments

11  and sentences by general law. This subsection does not affect

12  the right of direct appeal of a criminal judgment or sentence.

13         BE IT FURTHER RESOLVED that the following statement be

14  placed on the ballot:

15                     CONSTITUTIONAL AMENDMENT

16                       ARTICLE V, SECTION 1

17         COLLATERAL OR POSTCONVICTION JUDICIAL

18  REVIEW.--Proposing an amendment to the State Constitution to

19  prohibit any court from authorizing collateral or

20  postconviction judicial review of a criminal judgment or

21  sentence, except as authorized by general law, and providing

22  that the amendment does not affect the right of direct appeal

23  of a criminal judgment or sentence.

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31  

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