1 | A bill to be entitled |
2 | An act relating to the death penalty; repealing Rule |
3 | 3.203, Florida Rules of Criminal Procedure, relating to |
4 | imposition of the death penalty; providing an effective |
5 | date. |
6 |
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7 | WHEREAS, in 2001 section 921.137, Florida Statutes, was |
8 | created to establish the public policy for the State of Florida |
9 | exempting mentally retarded persons convicted of capital crimes |
10 | from the death penalty, and |
11 | WHEREAS, section 921.137, Florida Statutes, is a current |
12 | and validly enacted law, and |
13 | WHEREAS, it is the public policy of this state that all |
14 | persons charged by indictment of a capital crime shall be tried |
15 | before a death-qualified jury, and that hearings for the |
16 | determination of mental retardation shall be conducted as |
17 | prescribed in section 921.137, Florida Statutes, and |
18 | WHEREAS, the Florida Supreme Court in Amendments to the |
19 | Florida Rules of Criminal Procedure and Rules of Appellate |
20 | Procedure, 875 So.2d 563 (Fla. 2004) adopted Rule 3.203, which |
21 | contradicts and conflicts with the express provisions of section |
22 | 921.137, Florida Statutes, and |
23 | WHEREAS, the United States Supreme Court said in Atkins v. |
24 | Virginia, 536 U.S. 304 (2002), that it ". . . found no reason to |
25 | disagree with the judgment of the legislatures which have |
26 | recently addressed the matter and concluded that death is not a |
27 | suitable punishment for a mentally retarded criminal," and |
28 | WHEREAS, all nine justices of the United States Supreme |
29 | Court in Atkins agreed that the "clearest and most reliable |
30 | objective evidence of contemporary values is the legislation |
31 | enacted by this country's legislatures," NOW, THEREFORE, |
32 |
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33 | Be It Enacted by the Legislature of the State of Florida: |
34 |
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35 | Section 1. Rule 3.203, Florida Rules of Criminal |
36 | Procedure, is repealed. |
37 | Section 2. This act shall take effect upon becoming a law, |
38 | but only if this act is enacted by a two-thirds vote of the |
39 | membership of each house of the Legislature. |