Senate Bill sb0346

    Florida Senate - 2005                                   SB 346

    By Senator Crist





    12-443-05

  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 applicability;

  8         providing an effective date.

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

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12         Section 1.  Section 921.1415, Florida Statutes, is

13  created to read:

14         921.1415  Sentence of death; minimum age

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

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

17  the commission of a capital crime. However, notwithstanding

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

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

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

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

22  Statutes, is amended to read:

23         775.082  Penalties; applicability of sentencing

24  structures; mandatory minimum sentences for certain

25  reoffenders previously released from prison.--

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

27  imprisonment without possibility of parole if the person is

28  convicted of a capital felony committed when that person was

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

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

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

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    Florida Senate - 2005                                   SB 346
    12-443-05




 1  proceeding held to determine sentence according to the

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

 3  court that the such person shall be sentenced to punished by

 4  death, otherwise the such person shall be sentenced to

 5  punished by life imprisonment without possibility of and shall

 6  be ineligible for parole.

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

 8  law and shall apply only to offenses committed on or after

 9  that date.

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12                          SENATE SUMMARY

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

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