| 1 | A bill to be entitled |
| 2 | An act relating to the sentencing proceeding for a capital |
| 3 | felony; providing a popular name; amending s. 921.141, |
| 4 | F.S.; clarifying that the prosecution may introduce and |
| 5 | argue victim impact evidence to the jury; providing an |
| 6 | effective date. |
| 7 |
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| 8 | Be It Enacted by the Legislature of the State of Florida: |
| 9 |
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| 10 | Section 1. This act may be cited as the "Caroline Cody |
| 11 | Act." |
| 12 | Section 2. Subsection (7) of section 921.141, Florida |
| 13 | Statutes, is amended to read: |
| 14 | 921.141 Sentence of death or life imprisonment for capital |
| 15 | felonies; further proceedings to determine sentence.-- |
| 16 | (7) VICTIM IMPACT EVIDENCE.--Once the prosecution has |
| 17 | provided evidence of the existence of one or more aggravating |
| 18 | circumstances as described in subsection (5), the prosecution |
| 19 | may introduce, and subsequently argue, victim impact evidence to |
| 20 | the jury. Such evidence shall be designed to demonstrate the |
| 21 | victim's uniqueness as an individual human being and the |
| 22 | resultant loss to the community's members by the victim's death. |
| 23 | Characterizations and opinions about the crime, the defendant, |
| 24 | and the appropriate sentence shall not be permitted as a part of |
| 25 | victim impact evidence. |
| 26 | Section 3. This act shall take effect July 1, 2005. |