HB 0387

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

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