Senate Bill sb0538

    Florida Senate - 2005                                   SB 538

    By Senator Smith





    14-551-05

  1                      A bill to be entitled

  2         An act relating to the sentencing proceeding

  3         for a capital felony; amending s. 921.141,

  4         F.S.; clarifying that the prosecution may

  5         introduce and argue victim-impact evidence to

  6         the jury; providing an effective date.

  7  

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

  9  

10         Section 1.  Subsection (7) of section 921.141, Florida

11  Statutes, is amended to read:

12         921.141  Sentence of death or life imprisonment for

13  capital felonies; further proceedings to determine sentence.--

14         (7)  VICTIM IMPACT EVIDENCE.--Once the prosecution has

15  provided evidence of the existence of one or more aggravating

16  circumstances as described in subsection (5), the prosecution

17  may introduce, and subsequently argue, victim impact evidence

18  to the jury. Such evidence shall be designed to demonstrate

19  the victim's uniqueness as an individual human being and the

20  resultant loss to the community's members by the victim's

21  death.  Characterizations and opinions about the crime, the

22  defendant, and the appropriate sentence shall not be permitted

23  as a part of victim impact evidence.

24         Section 2.  This act shall take effect July 1, 2005.

25  

26            *****************************************

27                          SENATE SUMMARY

28    Provides that evidence of the impact of the crime upon
      the victim may be provided and argued to the jury during
29    the sentencing of a defendant convicted of a capital
      felony.
30  

31  

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