Senate Bill sb0538er

    ENROLLED

    2005 Legislature                         SB 538, 1st Engrossed



  1                                 

  2         An act relating to the sentencing proceeding

  3         for a capital felony; providing a popular name;

  4         amending s. 921.141, F.S.; clarifying that the

  5         prosecution may introduce and argue

  6         victim-impact evidence to the jury; providing

  7         an effective date.

  8  

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

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11         Section 1.  This act may be cited as the "Caroline Cody

12  Act."

13         Section 2.  Subsection (7) of section 921.141, Florida

14  Statutes, is amended to read:

15         921.141  Sentence of death or life imprisonment for

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

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

18  provided evidence of the existence of one or more aggravating

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

20  may introduce, and subsequently argue, victim impact evidence

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

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

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

24  death.  Characterizations and opinions about the crime, the

25  defendant, and the appropriate sentence shall not be permitted

26  as a part of victim impact evidence.

27         Section 3.  This act shall take effect July 1, 2005.

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