HB 979

1	A bill to be entitled
2	An act relating to sentencing in capital felonies;
3	amending ss. 921.141 and 921.142, F.S.; requiring that an
4	advisory sentence of death be made by a unanimous
5	recommendation of the jury after a defendant's conviction
6	or adjudication of guilt for a capital felony or capital
7	drug trafficking felony; requiring that the court enter a
8	sentence notwithstanding the unanimous recommendation of
9	the jury; providing an effective date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1.  Subsections (2) and (3) of section 921.141,
14	Florida Statutes, are amended to read:
15	921.141  Sentence of death or life imprisonment for capital
16	felonies; further proceedings to determine sentence.-
17	(2)  ADVISORY SENTENCE BY THE JURY.-After hearing all the
18	evidence, the jury shall deliberate and render an advisory
19	sentence to the court, based upon the following matters:
20	(a)  Whether sufficient aggravating circumstances exist as
21	enumerated in subsection (5);
22	(b)  Whether sufficient mitigating circumstances exist
23	which outweigh the aggravating circumstances found to exist; and
24	(c)  Based on these considerations, whether the defendant
25	should be sentenced to life imprisonment or death.
26
27	Effective for an offense committed on or after October 1, 2011,
28	an advisory sentence of death must be made by a unanimous
29	recommendation of the jury.
30	(3)  FINDINGS IN SUPPORT OF SENTENCE OF DEATH.-
31	Notwithstanding the recommendation of a majority of the jury or
32	a unanimous recommendation of the jury, the court, after
33	weighing the aggravating and mitigating circumstances, shall
34	enter a sentence of life imprisonment or death, but if the court
35	imposes a sentence of death, it shall set forth in writing its
36	findings upon which the sentence of death is based as to the
37	facts:
38	(a)  That sufficient aggravating circumstances exist as
39	enumerated in subsection (5);, and
40	(b)  That there are insufficient mitigating circumstances
41	to outweigh the aggravating circumstances.
42
43	In each case in which the court imposes the death sentence, the
44	determination of the court shall be supported by specific
45	written findings of fact based upon the circumstances in
46	subsections (5) and (6) and upon the records of the trial and
47	the sentencing proceedings. If the court does not make the
48	findings requiring the death sentence within 30 days after the
49	rendition of the judgment and sentence, the court shall impose
50	sentence of life imprisonment in accordance with s. 775.082.
51	Section 2.  Subsections (3) and (4) of section 921.142,
52	Florida Statutes, are amended to read:
53	921.142  Sentence of death or life imprisonment for capital
54	drug trafficking felonies; further proceedings to determine
55	sentence.-
56	(3)  ADVISORY SENTENCE BY THE JURY.-After hearing all the
57	evidence, the jury shall deliberate and render an advisory
58	sentence to the court, based upon the following matters:
59	(a)  Whether sufficient aggravating circumstances exist as
60	enumerated in subsection (6);
61	(b)  Whether sufficient mitigating circumstances exist
62	which outweigh the aggravating circumstances found to exist; and
63	(c)  Based on these considerations, whether the defendant
64	should be sentenced to life imprisonment or death.
65
66	Effective for an offense committed on or after October 1, 2011,
67	an advisory sentence of death must be made by a unanimous
68	recommendation of the jury.
69	(4)  FINDINGS IN SUPPORT OF SENTENCE OF DEATH.-
70	Notwithstanding the recommendation of a majority of the jury or
71	a unanimous recommendation of the jury, the court, after
72	weighing the aggravating and mitigating circumstances, shall
73	enter a sentence of life imprisonment or death, but if the court
74	imposes a sentence of death, it shall set forth in writing its
75	findings upon which the sentence of death is based as to the
76	facts:
77	(a)  That sufficient aggravating circumstances exist as
78	enumerated in subsection (6);, and
79	(b)  That there are insufficient mitigating circumstances
80	to outweigh the aggravating circumstances.
81
82	In each case in which the court imposes the death sentence, the
83	determination of the court shall be supported by specific
84	written findings of fact based upon the circumstances in
85	subsections(6) and (7) and upon the records of the trial and the
86	sentencing proceedings. If the court does not make the findings
87	requiring the death sentence within 30 days after the rendition
88	of the judgment and sentence, the court shall impose sentence of
89	life imprisonment in accordance with s. 775.082, and that person
90	shall be ineligible for parole.
91	Section 3.  This act shall take effect October 1, 2011.

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