HB 29

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
4	an advisory sentence of death be made by a unanimous
5	recommendation of the jury after a defendant's
6	conviction or adjudication of guilt for a capital
7	felony or capital drug trafficking felony; requiring
8	that the court enter a sentence notwithstanding the
9	unanimous recommendation of the jury; providing an
10	effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1.  Subsections (2) and (3) of section 921.141,
15	Florida Statutes, are amended to read:
16	921.141  Sentence of death or life imprisonment for capital
17	felonies; further proceedings to determine sentence.-
18	(2)  ADVISORY SENTENCE BY THE JURY.-After hearing all the
19	evidence, the jury shall deliberate and render an advisory
20	sentence to the court, based upon the following matters:
21	(a)  Whether sufficient aggravating circumstances exist as
22	enumerated in subsection (5);
23	(b)  Whether sufficient mitigating circumstances exist
24	which outweigh the aggravating circumstances found to exist; and
25	(c)  Based on these considerations, whether the defendant
26	should be sentenced to life imprisonment or death.
27
28	Effective for an offense committed on or after October 1, 2012,
29	an advisory sentence of death must be made by a unanimous
30	recommendation of the jury.
31	(3)  FINDINGS IN SUPPORT OF SENTENCE OF DEATH.-
32	Notwithstanding the recommendation of a majority of the jury or
33	a unanimous recommendation of the jury, the court, after
34	weighing the aggravating and mitigating circumstances, shall
35	enter a sentence of life imprisonment or death, but if the court
36	imposes a sentence of death, it shall set forth in writing its
37	findings upon which the sentence of death is based as to the
38	facts:
39	(a)  That sufficient aggravating circumstances exist as
40	enumerated in subsection (5);, and
41	(b)  That there are insufficient mitigating circumstances
42	to outweigh the aggravating circumstances.
43
44	In each case in which the court imposes the death sentence, the
45	determination of the court shall be supported by specific
46	written findings of fact based upon the circumstances in
47	subsections (5) and (6) and upon the records of the trial and
48	the sentencing proceedings. If the court does not make the
49	findings requiring the death sentence within 30 days after the
50	rendition of the judgment and sentence, the court shall impose
51	sentence of life imprisonment in accordance with s. 775.082.
52	Section 2.  Subsections (3) and (4) of section 921.142,
53	Florida Statutes, are amended to read:
54	921.142  Sentence of death or life imprisonment for capital
55	drug trafficking felonies; further proceedings to determine
56	sentence.-
57	(3)  ADVISORY SENTENCE BY THE JURY.-After hearing all the
58	evidence, the jury shall deliberate and render an advisory
59	sentence to the court, based upon the following matters:
60	(a)  Whether sufficient aggravating circumstances exist as
61	enumerated in subsection (6);
62	(b)  Whether sufficient mitigating circumstances exist
63	which outweigh the aggravating circumstances found to exist; and
64	(c)  Based on these considerations, whether the defendant
65	should be sentenced to life imprisonment or death.
66
67	Effective for an offense committed on or after October 1, 2012,
68	an advisory sentence of death must be made by a unanimous
69	recommendation of the jury.
70	(4)  FINDINGS IN SUPPORT OF SENTENCE OF DEATH.-
71	Notwithstanding the recommendation of a majority of the jury or
72	a unanimous recommendation of the jury, the court, after
73	weighing the aggravating and mitigating circumstances, shall
74	enter a sentence of life imprisonment or death, but if the court
75	imposes a sentence of death, it shall set forth in writing its
76	findings upon which the sentence of death is based as to the
77	facts:
78	(a)  That sufficient aggravating circumstances exist as
79	enumerated in subsection (6);, and
80	(b)  That there are insufficient mitigating circumstances
81	to outweigh the aggravating circumstances.
82
83	In each case in which the court imposes the death sentence, the
84	determination of the court shall be supported by specific
85	written findings of fact based upon the circumstances in
86	subsections (6) and (7) and upon the records of the trial and
87	the sentencing proceedings. If the court does not make the
88	findings requiring the death sentence within 30 days after the
89	rendition of the judgment and sentence, the court shall impose
90	sentence of life imprisonment in accordance with s. 775.082, and
91	that person shall be ineligible for parole.
92	Section 3.  This act shall take effect October 1, 2012.

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