HB 4005: Death Penalty
GENERAL BILL by Rehwinkel Vasilinda ; (CO-INTRODUCERS) Rouson
Death Penalty; Deletes provisions providing for death penalty for capital felonies; deletes provisions relating to representation in death penalty cases; repeals provisions relating to capital collateral representation, jurors in capital cases, prohibiting imposition of death sentence on defendant with mental retardation, determination of whether to impose sentence of death or life imprisonment for capital felony or capital drug trafficking felony, issuance of warrant of execution, stay of execution of death sentence, proceedings when person under sentence of death appears to be insane, proceedings when person under sentence of death appears to be pregnant, grounds for death warrant, execution of death sentence, prohibition against reduction of death sentence as result of determination that method of execution is unconstitutional, sentencing orders in capital cases, regulation of execution, transfer to state prison for safekeeping before death warrant issued, return of warrant of execution issued by Governor, sentence of death unexecuted for unjustifiable reasons, & return of warrant of execution issued by Supreme Court.
Last Action: 2/7/2013 House - Unfavorable by Criminal Justice Subcommittee, laid on Table; YEAS 4 NAYS 9, companion bill(s) passed, see CS/CS/HB 7083 (Ch. 2013-216) -HJ 153
Bill Text: PDF
Bill History
| Date | Chamber | Action |
|---|---|---|
| 1/4/2013 | House |
• Filed |
| 1/23/2013 | House |
• Referred to Criminal Justice Subcommittee; Justice Appropriations Subcommittee; Judiciary Committee -HJ 133 |
| 1/31/2013 | House |
• On Committee agenda-- Criminal Justice Subcommittee, 02/07/13, 2:00 pm, 404 HOB |
| 3/5/2013 | House |
• Introduced -HJ 133 |
| 2/7/2013 | House |
• Unfavorable by Criminal Justice Subcommittee, laid on Table; YEAS 4 NAYS 9, companion bill(s) passed, see CS/CS/HB 7083 (Ch. 2013-216) -HJ 153 |
Related Bills
| Bill Number | Subject | Filed By | Relationship | Last Action and Location | Track Bills |
|---|---|---|---|---|---|
| S 1022 | Death Penalty | Bullard | Identical |
Last Action: 5/3/2013 S Died in Judiciary, companion bill(s) passed, see CS/CS/HB 7083 (Ch. 2013-216)
Location: In committee/council (JU) |
|
| H 4057 | Criminal Proceedings | Taylor | Compare |
Last Action: 5/3/2013 H Died in Criminal Justice Subcommittee, companion bill(s) passed, see CS/CS/HB 7083 (Ch. 2013-216)
Location: In committee/council (CRJS) |
|
| H 7083 (er) | Death Penalty | Criminal Justice Subcommittee | Compare |
Last Action: 6/17/2013 Chapter No. 2013-216
Location: Became Law |
|
| S 1750 (c1) | Death Penalty | Negron | Compare |
Last Action: 4/26/2013 S Laid on Table, companion bill(s) passed, see CS/CS/HB 7083 (Ch. 2013-216) -SJ 680
Location: Laid on Table |
|
Committee Amendments
Floor Amendments
Bill Analyses
| Type | Analysis | Author | Posted | Format |
|---|---|---|---|---|
| Bill Analysis | H 4005 | Criminal Justice Subcommittee (Post-Meeting) | 2/7/2013 7:02 PM |
Vote History - Committee
No Committee Vote History AvailableVote History - Floor
No Vote History AvailableCitations - Statutes (51)
| Citation | Catchline | Location in Bill Location In Bill Help |
|---|---|---|
| 27.51 | Duties of public defender. | Page 4 (pdf) |
| 27.511 | Offices of criminal conflict and civil regional counsel; legislative intent; qualifications; appointment; duties. | Page 4 (pdf) |
| 27.7001 | Legislative intent and findings. | Page 6 (pdf) |
| 27.7002 | Limitation on collateral representation; lawyer disqualification; use of state funds for excess fees not authorized. | Page 6 (pdf) |
| 27.701 | Capital collateral regional counsel. | Page 6 (pdf) |
| 27.702 | Duties of the capital collateral regional counsel; reports. | Page 6 (pdf) |
| 27.703 | Conflict of interest and substitute counsel. | Page 6 (pdf) |
| 27.704 | Appointment of assistants and other staff. | Page 6 (pdf) |
| 27.705 | Salaries of capital collateral regional counsel and assistant capital collateral counsel. | Page 6 (pdf) |
| 27.706 | Private practice of law prohibited. | Page 6 (pdf) |
| 27.707 | Investigators; service of process. | Page 6 (pdf) |
| 27.708 | Access to prisoners; compliance with the Florida Rules of Criminal Procedure; records requests. | Page 6 (pdf) |
| 27.7081 | Capital postconviction public records production. | Page 6 (pdf) |
| 27.7091 | Legislative recommendations to Supreme Court; postconviction proceedings; pro bono service credit. | Page 6 (pdf) |
| 27.710 | Registry of attorneys applying to represent persons in postconviction capital collateral proceedings; certification of minimum requirements; appointment by trial court. | Page 6 (pdf) |
| 27.711 | Terms and conditions of appointment of attorneys as counsel in postconviction capital collateral proceedings. | Page 6 (pdf) |
| 27.715 | Capital Collateral Regional Counsel Trust Fund. | Page 6 (pdf) |
| 119.071 | General exemptions from inspection or copying of public records. | Page 6 (pdf) |
| 282.201 | State data center system; agency duties and limitations. | Page 7 (pdf) |
| 394.912 | Definitions. | Page 11 (pdf) |
| 775.082 | Penalties; applicability of sentencing structures; mandatory minimum sentences for certain reoffenders previously released from prison. | Page 3 (pdf) |
| 775.15 | Time limitations; general time limitations; exceptions. | Page 8 (pdf) |
| 782.04 | Murder. | Page 9 (pdf) |
| 782.065 | Murder; law enforcement officer, correctional officer, correctional probation officer. | Page 11 (pdf) |
| 790.161 | Making, possessing, throwing, projecting, placing, or discharging any destructive device or attempt so to do, felony; penalties. | Page 8 (pdf) |
| 794.011 | Sexual battery. | Page 12 (pdf) |
| 893.135 | Trafficking; mandatory sentences; suspension or reduction of sentences; conspiracy to engage in trafficking. | Page 12 (pdf) |
| 913.13 | Jurors in capital cases. | Page 9 (pdf) |
| 921.137 | Imposition of the death sentence upon a defendant with mental retardation prohibited. | Page 9 (pdf) |
| 921.141 | Sentence of death or life imprisonment for capital felonies; further proceedings to determine sentence. | Page 9 (pdf) |
| 921.142 | Sentence of death or life imprisonment for capital drug trafficking felonies; further proceedings to determine sentence. | Page 9 (pdf) |
| 922.052 | Issuance of warrant of execution. | Page 27 (pdf) |
| 922.06 | Stay of execution of death sentence. | Page 27 (pdf) |
| 922.07 | Proceedings when person under sentence of death appears to be insane. | Page 27 (pdf) |
| 922.08 | Proceedings when person under sentence of death appears to be pregnant. | Page 27 (pdf) |
| 922.095 | Grounds for death warrant; limitations of actions. | Page 27 (pdf) |
| 922.10 | Execution of death sentence; executioner. | Page 27 (pdf) |
| 922.105 | Execution of death sentence; prohibition against reduction of death sentence as a result of determination that a method of execution is unconstitutional. | Page 27 (pdf) |
| 922.108 | Sentencing orders in capital cases. | Page 27 (pdf) |
| 922.11 | Regulation of execution. | Page 27 (pdf) |
| 922.111 | Transfer to state prison for safekeeping before death warrant issued. | Page 27 (pdf) |
| 922.12 | Return of warrant of execution issued by Governor. | Page 27 (pdf) |
| 922.14 | Sentence of death unexecuted for unjustifiable reasons. | Page 27 (pdf) |
| 922.15 | Return of warrant of execution issued by Supreme Court. | Page 27 (pdf) |
| 924.055 | Postconviction review in capital cases; legislative findings and intent. | Page 28 (pdf) |
| 924.056 | Commencement of capital postconviction actions for which sentence of death is imposed on or after January 14, 2000; limitations on actions. | Page 29 (pdf) |
| 924.057 | Limitation on postconviction cases in which the death sentence was imposed before January 14, 2000. | Page 29 (pdf) |
| 924.058 | Capital postconviction claims. | Page 29 (pdf) |
| 924.059 | Time limitations and judicial review in capital postconviction actions. | Page 29 (pdf) |
| 925.11 | Postsentencing DNA testing. | Page 30 (pdf) |
| 945.10 | Confidential information. | Page 30 (pdf) |
Citations - Constitution (0)
No Constitutional citations.
Citations - Chapter Law (0)
No Chapter Law citations.
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