Florida Senate - 2018                                     SB 870
       
       
        
       By Senator Bracy
       
       
       
       
       
       11-00587-18                                            2018870__
    1                        A bill to be entitled                      
    2         An act relating to capital felonies; amending ss.
    3         921.141 and 921.142, F.S.; providing legislative
    4         findings and intent regarding the retroactive
    5         application of Hurst v. State, No. SC12-1947 (Fla.,
    6         October 14, 2016); providing an effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Present subsection (9) of section 921.141,
   11  Florida Statutes, is redesignated as subsection (10), and a new
   12  subsection (9) is added to that section, to read:
   13         921.141 Sentence of death or life imprisonment for capital
   14  felonies; further proceedings to determine sentence.—
   15         (9) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
   16  that the Florida Supreme Court decided in Asay v. State, No.
   17  SC16-223, SC16-102, and SC16-628 (Fla., December 22, 2016), that
   18  Hurst v. State, No. SC12-1947 (Fla., October 14, 2016), will not
   19  apply in cases in which the death sentence became final prior to
   20  June 24, 2002, the day that the United States Supreme Court
   21  issued its opinion in Ring v. Arizona, 536 U.S. 584 (2002). The
   22  Legislature finds that the court’s decision not to apply Hurst
   23  v. State in the cases of inmates whose death sentences became
   24  final before June 24, 2002, will result in a miscarriage of
   25  justice for those inmates. The Legislature further finds that
   26  the retroactive application of Hurst v. State to death row cases
   27  in which the death sentence became final before June 24, 2002,
   28  will provide a more just and final resolution in those cases.
   29  Therefore, it is the intent of the Legislature that Hurst v.
   30  State, No. SC12-1947 (Fla., October 14, 2016), apply in cases in
   31  which the death sentence became final before June 24, 2002.
   32         Section 2. Subsection (1) of section 921.142, Florida
   33  Statutes, is amended to read:
   34         921.142 Sentence of death or life imprisonment for capital
   35  drug trafficking felonies; further proceedings to determine
   36  sentence.—
   37         (1) LEGISLATIVE FINDINGS AND INTENT.—
   38         (a) The Legislature finds that trafficking in cocaine or
   39  opiates carries a grave risk of death or danger to the public;
   40  that a reckless disregard for human life is implicit in
   41  knowingly trafficking in cocaine or opiates; and that persons
   42  who traffic in cocaine or opiates may be determined by the trier
   43  of fact to have a culpable mental state of reckless indifference
   44  or disregard for human life.
   45         (b) The Legislature finds that the Florida Supreme Court
   46  decided in Asay v. State, No. SC16-223, SC16-102, and SC16-628
   47  (Fla., December 22, 2016), that Hurst v. State, No. SC12-1947
   48  (Fla., October 14, 2016), will not apply in cases in which the
   49  death sentence became final prior to June 24, 2002, the day that
   50  the United States Supreme Court issued its opinion in Ring v.
   51  Arizona, 536 U.S. 584 (2002). The Legislature finds that the
   52  court’s decision not to apply Hurst v. State in the cases of
   53  inmates whose death sentences became final before June 24, 2002,
   54  will result in a miscarriage of justice for those inmates. The
   55  Legislature further finds that the retroactive application of
   56  Hurst v. State to death row cases in which the death sentence
   57  became final before June 24, 2002, will provide a more just and
   58  final resolution in those cases. Therefore, it is the intent of
   59  the Legislature that Hurst v. State, No. SC12-1947 (Fla.,
   60  October 14, 2016), apply in cases in which the death sentence
   61  became final before June 24, 2002.
   62         Section 3. This act shall take effect July 1, 2018.