Bill Text: FL H0029 | 2012 | Regular Session | Introduced


Bill Title: Sentencing in Capital Felonies

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Failed) 2012-03-09 - Died in Criminal Justice Subcommittee [H0029 Detail]

Download: Florida-2012-H0029-Introduced.html
HB 29

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