Bill Text: FL S0334 | 2014 | Regular Session | Introduced


Bill Title: Sentencing in Capital Felonies

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2014-05-02 - Died in Criminal Justice [S0334 Detail]

Download: Florida-2014-S0334-Introduced.html
       Florida Senate - 2014                                     SB 334
       
       
        
       By Senator Altman
       
       
       
       
       
       16-00289A-14                                           2014334__
    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         the court to instruct the jury that, in order for the
    9         jury to recommend to the court that the death penalty
   10         be imposed, the jury must find that sufficient
   11         aggravating circumstances exist which outweigh any
   12         mitigating circumstances found to exist; requiring the
   13         court to instruct the jury that each aggravating
   14         circumstance used to support the jury’s recommendation
   15         of death must be proven beyond a reasonable doubt by a
   16         unanimous vote; requiring that the court provide a
   17         special verdict form for each aggravating circumstance
   18         found; providing an effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Subsections (2) and (3) of section 921.141,
   23  Florida Statutes, are amended to read:
   24         921.141 Sentence of death or life imprisonment for capital
   25  felonies; further proceedings to determine sentence.—
   26         (2) ADVISORY SENTENCE BY THE JURY.—After hearing all the
   27  evidence, the jury shall deliberate and render an advisory
   28  sentence to the court, based upon the following matters:
   29         (a) Whether sufficient aggravating circumstances exist as
   30  enumerated in subsection (5);
   31         (b) Whether sufficient mitigating circumstances exist which
   32  outweigh the aggravating circumstances found to exist; and
   33         (c) Based on these considerations, whether the defendant
   34  should be sentenced to life imprisonment or death.
   35  
   36  Effective for an offense committed on or after October 1, 2014,
   37  an advisory sentence of death may be made only by a unanimous
   38  recommendation of the jury. The court shall instruct the jury
   39  that, in order for the jury to recommend to the court that the
   40  death penalty be imposed, the jury must find that sufficient
   41  aggravating circumstances exist which outweigh any mitigating
   42  circumstances found to exist. The court shall further instruct
   43  the jury that each aggravating circumstance used to support the
   44  jury’s recommendation of death must be proven beyond a
   45  reasonable doubt and be made by a unanimous vote. The court
   46  shall provide a special verdict form for each aggravating
   47  circumstance found.
   48         (3) FINDINGS IN SUPPORT OF SENTENCE OF DEATH.
   49  Notwithstanding the recommendation of a majority of the jury,
   50  the court, after weighing the aggravating and mitigating
   51  circumstances, shall enter a sentence of life imprisonment or
   52  death, but if the court imposes a sentence of death, it shall
   53  set forth in writing its findings upon which the sentence of
   54  death is based as to the facts:
   55         (a) That sufficient aggravating circumstances exist as
   56  enumerated in subsection (5);, and
   57         (b) That there are insufficient mitigating circumstances to
   58  outweigh the aggravating circumstances.
   59  
   60  In each case in which the court imposes the death sentence, the
   61  determination of the court shall be supported by specific
   62  written findings of fact based upon the circumstances in
   63  subsections (5) and (6) and upon the records of the trial and
   64  the sentencing proceedings. If the court does not make the
   65  findings requiring the death sentence within 30 days after the
   66  rendition of the judgment and sentence, the court shall impose
   67  sentence of life imprisonment in accordance with s. 775.082.
   68         Section 2. Subsections (3) and (4) of section 921.142,
   69  Florida Statutes, are amended to read:
   70         921.142 Sentence of death or life imprisonment for capital
   71  drug trafficking felonies; further proceedings to determine
   72  sentence.—
   73         (3) ADVISORY SENTENCE BY THE JURY.—After hearing all the
   74  evidence, the jury shall deliberate and render an advisory
   75  sentence to the court, based upon the following matters:
   76         (a) Whether sufficient aggravating circumstances exist as
   77  enumerated in subsection (6);
   78         (b) Whether sufficient mitigating circumstances exist which
   79  outweigh the aggravating circumstances found to exist; and
   80         (c) Based on these considerations, whether the defendant
   81  should be sentenced to life imprisonment or death.
   82  
   83  Effective for an offense committed on or after October 1, 2014,
   84  an advisory sentence of death may be made only by a unanimous
   85  recommendation of the jury. The court shall instruct the jury
   86  that, in order for the jury to recommend to the court that the
   87  death penalty be imposed, the jury must find that sufficient
   88  aggravating circumstances exist which outweigh any mitigating
   89  circumstances found to exist. The court shall further instruct
   90  the jury that each aggravating circumstance used to support the
   91  jury’s recommendation of death must be proven beyond a
   92  reasonable doubt and be made by a unanimous vote. The court
   93  shall provide a special verdict form for each aggravating
   94  circumstance found.
   95         (4) FINDINGS IN SUPPORT OF SENTENCE OF DEATH.
   96  Notwithstanding the recommendation of a majority of the jury,
   97  the court, after weighing the aggravating and mitigating
   98  circumstances, shall enter a sentence of life imprisonment or
   99  death, but if the court imposes a sentence of death, it shall
  100  set forth in writing its findings upon which the sentence of
  101  death is based as to the facts:
  102         (a) That sufficient aggravating circumstances exist as
  103  enumerated in subsection (6);, and
  104         (b) That there are insufficient mitigating circumstances to
  105  outweigh the aggravating circumstances.
  106  
  107  In each case in which the court imposes the death sentence, the
  108  determination of the court shall be supported by specific
  109  written findings of fact based upon the circumstances in
  110  subsections (6) and (7) and upon the records of the trial and
  111  the sentencing proceedings. If the court does not make the
  112  findings requiring the death sentence within 30 days after the
  113  rendition of the judgment and sentence, the court shall impose
  114  sentence of life imprisonment in accordance with s. 775.082, and
  115  the defendant is that person shall be ineligible for parole.
  116         Section 3. This act shall take effect July 1, 2014.

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