Bill Text: FL S1066 | 2011 | Regular Session | Introduced

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Bill Title: Sentencing in Capital Felonies

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S1066 Detail]

Download: Florida-2011-S1066-Introduced.html

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       Florida Senate - 2011                                    SB 1066
       
       
       
       By Senator Altman
       
       
       
       
       24-01147A-11                                          20111066__
    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
    4         that, after a specified date, an advisory sentence of
    5         death be made by a unanimous recommendation of the
    6         jury following a defendant’s conviction or
    7         adjudication of guilt for a capital felony or capital
    8         drug trafficking felony; requiring that the court
    9         enter a sentence notwithstanding the unanimous
   10         recommendation of the jury; providing an effective
   11         date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsections (2) and (3) of section 921.141,
   16  Florida Statutes, are amended to read:
   17         921.141 Sentence of death or life imprisonment for capital
   18  felonies; further proceedings to determine sentence.—
   19         (2) ADVISORY SENTENCE BY THE JURY.—After hearing all the
   20  evidence, the jury shall deliberate and render an advisory
   21  sentence to the court, based upon the following matters:
   22         (a) Whether sufficient aggravating circumstances exist as
   23  enumerated in subsection (5);
   24         (b) Whether sufficient mitigating circumstances exist which
   25  outweigh the aggravating circumstances found to exist; and
   26         (c) Based on these considerations, whether the defendant
   27  should be sentenced to life imprisonment or death.
   28  
   29  Effective for an offense committed on or after October 1, 2011,
   30  an advisory sentence of death must be made by a unanimous
   31  recommendation of the jury.
   32         (3) FINDINGS IN SUPPORT OF SENTENCE OF DEATH.
   33  Notwithstanding the recommendation of a majority of the jury,
   34  the court, after weighing the aggravating and mitigating
   35  circumstances, shall enter a sentence of life imprisonment or
   36  death, but if the court imposes a sentence of death, it shall
   37  set forth in writing its findings upon which the sentence of
   38  death is based as to the facts:
   39         (a) That sufficient aggravating circumstances exist as
   40  enumerated in subsection (5), and
   41         (b) That there are insufficient mitigating circumstances to
   42  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 which
   63  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, 2011,
   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,
   72  the court, after weighing the aggravating and mitigating
   73  circumstances, shall enter a sentence of life imprisonment or
   74  death, but if the court imposes a sentence of death, it shall
   75  set forth in writing its findings upon which the sentence of
   76  death is based as to the facts:
   77         (a) That sufficient aggravating circumstances exist as
   78  enumerated in subsection (6), and
   79         (b) That there are insufficient mitigating circumstances to
   80  outweigh the aggravating circumstances.
   81  
   82  In each case in which the court imposes the death sentence, the
   83  determination of the court shall be supported by specific
   84  written findings of fact based upon the circumstances in
   85  subsections (6) and (7) and upon the records of the trial and
   86  the sentencing proceedings. If the court does not make the
   87  findings requiring the death sentence within 30 days after the
   88  rendition of the judgment and sentence, the court shall impose
   89  sentence of life imprisonment in accordance with s. 775.082, and
   90  that person shall be ineligible for parole.
   91         Section 3. This act shall take effect October 1, 2011.