Bill Text: FL S1736 | 2020 | Regular Session | Introduced
Bill Title: Criminal Proceedings
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2020-03-14 - Died in Judiciary [S1736 Detail]
Download: Florida-2020-S1736-Introduced.html
Florida Senate - 2020 SB 1736 By Senator Broxson 1-01219A-20 20201736__ 1 A bill to be entitled 2 An act relating to criminal proceedings; providing a 3 short title; amending s. 918.015, F.S.; specifying 4 speedy trial periods for persons accused as 5 perpetrators of acts of mass violence; defining terms; 6 providing for extension of time periods if certain 7 conditions are met; providing construction; requesting 8 the Supreme Court to adopt certain rules for the cases 9 of persons accused as perpetrators of acts of mass 10 violence concerning speedy trial periods, docketing of 11 capital appeals, habeas proceedings, and screening of 12 postconviction claims; amending s. 922.052, F.S.; 13 requiring the clerk of the Florida Supreme Court to 14 provide a specified notice to the Governor concerning 15 persons sentenced to death for incidents of mass 16 violence; revising requirements for issuance of death 17 warrants for persons convicted as perpetrators of acts 18 of mass violence; amending s. 924.056, F.S.; requiring 19 that the Supreme Court make certain reports concerning 20 the cases of persons accused as perpetrators of acts 21 of mass violence; amending s. 27.710, F.S.; conforming 22 a cross-reference; providing an effective date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26 Section 1. This act may be cited as the “Justice for 27 Victims of Mass Violence Act.” 28 Section 2. Section 918.015, Florida Statutes, is amended to 29 read: 30 918.015 Right to speedy trial.— 31 (1)(a) In all criminal prosecutions the state and the 32 defendant shall each have the right to a speedy trial. 33 (b)1. A defendant charged with an offense as a perpetrator 34 of an incident of mass violence shall be brought to trial within 35 175 days after being taken into custody by the state or 60 days 36 after being charged with such an offense by indictment or 37 information, whichever is earlier. 38 2. As used in this paragraph: 39 a. The term “incident of mass violence” means an event or 40 series of events with no intervening cooling-off period which 41 involve intentional violent criminal acts, including shootings 42 or acts of terrorism, which: 43 (I) Target groups of defenseless persons and result in 44 death or injury to at least four persons. 45 (II) Cause physical, emotional, or psychological injury to 46 a community. 47 48 An incident of mass violence is often, but need not be, designed 49 to achieve political, economic, or social objectives. 50 b. The term “victim” means a person killed or injured 51 during an incident of mass violence, not including the 52 perpetrator. 53 3. The periods of time established in subparagraph 1. may 54 be extended for exceptional circumstances, provided the period 55 of time requested to be extended has not expired at the time the 56 extension was procured. A request for extension under this 57 subparagraph may not be granted without a hearing at which 58 victims and their families may be heard. Exceptional 59 circumstances do not include general congestion of the court’s 60 docket, lack of diligent preparation, failure to obtain 61 available witnesses, or other avoidable or foreseeable delays. 62 Exceptional circumstances are those that, as a matter of 63 substantial justice to the defendant or the state or both, 64 require an order by the court. Exceptional circumstances 65 include: 66 a. Unexpected illness, unexpected incapacity, or 67 unforeseeable and unavoidable absence of a person whose presence 68 or testimony is uniquely necessary for a full and adequate 69 trial. 70 b. A showing by the defendant or the state that the case is 71 so unusual and so complex, because of the number of defendants 72 or the nature of the prosecution or otherwise, that it is 73 unreasonable to expect adequate investigation or preparation 74 within the periods of time established in subparagraph 1. 75 c. A showing by the defendant or the state that specific 76 evidence or testimony is not available despite diligent efforts 77 to secure it, but will become available at a later time. 78 d. A showing by the defendant or the state of the necessity 79 for delay grounded on developments that could not have been 80 anticipated and will materially affect the trial. 81 e. A showing that a delay is necessary to accommodate a 82 codefendant, when there is reason not to sever the cases to 83 proceed promptly with trial of the defendant. 84 f. A showing by the state that the defendant has caused 85 major delay or disruption of preparation of proceedings, as by 86 preventing the attendance of witnesses or otherwise. 87 4. This paragraph provides no substantive rights for a 88 defendant if the trial does not commence within the applicable 89 period. A violation of this paragraph does not provide grounds 90 to have a conviction or sentence set aside or to create a cause 91 of action for money damages against the state, a county, a 92 municipality, or any agency, public official, or employee 93 thereof. 94 (2) The Supreme Court shall, by ruleof said court, provide 95 procedures through which the right to a speedy trial as 96 guaranteed by subsection (1) and by s. 16, Art. I of the State 97 Constitution, shall be realized. The Supreme Court is requested 98 to adopt any rules necessary to implement paragraph (1)(b) to 99 the extent that it is procedural. 100 Section 3. The Supreme Court is requested to adopt rules 101 for practice and procedure for all courts to require courts to 102 give capital appeals and habeas proceedings in cases of 103 defendants convicted as perpetrators of incidents of mass 104 violence, as defined in s. 918.015(1)(b)2., Florida Statutes, 105 priority over all other cases on their dockets. 106 Section 4. The Supreme Court is requested to create rules 107 of procedure ensuring that only meritorious claims are 108 entertained in successive postconviction proceedings in a case 109 of a defendant convicted as a perpetrator of an incident of mass 110 violence, as defined in s. 918.015(1)(b)2., Florida Statutes. 111 The court is requested to consider adopting a rule of procedure 112 for such cases requiring trial courts to perform an initial 113 screening of all successive postconviction motions within 30 114 days after briefing is completed and to summarily dismiss any 115 successive postconviction motion that clearly contains solely 116 nonmeritorious claims within 30 days thereafter. 117 Section 5. Subsection (2) of section 922.052, Florida 118 Statutes, is amended to read: 119 922.052 Issuance of warrant of execution.— 120 (2)(a) The clerk of the Florida Supreme Court shall inform 121 the Governor in writing certifying that a person convicted and 122 sentenced to death, before or after the effective date of the123act,has: 124 1. Completed such person’s direct appeal and initial 125 postconviction proceeding in state court and habeas corpus 126 proceeding and appeal therefrom in federal court; or 127 2. Allowed the time permitted for filing a habeas corpus 128 petition in federal court to expire. 129 (b) Notwithstanding paragraph (a), the clerk of the Florida 130 Supreme Court shall inform the Governor in writing certifying 131 that a person convicted as a perpetrator of an incident of mass 132 violence, as defined in s. 918.015(1)(b)2., and sentenced to 133 death has completed such person’s direct appeal and initial 134 postconviction proceeding in state court. 135 (c)(b)Within 30 days after receiving the letter of 136 certification from the clerk of the Florida Supreme Court, the 137 Governor shall issue a warrant for execution if the executive 138 clemency process has concluded, directing the warden to execute 139 the sentence within 180 days, at a time designated in the 140 warrant. 141 (d)(c)If, in the Governor’s sole discretion, the clerk of 142 the Florida Supreme Court has not complied withthe provisions143ofparagraph (a) or paragraph (b) with respect to any person 144 sentenced to death, the Governor may sign a warrant of execution 145 for such person where the executive clemency process has 146 concluded. 147 Section 6. Subsection (1) of section 924.056, Florida 148 Statutes, is amended to read: 149 924.056Capital postconviction proceedings;Reporting 150 requirements; capital cases; incidents of mass violence.— 151 (1) The Supreme Court shall annually report to the Speaker 152 of the House of Representatives and the President of the Senate: 153 (a) The status of each capital case in which a 154 postconviction action has been filed that has been continuously 155 pending for more than 3 years. The report must include the name 156 of the state court judge involved in the case. 157 (b) The status of each case involving a defendant charged 158 as a perpetrator of an incident of mass violence, as defined in 159 s. 918.015(1)(b)2., in which: 160 1. The defendant was not brought to trial within 175 days 161 after being taken into custody by the state or within 60 days 162 after being charged with a crime of mass violence by indictment 163 or information, whichever is earlier; 164 2. A continuance was granted by the trial court; or 165 3. An appeal, habeas petition, postconviction motion, or 166 successive postconviction motion has been continuously pending 167 in any court for more than 1 year. 168 169 The report shall include the reason for delay in each case. 170 Section 7. Subsection (5) of section 27.710, Florida 171 Statutes, is amended to read: 172 27.710 Registry of attorneys applying to represent persons 173 in postconviction capital collateral proceedings; certification 174 of minimum requirements; appointment by trial court.— 175 (5)(a) Upon the motion of the capital collateral regional 176 counsel to withdrawpursuant to s. 924.056(1)(a); or 177 (b) Upon notification by the state attorney or the Attorney 178 General that: 179 1. Thirty days have elapsed since appointment of the 180 capital collateral regional counsel and no entry of appearance 181 has been filedpursuant to s. 924.056; or 182 2. A person under sentence of death who was previously 183 represented by private counsel is currently unrepresented in a 184 postconviction capital collateral proceeding, 185 186 the executive director shall immediately notify the trial court 187 that imposed the sentence of death that the court must 188 immediately appoint an attorney, selected from the current 189 registry, to represent such person in collateral actions 190 challenging the legality of the judgment and sentence in the 191 appropriate state and federal courts. The court shall have the 192 authority to strike a notice of appearance filed by a Capital 193 Collateral Regional Counsel, if the court finds the notice was 194 not filed in good faith and may so notify the executive director 195 that the client is no longer represented by the Office of 196 Capital Collateral Regional Counsel. In making an assignment, 197 the court shall give priority to attorneys whose experience and 198 abilities in criminal law, especially in capital proceedings, 199 are known by the court to be commensurate with the 200 responsibility of representing a person sentenced to death. The 201 trial court must issue an order of appointment which contains 202 specific findings that the appointed counsel meets the statutory 203 requirements and has the high ethical standards necessary to 204 represent a person sentenced to death. 205 Section 8. This act shall take effect October 1, 2020.