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.
