Bill Text: FL S0352 | 2012 | Regular Session | Introduced

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Bill Title: Sentencing In Capital Felonies

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2012-03-09 - Died in Criminal Justice [S0352 Detail]

Download: Florida-2012-S0352-Introduced.html

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       Florida Senate - 2012                                     SB 352
       
       
       
       By Senator Braynon
       
       
       
       
       33-00414-12                                            2012352__
    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         that the court enter a sentence notwithstanding the
    9         unanimous recommendation of the jury; providing an
   10         effective date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Subsections (2) and (3) of section 921.141,
   15  Florida Statutes, are amended to read:
   16         921.141 Sentence of death or life imprisonment for capital
   17  felonies; further proceedings to determine sentence.—
   18         (2) ADVISORY SENTENCE BY THE JURY.—After hearing all the
   19  evidence, the jury shall deliberate and render an advisory
   20  sentence to the court, based upon the following matters:
   21         (a) Whether sufficient aggravating circumstances exist as
   22  enumerated in subsection (5);
   23         (b) Whether sufficient mitigating circumstances exist which
   24  outweigh the aggravating circumstances found to exist; and
   25         (c) Based on these considerations, whether the defendant
   26  should be sentenced to life imprisonment or death.
   27  
   28  Effective for an offense committed on or after October 1, 2012,
   29  an advisory sentence of death must be made by a unanimous
   30  recommendation of the jury.
   31         (3) FINDINGS IN SUPPORT OF SENTENCE OF DEATH.
   32  Notwithstanding the recommendation of a majority of the jury or
   33  a unanimous recommendation of the jury, the court, after
   34  weighing the aggravating and mitigating circumstances, shall
   35  enter a sentence of life imprisonment or death, but if the court
   36  imposes a sentence of death, it shall set forth in writing its
   37  findings upon which the sentence of death is based as to the
   38  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, 2012,
   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 or
   72  a unanimous recommendation of the jury, the court, after
   73  weighing the aggravating and mitigating circumstances, shall
   74  enter a sentence of life imprisonment or death, but if the court
   75  imposes a sentence of death, it shall set forth in writing its
   76  findings upon which the sentence of death is based as to the
   77  facts:
   78         (a) That sufficient aggravating circumstances exist as
   79  enumerated in subsection (6);, and
   80         (b) That there are insufficient mitigating circumstances to
   81  outweigh the aggravating circumstances.
   82  
   83  In each case in which the court imposes the death sentence, the
   84  determination of the court shall be supported by specific
   85  written findings of fact based upon the circumstances in
   86  subsections (6) and (7) and upon the records of the trial and
   87  the sentencing proceedings. If the court does not make the
   88  findings requiring the death sentence within 30 days after the
   89  rendition of the judgment and sentence, the court shall impose
   90  sentence of life imprisonment in accordance with s. 775.082, and
   91  that person shall be ineligible for parole.
   92         Section 3. This act shall take effect October 1, 2012.