Bill Text: FL S0520 | 2023 | Regular Session | Introduced

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Bill Title: Sentencing for Capital Felonies

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2023-05-05 - Died in Criminal Justice, companion bill(s) passed, see CS/CS/SB 450 (Ch. 2023-23) [S0520 Detail]

Download: Florida-2023-S0520-Introduced.html

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       Florida Senate - 2023                                     SB 520
       
       
        
       By Senator Ingoglia
       
       
       
       
       
       11-00441A-23                                           2023520__
    1                        A bill to be entitled                      
    2         An act relating to sentencing for capital felonies;
    3         amending ss. 921.141 and 921.142, F.S.; authorizing,
    4         rather than requiring, a court to impose the jury’s
    5         recommended sentence of life imprisonment without the
    6         possibility of parole for certain capital felonies;
    7         requiring the court to enter a written order
    8         addressing the sentence of life imprisonment without
    9         the possibility of parole and include in its required
   10         written order the reasons for not accepting a jury’s
   11         recommended sentence, if applicable; providing an
   12         effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Paragraph (a) of subsection (3) and subsection
   17  (4) of section 921.141, Florida Statutes, are amended to read:
   18         921.141 Sentence of death or life imprisonment for capital
   19  felonies; further proceedings to determine sentence.—
   20         (3) IMPOSITION OF SENTENCE OF LIFE IMPRISONMENT OR DEATH.—
   21         (a) If the jury has recommended a sentence of:
   22         1. Life imprisonment without the possibility of parole, the
   23  court may shall impose the recommended sentence.
   24         2. Death, the court, after considering each aggravating
   25  factor found by the jury and all mitigating circumstances, may
   26  impose a sentence of life imprisonment without the possibility
   27  of parole or a sentence of death. The court may consider only an
   28  aggravating factor that was unanimously found to exist by the
   29  jury.
   30         (4) ORDER OF THE COURT IN SUPPORT OF SENTENCE OF LIFE
   31  IMPRISONMENT OR DEATH.—In each case in which the court imposes a
   32  sentence of life imprisonment without the possibility of parole
   33  or death, the court shall, considering the records of the trial
   34  and the sentencing proceedings, enter a written order addressing
   35  the aggravating factors set forth in subsection (6) found to
   36  exist, the mitigating circumstances in subsection (7) reasonably
   37  established by the evidence, whether there are sufficient
   38  aggravating factors to warrant the death penalty, and whether
   39  the aggravating factors outweigh the mitigating circumstances
   40  reasonably established by the evidence. The court must include
   41  in its written order the reasons for not accepting the jury’s
   42  recommended sentence, if applicable. If the court does not issue
   43  its order requiring the death sentence within 30 days after the
   44  rendition of the judgment and sentence, the court shall impose a
   45  sentence of life imprisonment without the possibility of parole
   46  in accordance with s. 775.082.
   47         Section 2. Paragraph (a) of subsection (4) and subsection
   48  (5) of section 921.142, Florida Statutes, are amended to read:
   49         921.142 Sentence of death or life imprisonment for capital
   50  drug trafficking felonies; further proceedings to determine
   51  sentence.—
   52         (4) IMPOSITION OF SENTENCE OF LIFE IMPRISONMENT OR DEATH.—
   53         (a) If the jury has recommended a sentence of:
   54         1. Life imprisonment without the possibility of parole, the
   55  court may shall impose the recommended sentence.
   56         2. Death, the court, after considering each aggravating
   57  factor found by the jury and all mitigating circumstances, may
   58  impose a sentence of life imprisonment without the possibility
   59  of parole or a sentence of death. The court may consider only an
   60  aggravating factor that was unanimously found to exist by the
   61  jury.
   62         (5) ORDER OF THE COURT IN SUPPORT OF SENTENCE OF LIFE
   63  IMPRISONMENT OR DEATH.—In each case in which the court imposes a
   64  death sentence of life imprisonment without the possibility of
   65  parole or death, the court shall, considering the records of the
   66  trial and the sentencing proceedings, enter a written order
   67  addressing the aggravating factors set forth in subsection (7)
   68  found to exist, the mitigating circumstances in subsection (8)
   69  reasonably established by the evidence, whether there are
   70  sufficient aggravating factors to warrant the death penalty, and
   71  whether the aggravating factors outweigh the mitigating
   72  circumstances reasonably established by the evidence. The court
   73  must include in its written order the reasons for not accepting
   74  the jury’s recommended sentence, if applicable. If the court
   75  does not issue its order requiring the death sentence within 30
   76  days after the rendition of the judgment and sentence, the court
   77  shall impose a sentence of life imprisonment without the
   78  possibility of parole in accordance with s. 775.082.
   79         Section 3. This act shall take effect October 1, 2023.