Florida Senate - 2012                                     SB 772
       
       
       
       By Senator Altman
       
       
       
       
       24-00338A-12                                           2012772__
    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 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, 2012,
   37  an advisory sentence of death must be made 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 by a unanimous vote. The court shall provide a
   46  special verdict form for each aggravating circumstance found.
   47         (3) FINDINGS IN SUPPORT OF SENTENCE OF DEATH.
   48  Notwithstanding the recommendation of a majority of the jury,
   49  the court, after weighing the aggravating and mitigating
   50  circumstances, shall enter a sentence of life imprisonment or
   51  death, but if the court imposes a sentence of death, it shall
   52  set forth in writing its findings upon which the sentence of
   53  death is based as to the facts:
   54         (a) That sufficient aggravating circumstances exist as
   55  enumerated in subsection (5);, and
   56         (b) That there are insufficient mitigating circumstances to
   57  outweigh the aggravating circumstances.
   58  
   59  In each case in which the court imposes the death sentence, the
   60  determination of the court shall be supported by specific
   61  written findings of fact based upon the circumstances in
   62  subsections (5) and (6) and upon the records of the trial and
   63  the sentencing proceedings. If the court does not make the
   64  findings requiring the death sentence within 30 days after the
   65  rendition of the judgment and sentence, the court shall impose
   66  sentence of life imprisonment in accordance with s. 775.082.
   67         Section 2. Subsections (3) and (4) of section 921.142,
   68  Florida Statutes, are amended to read:
   69         921.142 Sentence of death or life imprisonment for capital
   70  drug trafficking felonies; further proceedings to determine
   71  sentence.—
   72         (3) ADVISORY SENTENCE BY THE JURY.—After hearing all the
   73  evidence, the jury shall deliberate and render an advisory
   74  sentence to the court, based upon the following matters:
   75         (a) Whether sufficient aggravating circumstances exist as
   76  enumerated in subsection (6);
   77         (b) Whether sufficient mitigating circumstances exist which
   78  outweigh the aggravating circumstances found to exist; and
   79         (c) Based on these considerations, whether the defendant
   80  should be sentenced to life imprisonment or death.
   81  
   82  Effective for an offense committed on or after October 1, 2012,
   83  an advisory sentence of death must be made by a unanimous
   84  recommendation of the jury. The court shall instruct the jury
   85  that, in order for the jury to recommend to the court that the
   86  death penalty be imposed, the jury must find that sufficient
   87  aggravating circumstances exist which outweigh any mitigating
   88  circumstances found to exist. The court shall further instruct
   89  the jury that each aggravating circumstance used to support the
   90  jury’s recommendation of death must by proven beyond a
   91  reasonable doubt by a unanimous vote. The court shall provide a
   92  special verdict form for each aggravating circumstance found.
   93         (4) FINDINGS IN SUPPORT OF SENTENCE OF DEATH.
   94  Notwithstanding the recommendation of a majority of the jury,
   95  the court, after weighing the aggravating and mitigating
   96  circumstances, shall enter a sentence of life imprisonment or
   97  death, but if the court imposes a sentence of death, it shall
   98  set forth in writing its findings upon which the sentence of
   99  death is based as to the facts:
  100         (a) That sufficient aggravating circumstances exist as
  101  enumerated in subsection (6);, and
  102         (b) That there are insufficient mitigating circumstances to
  103  outweigh the aggravating circumstances.
  104  
  105  In each case in which the court imposes the death sentence, the
  106  determination of the court shall be supported by specific
  107  written findings of fact based upon the circumstances in
  108  subsections (6) and (7) and upon the records of the trial and
  109  the sentencing proceedings. If the court does not make the
  110  findings requiring the death sentence within 30 days after the
  111  rendition of the judgment and sentence, the court shall impose
  112  sentence of life imprisonment in accordance with s. 775.082, and
  113  the defendant is that person shall be ineligible for parole.
  114         Section 3. This act shall take effect October 1, 2012.