House Bill 3033c1

CODING: Words stricken are deletions; words underlined are additions.







    Florida House of Representatives - 1998             CS/HB 3033

        By the Committee on Crime & Punishment and Representatives
    Stafford, Heyman, Lacasa and Sanderson





  1                      A bill to be entitled

  2         An act relating to execution of the death

  3         sentence; creating s. 922.105, F.S.; providing

  4         for execution of the death sentence by means of

  5         lethal injection if electrocution is declared

  6         invalid by any one of specified courts, unless

  7         overruled; providing that a person authorized

  8         by state law to prescribe medication, when

  9         designated by the Department of Corrections,

10         may prescribe the drugs necessary to compound a

11         lethal injection; providing that a person

12         authorized by state law to prepare, compound,

13         or dispense medication, when designated by the

14         Department of Corrections, may prepare,

15         compound, or dispense the lethal injection;

16         providing that the prescription, preparation,

17         compounding, dispensing, or administration of a

18         lethal injection does not constitute practicing

19         medicine, nursing, or pharmacy; providing for

20         execution of the death sentence by other means

21         not declared unconstitutional by the United

22         States Supreme Court, if lethal injection is

23         declared invalid; providing for determination

24         and supervision of execution procedure by the

25         Secretary of Corrections or the secretary's

26         designee, under specified circumstances when

27         execution by means of electrocution or lethal

28         injection has been declared invalid; providing

29         an exemption from ch. 120, F.S., for the

30         policies and procedures of the Department of

31         Corrections for execution; prohibiting

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    Florida House of Representatives - 1998             CS/HB 3033

    189-829-98






  1         reduction of a sentence of death as the result

  2         of a method of execution being declared

  3         invalid; providing an effective date.

  4

  5         WHEREAS, the existing method of carrying out a sentence

  6  of death in this state is by electrocution, and

  7         WHEREAS, the Legislature has previously determined that

  8  death by electrocution is the preferred method of carrying out

  9  the death penalty, and the death penalty should be carried out

10  in a swift and sure manner, and

11         WHEREAS, the Florida Supreme Court, in Jones v. State,

12  701 So.2d 76, has held death by electrocution to be a

13  constitutional method of imposing the death penalty in this

14  state, and

15         WHEREAS, the Legislature intends to ensure that the

16  lawful punishment of death imposed on persons in this state is

17  carried out, and considers it to be appropriate to provide

18  alternative methods for imposing death only if legally

19  required to do so, and

20         WHEREAS, changing the method of carrying out the death

21  penalty both for those previously sentenced and for those who

22  will be sentenced in the future is merely procedural and does

23  not increase the quantum of punishment imposed upon a

24  defendant and therefore does not violate the prohibition

25  against ex post facto laws under the Constitution of the

26  United States, Malloy v. South Carolina, 237 U.S. 180 (1915),

27  and Ex Parte Kenneth Granviel, 561 S.W.2d 503 (Tex. App.

28  1978), and

29         WHEREAS, the United States Supreme Court has previously

30  declared, in the case of Dobbert v. Florida, 432 U.S. 282

31  (1977), that changing the practices and procedures of the

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    Florida House of Representatives - 1998             CS/HB 3033

    189-829-98






  1  application of the death penalty statute does not violate the

  2  ex post facto clauses of the State Constitution or the

  3  Constitution of the United States, and

  4         WHEREAS, the Florida Supreme Court has previously held

  5  a claim under Article X, Section 9 of the State Constitution

  6  against retroactive changes in death penalty procedures to be

  7  without merit, in the case of Dobbert v. State, 375 So.2d 1069

  8  (Fla. 1979), NOW, THEREFORE,

  9

10  Be It Enacted by the Legislature of the State of Florida:

11

12         Section 1.  Section 922.105, Florida Statutes, is

13  created to read:

14         922.105  Execution of death sentence by lethal

15  injection or other method of execution if death by

16  electrocution is declared invalid; prohibition against

17  reduction of death sentence as a result of determination that

18  a method of execution is invalid.--

19         (1)  If death by electrocution pursuant to s. 922.10 is

20  declared invalid by the Florida Supreme Court, the United

21  States Supreme Court, or a final decision of the United States

22  Court of Appeal, Eleventh Circuit, unless overruled in any

23  manner, then the method of execution shall be by lethal

24  injection of a substance or substances in lethal quantity

25  sufficient to cause death.  The execution procedure is to be

26  determined and supervised by the Secretary of Corrections or

27  the secretary's designee.

28           (2)  Notwithstanding any law to the contrary, a

29  person authorized by state law to prescribe medication and

30  designated by the Department of Corrections may prescribe the

31  drug or drugs necessary to compound a lethal injection.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 3033

    189-829-98






  1  Notwithstanding any law to the contrary, a person authorized

  2  by state law to prepare, compound, or dispense medication and

  3  designated by the Department of Corrections may prepare,

  4  compound, or dispense a lethal injection.  For purposes of

  5  this section, prescription, preparation, compounding,

  6  dispensing, and administration of a lethal injection does not

  7  constitute the practice of medicine, nursing, or pharmacy.

  8         (3)  If the imposition of death by lethal injection is

  9  declared invalid by the Florida Supreme Court, the United

10  States Supreme Court, or a final decision of the United States

11  Court of Appeal, Eleventh Circuit, unless overruled in any

12  manner, then the method of execution in that case shall be

13  carried out by any other method of execution not declared

14  unconstitutional by the United States Supreme Court.  The

15  execution procedure for imposing a death sentence pursuant to

16  this subsection is to be determined and supervised by the

17  Secretary of Corrections or the secretary's designee.

18         (4)  The policies and procedures of the Department of

19  Corrections for execution of persons sentenced to death shall

20  be exempt from chapter 120.

21         (5)  No sentence of death shall be reduced as a result

22  of a determination that a method of execution is invalid under

23  the State Constitution or the Constitution of the United

24  States.  In any case in which an execution method is declared

25  invalid, the death sentence shall remain in force until the

26  sentence can be lawfully executed by any valid method of

27  execution.

28         Section 2.  This act shall take effect upon becoming a

29  law.

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