Senate Bill 1970

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



    Florida Senate - 2000                                  SB 1970

    By Senator King





    8-1433-00                                               See HB

  1                      A bill to be entitled

  2         An act relating to anatomical gifts by capital

  3         defendants; creating s. 921.1425, F.S.;

  4         providing for anatomical gifts by capital

  5         defendants who are sentenced to death;

  6         providing for alternative methods of execution;

  7         providing priority for state residents;

  8         prohibiting compensation for such donations;

  9         requiring the Department of Corrections to

10         notify certain persons of the right to make

11         anatomical gifts and to rescind such gifts;

12         requiring the department to adopt certain

13         rules; providing an effective date.

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

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17         Section 1.  Section 921.1425, Florida Statutes, is

18  created to read:

19         921.1425  Anatomical gifts by capital defendants.--

20         (1)  Any person who is convicted or adjudicated guilty

21  of a capital felony and who is sentenced to death by lethal

22  injection may choose to make an anatomical gift of all or any

23  part of his or her body pursuant to part X of chapter 732.

24         (2)  Such person may choose the method of lethal

25  injection under this section to be:

26         (a)  Introduction of a suitable substance into the body

27  which would cause the irreversible cessation of all brain

28  functions other than autonomic nervous system functions for

29  purposes of maintaining cardiac and pulmonary functions to

30  preserve the tissues and organs of such person naturally,

31  without resorting to artificial means of support, until

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






    Florida Senate - 2000                                  SB 1970
    8-1433-00                                               See HB




  1  appropriate donees for such tissues or organs can be located;

  2  or

  3         (b)  Introduction of suitable substances into the body

  4  which would cause irreversible cessation of cardiac and

  5  pulmonary functions. If such a person is executed by a method

  6  under this paragraph, the person may choose to donate any

  7  organ or tissue that can be appropriately recovered after such

  8  irreversible cessation of cardiac and pulmonary functions.

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10  Notwithstanding s. 382.009, for purposes of determinations of

11  death under paragraph (a), irreversible cessation of all brain

12  functions other than autonomic nervous system functions

13  constitutes death.

14         (3)  Notwithstanding s. 732.913, any organs or tissue

15  recovered from such person pursuant to this section shall be

16  made available first to residents of this state.

17         (4)  A person choosing to make an anatomical gift

18  pursuant to this section shall not be compensated for such

19  donation, whether financially, by special consideration, or in

20  any other way.

21         (5)  The Department of Corrections shall notify in

22  writing each person who is sentenced to death of the person's

23  right to make an anatomical gift pursuant to the provisions of

24  part X of chapter 732 and this section and of the right to

25  rescind such gift before execution. The department shall adopt

26  rules to implement this subsection.

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

28  law.

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






    Florida Senate - 2000                                  SB 1970
    8-1433-00                                               See HB




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  2                          HOUSE SUMMARY

  3
      Provides for a capital defendant who is sentenced to
  4    death to make an anatomical gift of all or any part of
      his or her body, provides for alternative methods of
  5    execution in such a case, provides for priority for
      Florida residents, prohibits compensation for such
  6    donations, and requires the Department of Corrections to
      notify persons sentenced to death of their right to make
  7    anatomical gifts and to rescind such gifts.

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