SENATE AMENDMENT

    Bill No. SB 12-A

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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11  Senators Meek, Hargrett, Dyer, Holzendorf, Campbell, and Jones

12  moved the following amendment:

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14         Senate Amendment (with title amendment) 

15         On page 35, between lines 8 and 9,

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17  insert:

18         Section 19.  (1)  This section may be cited as the

19  Florida Racial Justice Act.

20         (2)  A person may not be given a sentence of death

21  which was sought on the basis of race.

22         (3)  A finding that race was the basis of a decision to

23  seek a death sentence may be established if the court finds

24  that race was a significant factor in decisions to seek the

25  sentence of death in this state at the time the death sentence

26  was sought.

27         (4)  Evidence relevant to establish a finding that race

28  was the basis of the decision to seek a death sentence may

29  include statistical evidence and other evidence that death

30  sentences were sought more frequently:

31         (a)  Upon persons of one race than upon persons or

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                                                  SENATE AMENDMENT

    Bill No. SB 12-A

    Amendment No.    





 1  another race; or

 2         (b)  As punishment for capital offenses against persons

 3  of one race than as punishment for capital offenses against

 4  persons of another race.

 5         (5)  A defendant must state with particularity how the

 6  evidence supports a claim that racial considerations played a

 7  significant part in the decision to seek a death sentence in

 8  his or her case. The claim shall be raised at the pretrial

 9  conference. The court shall schedule a hearing on the claim

10  and shall prescribe a time for the submission of evidence by

11  both parties. If the court finds that race was the basis for

12  the decision to seek the death sentence, the court shall order

13  that a death sentence not be sought.

14         (6)  The defendant has the burden of proving by clear

15  and convincing evidence that race was the basis of the

16  decision to seek the death penalty. The state may offer

17  evidence in rebuttal of the claims or evidence of the

18  defendant.

19         (7)  This section applies only to sentences imposed

20  after the effective date of this act.

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22  (Redesignate subsequent sections.)

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25  ================ T I T L E   A M E N D M E N T ===============

26  And the title is amended as follows:

27         On page 2, line 29, after the semicolon

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29  insert:

30         prohibiting the imposition of death sentences

31         sought on the basis of race; providing

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                                                  SENATE AMENDMENT

    Bill No. SB 12-A

    Amendment No.    





 1         standards and evidentiary guidelines for

 2         finding that a sentence was sought on the basis

 3         of race; providing procedural guidelines and

 4         providing burden of proof standards; providing

 5         applicability;

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