Senate Bill 0008A

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


    Florida Senate - 2000                                   SB 8-A

    By Senator Klein





    28-739A-00

  1                      A bill to be entitled

  2         An act relating to the death penalty; creating

  3         the "Death Penalty Reform Act of 2000";

  4         amending s. 922.10, F.S., relating to the

  5         execution of the death sentence; creating s.

  6         922.101, F.S.; providing for execution of death

  7         sentence by lethal injection if electrocution

  8         is not selected; prohibiting a reduction of the

  9         death sentence as a result of a determination

10         that a method of execution is unconstitutional;

11         creating s. 922.103, F.S.; providing

12         legislative intent with respect to the

13         interpretation of laws altering a method of

14         execution of the death penalty; creating s.

15         922.104, F.S.; providing a procedure for

16         execution of the death sentence by lethal

17         injection; amending s. 922.105, F.S., relating

18         to execution of the death sentence by lethal

19         injection; urging the Supreme Court to adopt

20         procedural rules that will streamline the

21         filing and handling of postconviction and

22         collateral actions of persons under sentence of

23         death and to submit certain recommendations to

24         the Legislature; providing an effective date.

25

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

27

28         Section 1.  This act may be cited as the "Death Penalty

29  Reform Act of 2000."

30         Section 2.  Section 922.10, Florida Statutes, is

31  amended to read:

                                  1

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






    Florida Senate - 2000                                   SB 8-A
    28-739A-00




  1         922.10  Execution of death sentence;

  2  executioner.--Unless otherwise provided by law, a death

  3  sentence shall be executed by electrocution. The warden of the

  4  state prison shall designate the executioner. Information

  5  which, if released, would identify the executioner is

  6  confidential and exempt from the provisions of s. 119.07(1)

  7  and s. 24(a), Art. I of the State Constitution. The warrant

  8  authorizing the execution shall be read to the convicted

  9  person immediately before execution.

10         Section 3.  Section 922.101, Florida Statutes, is

11  created to read:

12         922.101  Execution of death sentence by lethal

13  injection if death by electrocution is not elected;

14  prohibition against reduction of death sentence as a result of

15  determination that a method of execution is

16  unconstitutional.--

17         (1)  With respect to all sentences executed after

18  January 10, 2000, a death sentence shall be executed by

19  electrocution pursuant to s. 922.10 at the election, pursuant

20  to this section, of the person sentenced to death.  The

21  election for death by electrocution is waived unless it is

22  made in writing and delivered to the warden of the

23  correctional facility within 30 days after the issuance of

24  mandate pursuant to a decision by the Supreme Court of Florida

25  affirming the sentence of death. If the person waives the

26  election of death by electrocution, then the sentence shall be

27  executed by lethal injection pursuant to s. 922.104.

28         (2)  If an execution by lethal injection pursuant to

29  this section is barred by any court as a violation of any

30  provision of either the State Constitution or Federal

31  Constitution, then the death sentence shall be carried out

                                  2

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






    Florida Senate - 2000                                   SB 8-A
    28-739A-00




  1  pursuant to s. 922.10, s. 922.105 (if applicable), or any

  2  other provision of law which may be applicable at the time of

  3  the execution.

  4         (3)  In any case in which the time provided for making

  5  an election under subsection (1) shall have expired prior to

  6  30 days after the effective date of this act, the person

  7  sentenced to death shall make an election within 30 days after

  8  the effective date of this act and if not so made such

  9  election is waived.

10         (4)  If a death warrant is issued before the expiration

11  of the time provided for making the election under subsection

12  (3), the election must be made within 48 hours after a date

13  for execution of the death sentence has been set by the

14  Governor; and, if not so made, the election is waived.

15         Section 4.  Section 922.103, Florida Statutes, is

16  created to read:

17         922.103  Legislative intent regarding interpretation of

18  laws altering a method of execution of the death penalty.--

19         (1)  The provisions of the opinion and all points of

20  law decided by the United States Supreme Court in Malloy v.

21  South Carolina, 237 U.S. 180 (1915), finding that the Ex Post

22  Facto Clause of the United States Constitution is not violated

23  by a legislatively enacted change in the method of execution

24  for a sentence of death validly imposed for previously

25  committed capital crimes, are adopted by the Legislature as

26  the law of this state.

27         (2)  A change in the method of execution does not

28  increase the punishment or modify the penalty of death for a

29  capital crime.  Any legislative change to the method of

30  execution for a capital crime does not violate s. 10, Art. I,

31  nor s. 9, Art. X of the State Constitution.

                                  3

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






    Florida Senate - 2000                                   SB 8-A
    28-739A-00




  1         (3)  Notwithstanding s. 775.082(2), s. 775.15(1)(a), or

  2  s. 790.161(4), or any other provision of law to the contrary,

  3  no sentence of death shall be reduced as a result of a

  4  determination that a method of execution is declared

  5  unconstitutional under the State Constitution or the Federal

  6  Constitution.  In any case in which an execution method is

  7  declared unconstitutional, the death sentence shall remain in

  8  force until the sentence can be lawfully executed by any valid

  9  method of execution.

10         Section 5.  Section 922.104, Florida Statutes, is

11  created to read:

12         922.104  Execution of death sentence by lethal

13  injection.--

14         (1)  This section shall govern all cases where a

15  sentence of death is to be executed by lethal injection.

16         (2)  Notwithstanding any law to the contrary, a person

17  authorized by state law to prescribe medication and designated

18  by the Department of Corrections may prescribe the drug or

19  drugs necessary to compound a lethal injection.

20  Notwithstanding any law to the contrary, a person authorized

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

22  designated by the Department of Corrections may prepare,

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

24  this section, prescription, preparation, compounding,

25  dispensing, and administration of a lethal injection does not

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

27         (3)  Nothing contained in this chapter is intended to

28  require any physician, nurse, pharmacist, or employee of the

29  Department of Corrections or any other person to assist in any

30  aspect of an execution which is contrary to the person's moral

31  or ethical beliefs.

                                  4

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






    Florida Senate - 2000                                   SB 8-A
    28-739A-00




  1         Section 6.  Section 922.105, Florida Statutes, is

  2  amended to read:

  3         922.105  Execution of death sentence by lethal

  4  injection if death by electrocution is declared

  5  unconstitutional; prohibition against reduction of death

  6  sentence as a result of determination that a method of

  7  execution is unconstitutional.--

  8         (1)  If a death sentence is to shall be executed by

  9  electrocution pursuant to s. 922.10, and. If electrocution is

10  held to be unconstitutional by the Florida Supreme Court under

11  the State Constitution, or held to be unconstitutional by the

12  United States Supreme Court under the United States

13  Constitution, or if the United States Supreme Court declines

14  to review any judgment holding electrocution to be

15  unconstitutional under the United States Constitution made by

16  the Florida Supreme Court or the United States Court of

17  Appeals that has jurisdiction over Florida, a person all

18  persons sentenced to death for a capital crime shall be

19  executed by lethal injection.

20         (2)  The provisions of the opinion and all points of

21  law decided by the United States Supreme Court in Malloy v.

22  South Carolina, 237 U.S. 180 (1915), finding that the Ex Post

23  Facto Clause of the United States Constitution is not violated

24  by a legislatively enacted change in the method of execution

25  for a sentence of death validly imposed for previously

26  committed capital murders, are adopted by the Legislature as

27  the law of this state.

28         (3)  A change in the method of execution does not

29  increase the punishment or modify the penalty of death for

30  capital murder. Any legislative change to the method of

31

                                  5

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






    Florida Senate - 2000                                   SB 8-A
    28-739A-00




  1  execution for the crime of capital murder does not violate s.

  2  10, Art. I or s. 9, Art. X of the State Constitution.

  3         (4)  Notwithstanding any law to the contrary, a person

  4  authorized by state law to prescribe medication and designated

  5  by the Department of Corrections may prescribe the drug or

  6  drugs necessary to compound a lethal injection.

  7  Notwithstanding any law to the contrary, a person authorized

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

  9  designated by the Department of Corrections may prepare,

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

11  this section, prescription, preparation, compounding,

12  dispensing, and administration of a lethal injection does not

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

14         (5)  The policies and procedures of the Department of

15  Corrections for execution of persons sentenced to death shall

16  be exempt from chapter 120.

17         (6)  Notwithstanding s. 775.082(2), s. 775.15(1)(a), or

18  s. 790.161(4), or any other provision to the contrary, no

19  sentence of death shall be reduced as a result of a

20  determination that a method of execution is declared

21  unconstitutional under the State Constitution or the

22  Constitution of the United States.  In any case in which an

23  execution method is declared unconstitutional, the death

24  sentence shall remain in force until the sentence can be

25  lawfully executed by any valid method of execution.

26         (7)  Nothing contained in this chapter is intended to

27  require any physician, nurse, pharmacist, or employee of the

28  Department of Corrections or any other person to assist in any

29  aspect of an execution which is contrary to the person's moral

30  or ethical beliefs.

31

                                  6

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






    Florida Senate - 2000                                   SB 8-A
    28-739A-00




  1         Section 7.  The Legislature declares its intent to

  2  revise, in a separate bill to be considered during the 2000

  3  Regular Session of the Legislature, the laws governing

  4  postconviction and collateral actions brought for reviewing

  5  either the judgment or the sentence of death in capital cases.

  6  To this end, the Legislature urges the Florida Supreme Court

  7  to expeditiously adopt procedural rules that will streamline

  8  the process for filing and handling such actions and to submit

  9  to the presiding officer of each house of the Legislature by

10  March 2, 2000, any recommendations that the Court has for the

11  substantive revision of the laws governing such actions.

12         Section 8.  This act shall take effect upon becoming a

13  law.

14

15            *****************************************

16                          SENATE SUMMARY

17    Creates the "Death Penalty Reform Act of 2000." Provides
      for a death sentence to be executed by lethal injection
18    unless the person sentenced to death elects death by
      electrocution. Requires that such election be made in
19    writing to the warden within 30 days after the sentence
      of death is affirmed by the Florida Supreme Court. If the
20    death warrant is issued before expiration of the 30-day
      period, requires that such election be made within 48
21    hours after the date for execution is set. Provides
      procedures for execution by lethal injection. Urges the
22    Supreme Court to adopt procedural rules that will
      streamline the filing and handling of postconviction and
23    collateral actions of persons under sentence of death and
      to submit certain recommendations to the Legislature.
24

25

26

27

28

29

30

31

                                  7