Senate Bill sb1212c1

    Florida Senate - 2002                           CS for SB 1212

    By the Committee on Criminal Justice; and Senator Crist





    307-1843-02

  1                      A bill to be entitled

  2         An act relating to imposition of a death

  3         sentence; creating s. 921.1415, F.S.; providing

  4         that only criminals who were 18 years of age or

  5         older at the time the crime was committed may

  6         be sentenced to death; amending s. 775.082,

  7         F.S., to conform; providing an effective date.

  8

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

10

11         Section 1.  Section 921.1415, Florida Statutes, is

12  created to read:

13         921.1415  Sentence of death; minimum age

14  requirement.--The death sentence is an authorized punishment

15  for persons who are 18 years of age or older at the time of

16  the commission of a capital crime. However, notwithstanding

17  any other provision of this chapter, the death sentence is not

18  an authorized punishment for any person who, at the time of

19  the commission of the crime, was less than 18 years of age.

20         Section 2.  Subsection (1) of section 775.082, Florida

21  Statutes, is amended to read:

22         775.082  Penalties; applicability of sentencing

23  structures; mandatory minimum sentences for certain

24  reoffenders previously released from prison.--

25         (1)  A court shall sentence a person to life

26  imprisonment without possibility of parole if such person is

27  convicted of a capital felony committed when such person was

28  less than 18 years of age. A person who has been convicted of

29  a capital felony committed when such person was 18 years of

30  age or older shall be sentenced to punished by death if the

31  proceeding held to determine sentence according to the

                                  1

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






    Florida Senate - 2002                           CS for SB 1212
    307-1843-02




  1  procedure set forth in s. 921.141 results in findings by the

  2  court that such person shall be sentenced to punished by

  3  death, otherwise such person shall be sentenced to punished by

  4  life imprisonment without possibility of and shall be

  5  ineligible for parole.

  6         Section 3.  This act shall take effect upon becoming a

  7  law.

  8

  9          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
10                         Senate Bill 1212

11

12  -     Provides that no person less than 18 years of age when
          he or she committed a capital crime may be sentenced to
13        death (the penalty for such person is life imprisonment
          without possibility of parole, as provided in current
14        law).

15  -     Provides that a person 18 years of age or older when he
          or she committed a capital crime may be sentenced to
16        death (if such person is not sentenced to death, the
          penalty is life imprisonment without possibility of
17        parole, as provided in current law).

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  2

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