| 1 | A bill to be entitled |
| 2 | An act relating to the death penalty; repealing Rule |
| 3 | 3.203, Florida Rules of Criminal Procedure, relating to |
| 4 | imposition of the death penalty; providing an effective |
| 5 | date. |
| 6 |
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| 7 | WHEREAS, in 2001 section 921.137, Florida Statutes, was |
| 8 | created to establish the public policy for the State of Florida |
| 9 | exempting mentally retarded persons convicted of capital crimes |
| 10 | from the death penalty, and |
| 11 | WHEREAS, section 921.137, Florida Statutes, is a current |
| 12 | and validly enacted law, and |
| 13 | WHEREAS, it is the public policy of this state that all |
| 14 | persons charged by indictment of a capital crime shall be tried |
| 15 | before a death-qualified jury, and that hearings for the |
| 16 | determination of mental retardation shall be conducted as |
| 17 | prescribed in section 921.137, Florida Statutes, and |
| 18 | WHEREAS, the Florida Supreme Court in Amendments to the |
| 19 | Florida Rules of Criminal Procedure and Rules of Appellate |
| 20 | Procedure, 875 So.2d 563 (Fla. 2004) adopted Rule 3.203, which |
| 21 | contradicts and conflicts with the express provisions of section |
| 22 | 921.137, Florida Statutes, and |
| 23 | WHEREAS, the United States Supreme Court said in Atkins v. |
| 24 | Virginia, 536 U.S. 304 (2002), that it ". . . found no reason to |
| 25 | disagree with the judgment of the legislatures which have |
| 26 | recently addressed the matter and concluded that death is not a |
| 27 | suitable punishment for a mentally retarded criminal," and |
| 28 | WHEREAS, all nine justices of the United States Supreme |
| 29 | Court in Atkins agreed that the "clearest and most reliable |
| 30 | objective evidence of contemporary values is the legislation |
| 31 | enacted by this country's legislatures," NOW, THEREFORE, |
| 32 |
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| 33 | Be It Enacted by the Legislature of the State of Florida: |
| 34 |
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| 35 | Section 1. Rule 3.203, Florida Rules of Criminal |
| 36 | Procedure, is repealed. |
| 37 | Section 2. This act shall take effect upon becoming a law, |
| 38 | but only if this act is enacted by a two-thirds vote of the |
| 39 | membership of each house of the Legislature. |