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Bill > S1342


FL S1342

FL S1342
Capital Sexual Battery


summary

Introduced
03/01/2023
In Committee
03/06/2023
Crossed Over
Passed
Dead
05/05/2023

Introduced Session

2023 Regular Session

Bill Summary

Revising how certain capital felonies are punished; requiring a court to conduct a separate sentencing proceeding to determine whether a defendant should be sentenced to death or life imprisonment without the possibility of parole upon the defendant's conviction or adjudication of guilt for a capital felony; requiring a recommendation to the court of a sentence of life imprisonment without the possibility of parole if fewer than eight jurors determine that the defendant should be sentenced to death; requiring the court to impose the jury's recommended sentence if the recommendation is for a sentence of life imprisonment without the possibility of parole, etc.

AI Summary

This bill revises how certain capital felonies, specifically capital sexual battery under section 794.011 of the Florida Statutes, are punished. It requires a separate sentencing proceeding to determine whether a defendant should be sentenced to death or life imprisonment without parole upon conviction or adjudication of guilt for a capital sexual battery. The bill outlines the procedure for this sentencing proceeding, including the role of the jury, the aggravating and mitigating factors to be considered, and the requirements for imposing a sentence of death or life imprisonment without parole. The bill also allows the state to appeal the sentence if the court fails to comply with the sentencing procedures. Additionally, the bill clarifies that the provisions regarding intellectual disability as a bar to the death penalty apply to capital sexual battery cases.

Sponsors (2)

Other Sponsors (2)

Criminal Justice (Senate), Rules (Senate)

Last Action

Laid on Table, companion bill(s) passed, see CS/CS/HB 1297 (Ch. 2023-25) (on 04/18/2023)

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