Bill

Bill > H1297


FL H1297

FL H1297
Capital Sexual Battery


summary

Introduced
03/01/2023
In Committee
04/14/2023
Crossed Over
04/19/2023
Passed
04/19/2023
Dead
Signed/Enacted/Adopted
05/02/2023

Introduced Session

2023 Regular Session

Bill Summary

Provides for death sentences for certain child sexual offenders; provides for separate death penalty proceedings in such cases; provides for findings & recommended sentences by jury; provides for imposition of sentence of life imprisonment or death; provides requirements for court order in support of death sentence; provides for automatic review of sentences of death; specifies aggravating factors & mitigating circumstances; provides for victim impact evidence; authorizes state to appeal from sentence on specified grounds.

AI Summary

This bill provides for the imposition of the death penalty for certain child sexual offenders. Key provisions include: - Establishing separate sentencing proceedings to determine whether the defendant should be sentenced to death or life imprisonment for capital felonies under Section 794.011 (sexual battery on a person less than 12 years of age). - Requiring the prosecutor to file a notice of intent to seek the death penalty within 45 days of arraignment, which must include a list of aggravating factors. - Specifying the aggravating factors and mitigating circumstances the jury and court must consider in determining the sentence. - Providing for victim impact evidence to be introduced after the existence of at least two aggravating factors has been established. - Authorizing the state to appeal a sentence on the grounds that the sentencing procedures under Section 921.1425 were not properly followed. - Applying these provisions to capital sexual battery offenses committed on or after October 1, 2023.

Committee Categories

Justice

Sponsors (16)

Other Sponsors (2)

Criminal Justice Subcommittee (House), Judiciary Committee (House)

Last Action

Chapter No. 2023-25 (on 05/02/2023)

bill text


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