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Bill > S1740


FL S1740

FL S1740
Postconviction Death Penalty Proceedings


summary

Introduced
In Committee
Crossed Over
Passed
Dead

Introduced Session

2013 Regular Session

Bill Summary

Proposing amendments to the State Constitution to prohibit a court from requiring or authorizing collateral or postconviction judicial review of a capital case except as provided for by general law and providing an effective date, etc.

AI Summary

This Joint Resolution proposes an amendment to the Florida State Constitution that would restrict how courts can handle appeals and reviews after a conviction and death sentence in capital cases. Currently, the Supreme Court has the authority to create rules for all court procedures, including these postconviction reviews, which are also known as collateral reviews. This resolution aims to transfer that authority to the Legislature, meaning that any future rules or procedures for reviewing death penalty cases after the initial appeal would have to be established through "general law," which is a law passed by the Legislature. The amendment specifies that these reviews will be governed "exclusively by, and to the extent provided by, general law" and would take effect on July 1, 2015, applying to cases where the conviction and death sentence were upheld on direct appeal on or after that date.

Committee Categories

Budget and Finance, Justice

Sponsors (1)

Last Action

Died in Appropriations, companion bill(s) passed, see CS/CS/HB 7083 (Ch. 2013-216) (on 05/03/2013)

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