Legislative Update as of 3/29
There are several bills pending in the Florida Legislature related to capital punishment. Here’s the status of that pending legislation as of today.
There are several bills pending in the Florida Legislature related to capital punishment. Here’s the status of that pending legislation as of today.
Expanding Capital Punishment to Human Trafficking
Like the 2023 legislation that expanded capital punishment to non-homicide sex crimes against children, this set of bills (HB 1283 and SB 1804) seeks to expand capital punishment to non-homicide human trafficking. My original post about this legislation can be found here.
The House bill was referred to the Criminal Justice Subcommittee, the Justice Budget Subcommittee, and the Judiciary Committee. On March 19, the House Criminal Justice Subcommittee approved this legislation by a vote of 13-2. (More on that hearing here.)
NEW The House Justice Budget Subcommittee is scheduled to hear this legislation on Tuesday, April 1, at 4:00 p.m.
The Senate bill was referred to the Criminal Justice Committee, the Appropriations Committee on Criminal and Civil Justice, and Fiscal Policy.
NEW The Senate Criminal Justice Committee is scheduled to hear this legislation on Tuesday, April 1, at 1:30 p.m. You can watch the meeting here.
You can read more about this legislation on the Senate’s website here.
Related News
This week, Gov. DeSantis visited the Idaho Governor and Legislature. In his remarks, speaking about Florida’s recently enacted legislation, he referenced Florida’s capital sex statute, saying:
[Idaho] just enacted the death penalty for pedophiles, which we did a couple years ago. And we’re eventually going to get the U.S. Supreme Court to reverse a bad decision it made in Kennedy v. Louisiana.
A video is available below:
The comment referenced above is around 3:55.
This comment, of course, also relates to the legislation pending related to human trafficking, which also violates Kennedy.
New Aggravating Factors
Aggravating Factor for Assassinations
A set of bills filed in the House (HB 653) and Senate (SB 776) on February 17 seek to add an aggravating factor for capital felonies committed against heads of state.
My original post on this legislation can be found here.
The House Criminal Justice Subcommittee unanimously approved the legislation. (More on that here.)
NEW The House Judiciary Committee heard this legislation on Wednesday, March 26. Rep. Bracy Davis asked for the justification for this bill since the federal government already provides penalties for assassination attempts. Rep. Holcomb, the Sponsor, said they don’t believe the federal government doesn’t always follow through. “In Florida, we want to make it completely clear.” Rep. Cassel asked why the bill singles out the President rather than also protecting “other known elected officials.” Rep. Holcomb said the bill protects heads of state, and he’s open to changes.
Joe Harmon (Florida Conference of Catholic Bishops) spoke in opposition to the bill saying the Conference does not believe the State should “take a human life.” Further, he said it is doubtful this bill “will have any deterrent effect at all” since those who commit these crimes often intend to die as part of the crime.
There was no debate on the bill, and Rep. Holcomb waived close. The Committee approved the legislation by a vote of 20-2.
A vide of the meeting can be found here. The discussion begins around 1:18:00.
NEW The bill was scheduled to be read in the House on Wednesday, March 26, but wasn’t. You can find a video of this session here.
The Senate Bill was referred to the Criminal Justice, Appropriations Committee on Criminal and Civil Justice, and Fiscal Policy Committees. On March 18, the Senate Criminal Justice Committee approved this legislation by a vote of 7-2. (More on that hearing here.)
You can read more about this legislation on the Senate’s website here.
Aggravating Factor for Crimes at Certain Gatherings
A set of bills filed in the House (HB 693) and Senate (SB 984) seek to add an aggravating factor for capital felonies committed at certain gatherings.
My original post on this legislation can be found here.
The House Bill was referred to the Criminal Justice Subcommittee and the Judiciary Committee. On March 6, the Criminal Justice Subcommittee approved the legislation by a vote of 17-1. (More on that here.) On March 13, the House Judiciary Committee unanimously approved the legislation. (More on that hearing here.)
NEW The bill was scheduled to be read in the House on Wednesday, March 26, but wasn’t. You can find a video of this session here.
The Senate bill was referred to the Criminal Justice Committee, the Appropriations Committee on Criminal and Civil Justice, and Fiscal Policy. On March 18, the Senate Criminal Justice Committee approved this legislation by a vote of 7-2. (More on that hearing here.)
You can read more about the legislation on the Senate’s website here.
Expanding Execution Methods
Bills filed in the House (HB 903) and Senate (SB 1604) seek to expand Florida’s execution methods. My original post on this legislation can be found here.
On Tuesday, March 25, the Senate Criminal Justice Committee approved this legislation. You can read more about this hearing here.
NEW On Wednesday, March 26, the House Criminal Justice Subcommittee heard this legislation. The House Judiciary Committee heard this legislation on Wednesday, March 26. There was discussion on other parts of the bill. Rep. Gottlieb asked why we are “contemplating different methods of execution.” Rep. Jacques, the Sponsor, said the purpose is so “in the event [the State’s] current methods [of execution] are found unconstitutional,” the State wants to have ”fallback methods.” The Florida Department of Corrections (DOC) waved in support of the legislation.
Rep. Bartleman said in debate that she agrees with several provisions of the bill but also has issues with the bill. Rep. Lopez made a similar comment. Rep. Jacques said in close that the legislation is “common sense” and modernizes how DOC operates.
The Subcommittee approved the legislation with a vote of 14-3. Reps. Bartleman, Gottlieb, and Hart voted no. A video of the meeting can be found here.
You can read more about the legislation here.
I think both this article and the bills the article mentions are missing the point.
If we in Florida "lead the nation in the number of people exonerated from death row," this means that judges are failing to ask the right questions of juries, or juries are failing to consider the right facts when answering the questions they are asked.
Once you phrase it that way, the solution, to avoid convicting people who didn't actually commit the crime, is obvious. Make the topics presented at a trial narrower. A death penalty trial in particular must have two phases. First, the jury must consider the question, "did the defendant kill the victim?" Then, if the jury returns "yes", the second phase of the trial, the "are there aggravating factors?" phase, would begin. During the first phase, the judge must strictly limit the facts and arguments presented, nothing about how heinous the crime was, nothing about how depraved the perpetrator was, nothing about how the victim's family deserves justice. Only information that shows the perpetrator, and no one else, did the crime should be presented. The first phase must be purely rational, and then and only then should the second phase be allowed to get emotional. All of the arguments and evidence can then be presented in the second phase.