Legislative Update: Capital Sexual Battery Senate Bill Amended & Upcoming Hearings
On Friday, the Senate amended its Capital Sexual Battery bill that would expand capital punishment to non-homicide crimes. Also, three hearings this coming week.
Amendment to Senate’s Capital Sexual Battery Bill
Bills pending in both the House and the Senate would extend capital punishment to certain non-homicide, sexual battery crimes despite U.S. Supreme Court precedent stating that doing so violates the Eighth Amendment. (The previous post about these bills can be found here.)
On Friday afternoon, the Senate filed an amendment to their bill (SB 1342).
In a turn of events, this amendment changes the proposed sentencing procedure for these new capital crimes (which is, of course, presented as separate from the existing capital sentencing procedure—which is also subject to pending legislation).1 In the amendment, the bill now requires that the jury find unanimously not one but two aggravating factors beyond a reasonable doubt for the defendant to be eligible for death.
If the jury does not unanimously find at least two aggravating factors were proven beyond a reasonable doubt, the defendant cannot be sentenced to death.
If the jury does find at least two aggravating factors were proven beyond a reasonable doubt, the jury proceeds to make the other sentencing considerations and then vote on the appropriate sentence—life in prison without the possibility of parole or death. The judge can then sentence the defendant to death if at least 8 jurors vote for death.
Analysis
It has long been the case that a defendant is eligible for death if the State proves at least one aggravating factor. The existence of one aggravating factor is the threshold for eligibility for existing capital crimes, including in the other pending capital sentencing legislation.
The Senate amending this bill to increase the eligibility threshold seems to suggest some concern or skepticism about the bill’s premise in general—expanding capital punishment to non-homicide crimes. Increasing the requirement to two aggravating factors could be an attempt by the Legislature to better “justify” death in these cases, or make death sentences more “reliable” in these cases. It will be interested to see what the debate at the hearing on Monday elicits on this point.
If this bill and the other proposed capital sentencing legislation passed as currently written, they would:
Expand Florida’s death penalty to non-homicide crimes contrary to U.S. Supreme Court precedent;
Implement the lowest threshold for imposing a sentence of death in the country; and
Institute inconsistent capital sentencing schemes.
Hearings this Week
This week is going to be busy. Three hearings are scheduled on capital punishment-related bills.
Monday, March 20, at 3:30 p.m.
The Senate Criminal Justice Committee will hear the Senate’s capital sexual battery bill (SB 1342) on Monday, March 20, 2023, at 3:30 p.m.
If you’re interested in watching, the hearing can be accessed here.
Tuesday, March 21, at 2:00 p.m.
On Tuesday, March 21, at 2:00 p.m., the House Criminal Justice Subcommittee will hear the House’s capital sexual battery bill (HB 1297).
If you’re interested in watching, the hearing can be accessed here.
Wednesday, March 22, at 8:30 a.m.
On Wednesday, March 22, at 8:30 a.m., the Senate Rules Committee will hear the Senate’s capital sentencing bill (SB 450).
If you’re interested in watching, the hearing can be accessed here.
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