More Legislation Updates
An amendment to the House's capital sentencing bill, which passed in the House Judiciary Committee yesterday, and an amendment to the House's capital sex crime bill, which also passed.
Here are the updates after the House Judiciary Committee hearing this morning, which can be found here. I usually don’t post two times in a day, but I felt these updates are important enough to post now based on how quickly things are moving.
Capital Sentencing Legislation
The House Judiciary Committee heard the House’s capital sentencing legislation (HB 555). The original post on this legislation can be found here.
Amendment - Judicial Discretion
An amendment was filed to the House’s bill to make it match the Senate’s bill, which passed a full Senate vote on Thursday. That change makes it the judge’s discretion to impose a sentence of death once the jury (by at least a vote of 8-4) has recommended a sentence of death, rather than requiring the imposition of a sentence of death.
The amendment passed, which was necessary for the bill to survive because the House and Senate bills have to match.
NOTE: The current statute also includes this type of discretion to allow the judge to impose a sentence of death even if the jury recommends a sentence of death.
However, this amendment arguably poses constitutional issues under the U.S. Supreme Court’s caselaw, which directs that the jury’s sentencing recommendation cannot be merely advisory. This was explained in Part I and Part II of the five-part Hurst series. Part III is coming soon.
Committee Approves Legislation
As in prior committee hearings, all of which have been summarized on this blog, the discussion misrepresented the current statute. Rep. Jacques (the bill’s sponsor) stated that the only thing this bill changes is the final determination from 12-0 to 8-4. But, as explained in the original post on this legislation, the bill does more than that.
Currently, Florida’s capital sentencing statute requires a jury to find unanimously all of the following:
That the State proved each aggravating factor beyond a reasonable doubt;
That the aggravation is sufficient for a sentence of death;
That the aggravation outweighs the mitigation; and
That death is the appropriate sentence.
Once the jury made these findings, the jury was required to impose a sentence of death.
This legislation removes the first three and then changes the final vote from 12-0 to 8-4 such that it looks like this:
That the State proved each aggravating factor beyond a reasonable doubt;That the aggravation is sufficient for a sentence of death;That the aggravation outweighs the mitigation; andThat death is the appropriate sentence (8-4) with discretion to the judge to impose the sentence.
The Committee voted 14-7 on the bill, which was reported favorably.
Capital Sex Crimes
The House Judiciary Committee also heard the House’s capital sex crime bill (HB 1297), which seeks to impose a sentence of death for these crimes despite standing U.S. Supreme Court precedent saying such a sentence is unconstitutional.
The original post on this legislation can be found here.
Amendment
An amendment to the bill has been filed that would make the sentencing procedure presented in the bill match the capital sentencing legislation (discussed above), although the aggravating factors are different. The amendment also proposes an alternative procedure if Kennedy v. Louisiana is not overturned.
The amendment was adopted.
Committee Approves Legislation
Rep. Gottlieb asked if a committee was convened to determine that the Legislature believes Kennedy v. Louisiana was wrongly decided or any workshop or collective vote. Rep. Baker said no, this is the “right thing to do to protect our kids.” He followed up and asked if this legislation oversteps and poses a separation of powers issue. She said that, in her opinion, “15 years of wrongly decided caselaw is not persuasive” to her.
Rep. Chambliss supported the bill, saying we need to “take care of the monsters.”
Rep. Hinson and Rep. Bracy Davis emphasized that this legislation is contrary to U.S. Supreme Court precedent, both making clear that this is not to minimize these crimes.
In debate, Rep. Gottlieb noted the Legislature’s several efforts to expand capital punishment, saying the Legislature is “down the slippery slope” and asked what will come next year. “The scheme is making it easier and easier to employ.”
Rep. Overdorf spoke of the generational trauma caused by these crimes.
Rep. Gregory said he supports the language directly stating that Kennedy was wrongly decided because he supports the separate branches telling each other when they disagree.
Closing, Rep. Baker said there were “numerous cases that were wrongly decided.”
The Committee voted 16-7 on the bill, which was reported favorably.
Media Roundup
Again, there’s been a lot of coverage in the media on both the capital sentencing legislation and the capital sexual battery legislation—which there should be. Here are a few recent articles:
A.G. Gancaraski, Full House nears vote on child rapist execution bill, Fla. Politics (Mar. 31, 2023) - Read here.
Here’s a safeguard that Florida lawmakers should add to the death penalty law | Editorial, Tampa Bay Times (Mar. 31, 2023) - Read here.
Anne Geggis, New death penalty rules readied for Senate passage, Fla. Politics (Mar. 29, 2023) - Read here.