H4005. Death Penalty

Summary

An act relating to the death penalty; amending s. 775.082, F.S.; deleting provisions providing for the death penalty for capital felonies; deleting provisions relating to the effect of a declaration by a court of last resort that the death penalty in a capital felony is unconstitutional; amending ss. 27.51 and 27.511, F.S.; deleting provisions relating to representation in death penalty cases; repealing ss. 27.7001, 27.7002, 27.701, 27.702, 27.703, 27.704, 27.705, 27.706, 27.707, 27.708, 27.7081, 27.7091, 27.710, 27.711, and 27.715, F.S., relating to capital collateral representation; amending s. 119.071, F.S.; deleting a public records exemption relating to capital collateral proceedings; amending s. 282.201, F.S.; conforming a provision to changes made by the act; amending ss. 775.15 and 790.161, F.S.; deleting provisions relating to the effect of a declaration by a court of last resort declaring that the death penalty in a capital felony is unconstitutional; repealing s. 913.13, F.S., relating to jurors in capital cases; repealing s. 921.137, F.S., relating to prohibiting the imposition of the death sentence upon a defendant with mental retardation; repealing s. 921.141, F.S., relating to determination of whether to impose a sentence of death or life imprisonment for a capital felony; repealing s. 921.142, F.S., relating to determination of whether to impose a sentence of death or life imprisonment for a capital drug trafficking felony; amending ss. 782.04, 394.912, 782.065, 794.011, and 893.135, F.S.; conforming provisions to changes made by the act; repealing ss. 922.052, 922.06, 922.07, 922.08, 922.095, 922.10, 922.105, 922.108, 922.11, 922.111, 922.12, 922.14, and 922.15, F.S., relating to issuance of warrant of execution, stay of execution of death sentence, proceedings when person under sentence of death appears to be insane, proceedings when person under sentence of death appears to be pregnant, grounds for death warrant, execution of death sentence, prohibition against reduction of death sentence as a result of determination that a method of execution is unconstitutional, sentencing orders in capital cases, regulation of execution, transfer to state prison for safekeeping before death warrant issued, return of warrant of execution issued by Governor, sentence of death unexecuted for unjustifiable reasons, and return of warrant of execution issued by Supreme Court, respectively; amending s. 924.055, F.S.; deleting provisions relating to legislative intent concerning appeals and postconviction proceedings in death penalty cases; repealing ss. 924.056 and 924.057, F.S., relating to commencement of capital postconviction actions for which sentence of death is imposed on or after January 14, 2000, and limitation on postconviction cases in which the death sentence was imposed before January 14, 2000, respectively; amending ss. 924.058 and 924.059, F.S.; conforming provisions to changes made by the act; amending s. 925.11, F.S.; deleting provisions relating to preservation of DNA evidence in death penalty cases; amending s. 945.10, F.S.; deleting a public records exemption for the identity of executioners; providing an effective date.