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Published by Paul B. Kennedy

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Categories:Types, Business/Law
Published by: Paul B. Kennedy on Oct 14, 2011
Copyright:Attribution Non-commercial


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HB 325 2012
CODING: Wordsstrickenare deletions; wordsunderlinedare additions. hb0325-00Page 1 of 6
A bill to be entitled1An act relating to execution of death sentences;2amending s. 922.10, F.S.; providing that a death3sentence shall be executed by electrocution or firing4squad, rather than lethal injection; providing for5designation of the number and members of a firing6squad by the warden; providing that each firing squad7member shall be considered an executioner; amending s.8922.105, F.S.; conforming provisions to changes made9to the method of execution; providing for an election10of execution method for persons subject to a mandate11pursuant to a decision by the Florida Supreme Court12affirming the sentence of death on or within a13specified period after the effective date of the act;14amending s. 945.10, F.S.; conforming provisions to15changes made to the method of execution; providing16applicability; providing an effective date.1718Be It Enacted by the Legislature of the State of Florida:1920Section 1. Section 922.10, Florida Statutes, is amended to21read:22922.10 Execution of death sentence; executioner.
A death23sentence shall be executed by electrocution or firing squad24lethal injection in accordance with s. 922.105. The warden of25the state prison shall, in the case of electrocution, designate26the executioner or, in the case of a firing squad, shall27designate the number and members thereof, each of whom shall be28
HB 325 2012
CODING: Wordsstrickenare deletions; wordsunderlinedare additions. hb0325-00Page 2 of 6
considered an executioner. The warrant authorizing the execution29shall be read to the convicted person immediately before30execution.31Section 2. Section 922.105, Florida Statutes, is amended32to read:33922.105 Execution of death sentence; prohibition against34reduction of death sentence as a result of determination that a35method of execution is unconstitutional.
 36(1) A death sentence shall be executed by electrocution37lethal injection, unless the person sentenced to death38affirmatively elects to be executed by firing squad39electrocution. The sentence shall be executed under the40direction of the Secretary of Corrections or the secretary's41designee.42(2) A person convicted and sentenced to death for a43capital crime at any time shall have one opportunity to elect44that his or her death sentence be executed by firing squad45electrocution. The election for death by firing squad46electrocution is waived unless it is personally made by the47person in writing and delivered to the warden of the48correctional facility within 30 days after the issuance of49mandate pursuant to a decision by the Florida Supreme Court50affirming the sentence of death or, if mandate issued before the51effective date of this act, the election must be made and52delivered to the warden within 30 days after the effective date53of this act. If a warrant of execution is pending on the54effective date of this act, or if a warrant is issued within 3055days after the effective date of this act, the person sentenced56
HB 325 2012
CODING: Wordsstrickenare deletions; wordsunderlinedare additions. hb0325-00Page 3 of 6
to death who is the subject of the warrant shall have waived57election of electrocution as the method of execution unless a58written election signed by the person is submitted to the warden59of the correctional facility no later than 48 hours after a new60date for execution of the death sentence is set by the Governor61under s. 922.06.62(3) If electrocution or firing squad lethal injection is63held to be unconstitutional by the Florida Supreme Court under64the State Constitution, or held to be unconstitutional by the65United States Supreme Court under the United States66Constitution, or if the United States Supreme Court declines to67review any judgment holding a method of execution to be68unconstitutional under the United States Constitution made by69the Florida Supreme Court or the United States Court of Appeals70that has jurisdiction over Florida, all persons sentenced to71death for a capital crime shall be executed by any72constitutional method of execution.73(4) The provisions of the opinion and all points of law74decided by the United States Supreme Court in
Malloy v. South
, 237 U.S. 180 (1915), finding that the Ex Post Facto76Clause of the United States Constitution is not violated by a77legislatively enacted change in the method of execution for a78sentence of death validly imposed for previously committed79capital murders, are adopted by the Legislature as the law of80this state.81(5) A change in the method of execution does not increase82the punishment or modify the penalty of death for capital83murder. Any legislative change to the method of execution for84

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