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FL S1740

Joint Resolution

Status

Failed

5/3/2013

Primary Sponsor

Joe Negron

Click for details

Origin

Senate

2013 Regular Session

AI Summary

  • Proposes amendment to Article V, Section 2 of State Constitution to transfer authority over postconviction and collateral review procedures in capital cases from the Supreme Court to the legislature through general law.

  • Removes the Supreme Court's constitutional rulemaking authority specifically for death penalty case procedures, including timeframes for filing postconviction motions.

  • Requires postconviction or collateral review of capital cases resulting in death sentences to be governed exclusively by general law enacted by the legislature.

  • Effective date is July 1, 2015, and applies only to capital cases where the conviction and death sentence have been affirmed on direct appeal on or after that date.

  • Must be approved by Florida voters at a general election or special election before taking effect.

Legislative Description

Postconviction Death Penalty Proceedings

Last Action

Died in Appropriations, companion bill(s) passed, see CS/CS/HB 7083 (Ch. 2013-216)

5/3/2013

Committee Referrals

Appropriations4/2/2013
Judiciary3/7/2013

Full Bill Text

No bill text available