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FL S1740
Joint Resolution
AI Summary
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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.
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Removes the Supreme Court's constitutional rulemaking authority specifically for death penalty case procedures, including timeframes for filing postconviction motions.
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Requires postconviction or collateral review of capital cases resulting in death sentences to be governed exclusively by general law enacted by the legislature.
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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.
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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