Florida 2022 Regular Session

Florida House Bill H1251 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 1251 2022
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb1251-00
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to serious mental illness as bar to 2
16	16	sentence of death; creating s. 921.135, F.S.; defining 3
17	17	the term "serious mental illness"; prohibiting the 4
18	18	imposition of a sentence of death upon a defendant 5
19	19	convicted of a capital felony if the defendant had a 6
20	20	serious mental illness at the time the criminal 7
21	21	offense was committed; requiring a defendant to 8
22	22	provide a certain notice if he or she intends to raise 9
23	23	serious mental illness as a bar to a sentence of 10
24	24	death; requiring the defendant to file a written 11
25	25	motion if he or she intends to raise serious mental 12
26	26	illness as a bar to a sentence of death; providing 13
27	27	requirements for the motion; providing for the 14
28	28	testing, evaluation, or examination of the defendant 15
29	29	by experts; providing time limitations for the filing 16
30	30	of the motion; requiring the circuit court to conduct 17
31	31	an evidentiary hearing on the motion; providing court 18
32	32	requirements; providing for waiver of the claim; 19
33	33	requiring certain court orders if the court finds by 20
34	34	clear and convincing evidence that the defendant had a 21
35	35	serious mental illness at the time of the commission 22
36	36	of the criminal offense; authorizing the state to 23
37	37	appeal such an order; providing appeal require ments; 24
38	38	providing that the time of diagnosis does not preclude 25
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40	40	HB 1251 2022
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	the defendant from presenting evidence of a serious 26
52	52	mental illness; prohibiting certain statements of the 27
53	53	defendant from being used against him or her; 28
54	54	providing construction; providing for post conviction 29
55	55	proceedings; providing requirements for postconviction 30
56	56	proceedings; providing for stays of certain 31
57	57	proceedings; providing an effective date. 32
58	58	33
59	59	WHEREAS, leading state and national mental health 34
60	60	organizations, including the American Psychologi cal Association, 35
61	61	the American Psychiatric Association, and the National Alliance 36
62	62	on Mental Illness, have called for a prohibition on imposition 37
63	63	of the death penalty for persons with a serious mental illness 38
64	64	at the time of the commission of the criminal off ense, and 39
65	65	WHEREAS, the American Bar Association recently endorsed the 40
66	66	call for the end of the death penalty for persons with a serious 41
67	67	mental illness, NOW, THEREFORE, 42
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69	69	Be It Enacted by the Legislature of the State of Florida: 44
70	70	45
71	71	Section 1. Section 921 .135, Florida Statutes, is created 46
72	72	to read: 47
73	73	921.135 Imposition of sentence of death upon defendant 48
74	74	with serious mental illness prohibited. — 49
75	75	(1) DEFINITION.—As used in this section, the term "serious 50
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81	81	CODING: Words stricken are deletions; words underlined are additions.
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	mental illness" means any mental diagnosis, disabilit y, or 51
89	89	defect that significantly impairs a person's capacity to 52
90	90	appreciate the nature, consequences, or wrongfulness of his or 53
91	91	her conduct in a criminal offense; exercise rational judgment in 54
92	92	relation to a criminal offense; or conform his or her conduct to 55
93	93	the requirements of the law in connection with a criminal 56
94	94	offense. A disorder manifested primarily by repeated criminal 57
95	95	conduct or attributable solely to the acute effects of alcohol 58
96	96	or other drugs does not, by itself, constitute a serious mental 59
97	97	illness for purposes of this section. The condition or 60
98	98	conditions defined in this section are a bar to the imposition 61
99	99	of the death penalty notwithstanding the standard established in 62
100	100	s. 775.027 for insanity and the criteria specified in s. 916.12 63
101	101	for establishing competence to proceed. 64
102	102	(2) DEATH PENALTY PROHIBITED FOR DEFENDANT WITH SERIOUS 65
103	103	MENTAL ILLNESS AT TIME OF COMMISSION OF CRIMINAL OFFENSE. —A 66
104	104	sentence of death may not be imposed upon a defendant convicted 67
105	105	of a capital felony if it is determined in accordanc e with this 68
106	106	section that the defendant had a serious mental illness at the 69
107	107	time the criminal offense was committed. 70
108	108	(3) NOTICE REQUIRED. —A defendant charged with a capital 71
109	109	felony who intends to raise serious mental illness as a bar to a 72
110	110	sentence of death must give notice of such intention in 73
111	111	accordance with the rules of court governing notices of intent 74
112	112	to offer expert testimony regarding mental health mitigation 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	during the penalty phase of a capital trial. 76
126	126	(4) MOTION FOR DETERMINATION OF SERIOUS MENTAL ILLNESS AS 77
127	127	A BAR TO SENTENCE OF DEATH; CONTENTS; PROCEDURES. — 78
128	128	(a) A defendant who intends to raise serious mental 79
129	129	illness as a bar to sentence of death shall file a written 80
130	130	motion to establish serious mental illness as a bar to sentence 81
131	131	of death with the court. 82
132	132	(b) The motion must state that the defendant is seriously 83
133	133	mentally ill and, if the defendant has been tested, evaluated, 84
134	134	or examined by one or more experts, must include the names and 85
135	135	addresses of the experts. Copies of reports containing the 86
136	136	opinions of any experts named in the motion must be attached to 87
137	137	the motion. The court shall appoint an expert chosen by the 88
138	138	state attorney if the state attorney so requests, and such 89
139	139	expert shall promptly test, evaluate, or examine the defendant 90
140	140	and submit a written report of any findings to the parties and 91
141	141	the court. 92
142	142	(c) If the defendant has not been tested, evaluated, or 93
143	143	examined by one or more experts, the motion must state that fact 94
144	144	and the court must appoint two experts who shall promptly test, 95
145	145	evaluate, or examine the defendant and submit a written report 96
146	146	of any findings to the parties and the court. 97
147	147	(d) Attorneys for the state and the defendant may be 98
148	148	present at the examinations conducted by court -appointed 99
149	149	experts. 100
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162	162	(e) If the defendant refuses to be examined or to fully 101
163	163	cooperate with the court -appointed experts or the state's 102
164	164	expert, the court may: 103
165	165	1. Order the defense to allow the court -appointed experts 104
166	166	to review all mental health reports, tests, and evaluation s by 105
167	167	the defendant's expert; 106
168	168	2. Prohibit the defense experts from testifying concerning 107
169	169	any tests, evaluations, or examinations of the defendant 108
170	170	regarding the defendant's serious mental illness; or 109
171	171	3. Order such relief as the court determines to be 110
172	172	appropriate. 111
173	173	(5) TIME FOR FILING MOTION FOR DETERMINATION OF SERIOUS 112
174	174	MENTAL ILLNESS AS A BAR TO SENTENCE OF DEATH. —The motion for a 113
175	175	determination of serious mental illness as a bar to sentence of 114
176	176	death must be filed no later than 90 days before trial or at 115
177	177	such time as is ordered by the court. 116
178	178	(6) HEARING ON MOTION TO DETERMINE SERIOUS MENTAL 117
179	179	ILLNESS.—The circuit court shall conduct an evidentiary hearing 118
180	180	on the motion for a determination of serious mental illness. At 119
181	181	the hearing, the court shall consider the findings of the 120
182	182	experts and all other evidence on the issue of whether the 121
183	183	defendant is seriously mentally ill. If the court finds that the 122
184	184	defendant is seriously mentally ill, it must enter a written 123
185	185	order prohibiting the imposition of the death penal ty and 124
186	186	setting forth the court's specific findings in support of the 125
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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197	197
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199	199	determination. The court shall stay the proceedings for 30 days 126
200	200	after the date of rendition of the order prohibiting the death 127
201	201	penalty or, if a motion for rehearing is filed, for 30 days 128
202	202	following the rendition of the order denying rehearing, to allow 129
203	203	the state the opportunity to appeal the order. If the court 130
204	204	determines that the defendant has not established that he or she 131
205	205	is seriously mentally ill, the court must enter a written order 132
206	206	setting forth the court's specific findings in support of that 133
207	207	determination. 134
208	208	(7) WAIVER.—A claim authorized under this section is 135
209	209	waived if it is not timely filed as specified in subsection (5), 136
210	210	unless good cause is shown for the failure to comply with th at 137
211	211	subsection. 138
212	212	(8) FINDING OF SERIOUS MENTAL ILLNESS; ORDER TO PROCEED. —139
213	213	If the court finds by clear and convincing evidence that the 140
214	214	defendant had a serious mental illness at the time he or she 141
215	215	committed the criminal offense, the court must order the cas e to 142
216	216	proceed without the death penalty as an issue and must enter a 143
217	217	written order that sets forth with specificity the findings of 144
218	218	support for the determination. 145
219	219	(9) APPEAL.—The state may appeal a court order finding 146
220	220	that the defendant is seriously menta lly ill, which stays 147
221	221	further proceedings in the trial court until a decision on 148
222	222	appeal is rendered. Appeals must proceed according to Rule 149
223	223	9.140(c), Florida Rules of Appellate Procedure. 150
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232	232	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236	236	(10) TIME OF DIAGNOSIS. —A diagnosis of the condition or 151
237	237	conditions after the date of commission of the criminal offense 152
238	238	with which the person is charged does not preclude him or her 153
239	239	from presenting evidence that he or she had a serious mental 154
240	240	illness at the time he or she is alleged to have committed the 155
241	241	offense. 156
242	242	(11) STATEMENTS OF DEFENDANT. —Any statement that a person 157
243	243	makes in an evaluation or pretrial hearing ordered pursuant to 158
244	244	this section may not be used against the defendant on the issue 159
245	245	of guilt in any criminal action or proceeding. 160
246	246	(12) MITIGATION EXCLUSION. —This section may not be 161
247	247	construed to preclude the defendant from presenting mitigating 162
248	248	evidence of serious mental illness at the sentencing phase of 163
249	249	the trial. 164
250	250	(13) EFFECT ON POSTCONVICTION PROCEEDINGS. —If a person to 165
251	251	whom this section applies has complet ed state postconviction 166
252	252	proceedings, the person may request permission to file a 167
253	253	successive petition for postconviction relief in accordance with 168
254	254	the Florida Rules of Criminal Procedure alleging that the 169
255	255	petitioner is an individual who had a serious mental illness at 170
256	256	the time he or she committed the offense. A request under this 171
257	257	subsection must be filed not later than July 1, 2023. If the 172
258	258	successive petition is authorized, the postconviction court must 173
259	259	proceed under the Florida rules of postconviction relie f. If the 174
260	260	postconviction court determines that the petitioner is an 175
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266	266	CODING: Words stricken are deletions; words underlined are additions.
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269	269	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273	273	individual with a serious mental illness, it must vacate the 176
274	274	petitioner's sentence of death and impose a sentence of life 177
275	275	imprisonment without parole. This subsection does not preclude 178
276	276	the postconviction court from granting the person any additional 179
277	277	relief to which the person may be entitled based on the merits 180
278	278	of the person's additional postconviction claims. 181
279	279	(14) MOTION TO ESTABLISH SERIOUS MENTAL ILLNESS AS A BAR 182
280	280	TO SENTENCE OF DEATH; STAY OF EXECUTION.—The filing of a motion 183
281	281	to establish serious mental illness as a bar to sentence of 184
282	282	death does not stay further proceedings in the absence of a 185
283	283	separate order staying execution. 186
284	284	Section 2. This act shall take effect July 1, 2022. 187