Vote Smart's Synopsis:

Vote to pass a bill that authorizes the death penalty for people who commit sexual assault on children.

Highlights:

• Classifies sexual battery on a person less than 12 years of age as a capital felony (Sec. 1). 

• Requires the proper procedure laid out in the bill must be followed in all capital cases to determine whether a sentence of life in prison or death is given (Sec. 1). 

• Requires that a prosecutor seeking the death penalty must give notice to the defendant and the courts 45 days after the arraignment (Sec. 1). 

• Requires the court to conduct a separate sentencing to determine whether the defendant should be sentenced to life in prison or death (Sec. 2). 

• Requires that the sentencing hearing be held in front of a jury and as soon as possible (Sec. 2). 

• Specifies that evidence regarding aggravating factors and mitigating circumstances can be presented during this sentencing hearing (Sec. 2). 

• Requires that after all evidence regarding aggravating factors and mitigating circumstances during the sentencing hearing, the jury should deliberate to determine if the state has proven, beyond a reasonable doubt, at least 2 aggravating factors (Sec. 2). 

• Specifies that if the jury is unable to unanimously find at least two aggravating factors the defendant is unable to receive a sentence of death (Sec. 2). 

• Requires the jury to make a recommendation to the court as to whether the defendant be sentenced to life imprisonment without the possibility of parole or to death if they unanimously find at least 2 aggravating factors (Sec. 2). 

• Requires the jurors to base their recommendation on the following factors (Sec. 2): 

• Whether sufficient aggravating factors exist; and 

• Whether those aggravating factors outweigh the mitigating factors that exist. 

• Specifies that if 8 or more jurors believe the defendant should be sentenced to death then the jury’s recommendation should be a sentence of death , but if less than 8 jurors believe the defendant should be sentenced to death then the jury’s recommendation should be a sentence of life without parole (Sec. 2). 

• Requires that if the jury recommends a sentence of life without parole then the court imposes the recommended sentence (Sec. 2). 

• Authorizes the court to impose a sentence of death if they consider all aggravating and mitigating factors, the jury recommends a sentence of death, and the jury unanimously finds at least two aggravating factors (Sec. 2). 

• Requires the court to submit a written order addressing all factors in sentencing during a capital case (Sec. 2) 

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that authorizes the death penalty for people who commit sexual assault on children.

Highlights:

• Classifies sexual battery on a person less than 12 years of age as a capital felony (Sec. 1). 

• Requires the proper procedure laid out in the bill must be followed in all capital cases to determine whether a sentence of life in prison or death is given (Sec. 1). 

• Requires that a prosecutor seeking the death penalty must give notice to the defendant and the courts 45 days after the arraignment (Sec. 1). 

• Requires the court to conduct a separate sentencing to determine whether the defendant should be sentenced to life in prison or death (Sec. 2). 

• Requires that the sentencing hearing be held in front of a jury and as soon as possible (Sec. 2). 

• Specifies that evidence regarding aggravating factors and mitigating circumstances can be presented during this sentencing hearing (Sec. 2). 

• Requires that after all evidence regarding aggravating factors and mitigating circumstances during the sentencing hearing, the jury should deliberate to determine if the state has proven, beyond a reasonable doubt, at least 2 aggravating factors (Sec. 2). 

• Specifies that if the jury is unable to unanimously find at least two aggravating factors the defendant is unable to receive a sentence of death (Sec. 2). 

• Requires the jury to make a recommendation to the court as to whether the defendant be sentenced to life imprisonment without the possibility of parole or to death if they unanimously find at least 2 aggravating factors (Sec. 2). 

• Requires the jurors to base their recommendation on the following factors (Sec. 2): 

• Whether sufficient aggravating factors exist; and 

• Whether those aggravating factors outweigh the mitigating factors that exist. 

• Specifies that if 8 or more jurors believe the defendant should be sentenced to death then the jury’s recommendation should be a sentence of death , but if less than 8 jurors believe the defendant should be sentenced to death then the jury’s recommendation should be a sentence of life without parole (Sec. 2). 

• Requires that if the jury recommends a sentence of life without parole then the court imposes the recommended sentence (Sec. 2). 

• Authorizes the court to impose a sentence of death if they consider all aggravating and mitigating factors, the jury recommends a sentence of death, and the jury unanimously finds at least two aggravating factors (Sec. 2). 

• Requires the court to submit a written order addressing all factors in sentencing during a capital case (Sec. 2) 

Full Bill Text