SETTING THE RECORD STRAIGHT

On June 14, 2013, in News Releases, by staff

Governor Rick Scott today signed HB 7083, “An Act Relating to the Death Penalty,” and inaccurate information is being reported on the bill.

 MYTH: HB 7083 “speeds up” and “fast tracks” executions.

 

  • The bill does nothing to speed up the execution process.  The bill makes technical amendments to current law and provides clarity and transparency to legal proceedings.

 

MYTH: The bill shortens the duration of the appeals process.

 

  • The bill does not address the time frame of appeals, but rather affirms appellate, and post conviction remedies, before the clemency process begins. Bottom line, before a death warrant is signed, the legislation mandates that an inmate must still  go through a long and thorough review process.

 

It preserves and affirms the inmate’s existing rights to 1) a direct appeal, 2) a state post-conviction hearing; 3) a post-conviction appeal; 4) a federal habeas-corpus proceeding, and; 5) a federal habeas corpus appeal.

MYTH: The bill would have resulted in the execution of inmates that would have been exonerated.

 

  • Not a single one of the 24 “exonerated” inmates identified by the Death Penalty Information Center would have been certified as eligible for a death warrant under the requirements of HB 7083, because none of them had exhausted their legal remedies.

 

MYTH: The bill will lead to more executions and takes away protections from inmates.

 

  • Nothing in this bill alters the current protections afforded by the courts or the clemency process and adds protections to inmates by removing ineffective counsel.

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