SB 106

Under existing law, Act 2017-131 of the 2017 Regular Session removed the authority of the court to override a jury verdict in a capital case. Act 2017-131 specifically provided that the act would not apply retroactively

This bill would specify that Act 2017-131 would apply retroactively

Relating to capital cases; to amend Act 2017-131 of the 2017 Regular Session, removing the authority of the court to override a jury verdict, to specify that the act would apply retroactively to defendants sentenced to death when the jury returned a verdict of life without parole.

Section 1

Section 2 of Act 2017-131 of the 2017 Regular Session is amended to read as follows:

Section 2. This act shall apply to any defendant who is charged with capital murder after the effective date of this act and shall not apply retroactively to any defendant who has previously been convicted of capital murder and sentenced to death prior to the effective date of this act. Any defendant sentenced to death by the court after the jury returned a verdict of life without parole shall be resentenced to life without parole in accordance with this act."

Section 2

This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.