S T A T E A T T O R N E Y ’ S M E S S A G E S u z y L o p e z –
H i l l s b o r o u g h C o u n t y S t a t e A t t o r n e y
stateattorney ’ sofficeinstitutes newProceduresforcapital sexualBatterycases
thesechangeswillensurethatcapitalsexualbatterycases arereviewedinathoughtfulandcarefulmanner .
This year , the state legislature passed House Bill 1297 which increases the possible penalty for capital sexual battery cases , potentially making these charges eligible for the death penalty . The legislature also implemented several additional protections for defendants charged in those cases , including the use of 12-person jury panels and prosecution by indictment .
Capital sexual battery charges have always been among the most serious and tragic cases handled by our office . The prosecutors assigned to these cases are some of our most dedicated and experienced attorneys . For crimes of capital sexual battery that occur after October 1 , 2023 , we will institute several changes to how our office handles these cases . These changes will ensure that capital sexual battery cases are reviewed in a thoughtful and careful manner .
We will institute a new Capital Sexual Battery Committee comprised of myself and a team of seasoned attorneys with both homicide and sex crime prosecutorial experience . Upon initial receipt of a capital sexual battery case , as part of the intake process , our Special Victims Unit will conduct an initial screening process to evaluate the associated aggravators and mitigators to determine whether formal Committee review is appropriate . If it is , the case will be referred to the Capital Sexual Battery Committee .
Like our homicide and traffic homicide committees , this new group will take great care in reviewing each case . While the final decision is ultimately that of the State Attorney , it is important for a group of knowledgeable and experienced attorneys to weigh all the facts of the case and discuss options before coming to a final decision .
Every capital case must be evaluated on its own facts to determine if a reasonable jury made up of Hillsborough County citizens could sentence a defendant to death . It is the most serious penalty available under Florida law , and I approach the responsibility with a sense of humility and duty to the rule of law . n
Join Us in Celebrating the Season by Attending the HCBA Holiday Open House
Wednesday , December 6 , at 5 p . m ., Chester Ferguson Law Center More information at hillsbar . com
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