Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for SB 2544
Barcode 444232
CHAMBER ACTION
Senate House
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05/03/2007 04:25 PM .
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11 Senator Joyner moved the following substitute for amendment
12 (783074):
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14 Senate Amendment (with title amendment)
15 On page 2, lines 6-9, delete those lines
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17 and insert:
18 b. For a life felony committed on or after July 1,
19 2007, which is a person's second or subsequent violation of s.
20 800.04(5)(b), by a term of imprisonment for life.
21 Section 2. Section 794.0115, Florida Statutes, is
22 amended to read:
23 794.0115 Dangerous sexual felony offender; mandatory
24 sentencing.--
25 (1) This section may be cited as the "Dangerous Sexual
26 Felony Offender Act."
27 (2) Any person who is convicted of a violation of s.
28 787.025(2)(c); s. 794.011(2), (3), (4), (5), or (8); s.
29 796.03; s. 794.065(1); s. 800.04(4), or (5), (6)(b), or
30 (7)(c); s. 825.1025(2), or (3), or (4); s. 827.071(2), (3), or
31 (4), or (5); or s. 847.0145; or of any similar offense under a
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for SB 2544
Barcode 444232
1 former designation, which offense the person committed when he
2 or she was 18 years of age or older, and the person:
3 (a) Caused serious personal injury to the victim as a
4 result of the commission of the offense;
5 (b) Used or threatened to use a deadly weapon during
6 the commission of the offense;
7 (c) Victimized more than one person during the course
8 of the criminal episode applicable to the offense;
9 (d) Committed the offense while under the jurisdiction
10 of a court for a felony offense under the laws of this state,
11 for an offense that is a felony in another jurisdiction, or
12 for an offense that would be a felony if that offense were
13 committed in this state; or
14 (e) Has previously been convicted of a violation of s.
15 787.025(2)(c); s. 794.011(2), (3), (4), (5), or (8); s.
16 796.03; s. 794.065(1); s. 800.04(4), or (5), (6)(b), or
17 (7)(c); s. 825.1025(2), or (3), or (4); s. 827.071(2), (3), or
18 (4), or (5); s. 847.0145; of any offense under a former
19 statutory designation which is similar in elements to an
20 offense described in this paragraph; or of any offense that is
21 a felony in another jurisdiction, or would be a felony if that
22 offense were committed in this state, and which is similar in
23 elements to an offense described in this paragraph,
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25 is a dangerous sexual felony offender, who must be sentenced
26 to a mandatory minimum term of 25 years imprisonment up to,
27 and including, life imprisonment.
28 (3)(a) Any person who:
29 1. Is convicted of a violation of s. 787.025(2)(c); s.
30 794.011(2), (3), (4), (5), or (8); s. 796.03; s. 794.065(1);
31 s. 800.04(4), (5), (6)(b), or (7)(c); s. 825.1025(2), (3), or
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for SB 2544
Barcode 444232
1 (4); s. 827.071(2), (3), (4), or (5); or s. 847.0145 and was
2 18 years of age or older at the time of the offense; and
3 2. Has been twice previously been convicted of a
4 violation of s. 787.025(2)(c); s. 794.011(2), (3), (4), (5),
5 or (8); s. 796.03; s. 794.065(1); s. 800.04(4),(5), (6)(b), or
6 (7)(c); s. 825.1025(2), (3) or (4); s. 827.071(2), (3), (4) or
7 (5); or s. 847.0145,
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9 must be sentenced to a mandatory minimum term of life
10 imprisonment.
11 (b) For purposes of this subsection, any offense
12 listed in this subsection includes any offense under a former
13 designation which is similar in elements to an offense
14 described in this subsection and any offense that is a felony
15 in another jurisdiction, or would be a felony if that offense
16 were committed in this state, and that is similar in elements
17 to an offense described in this subsection.
18 (4)(3) "Serious personal injury" means great bodily
19 harm or pain, permanent disability, or permanent
20 disfigurement.
21 (5)(4) The offense described in subsection (2) or
22 subsection (3) which is being charged must have been committed
23 after the date of commission of the last prior conviction for
24 an offense that is a prior conviction described in paragraph
25 (2)(e) or subsection (3).
26 (6)(5) It is irrelevant that a factor listed in
27 subsection (2) is an element of an offense described in that
28 subsection. It is also irrelevant that such an offense was
29 reclassified to a higher felony degree under s. 794.023 or any
30 other law.
31 (7)(6) Notwithstanding s. 775.082(3), chapter 958, any
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for SB 2544
Barcode 444232
1 other law, or any interpretation or construction thereof, a
2 person subject to sentencing under this section must be
3 sentenced to the mandatory term of imprisonment provided under
4 this section. If the mandatory minimum term of imprisonment
5 imposed under this section exceeds the maximum sentence
6 authorized under s. 775.082, s. 775.084, or chapter 921, the
7 mandatory minimum term of imprisonment under this section must
8 be imposed. If the mandatory minimum term of imprisonment
9 under this section is less than the sentence that could be
10 imposed under s. 775.082, s. 775.084, or chapter 921, the
11 sentence imposed must include the mandatory minimum term of
12 imprisonment under this section.
13 (8)(7) A defendant sentenced to a mandatory minimum
14 term of imprisonment under this section is not eligible for
15 statutory gain-time under s. 944.275 or any form of
16 discretionary early release, other than pardon or executive
17 clemency, or conditional medical release under s. 947.149,
18 before serving the minimum sentence.
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20 (Redesignate subsequent sections.)
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23 ================ T I T L E A M E N D M E N T ===============
24 And the title is amended as follows:
25 On page 1, lines 3 and 4, delete those lines
26
27 and insert:
28 775.082, F.S.; requiring life sentences for
29 certain second or subsequent offenders;
30 amending s. 794.0115, F.S.; adding offenses to
31 dangerous sexual felony offender law; requiring
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for SB 2544
Barcode 444232
1 mandatory minimum life sentences for certain
2 offenders;
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