Florida Senate - 2016 COMMITTEE AMENDMENT
Bill No. SB 862
Ì161052qÎ161052
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/01/2016 .
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The Committee on Criminal Justice (Bradley) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Between lines 137 and 138
4 insert:
5 Section 3. Section 916.145, Florida Statutes, is amended to
6 read:
7 916.145 Dismissal of charges.—
8 (1) The charges against a any defendant adjudicated
9 incompetent to proceed due to the defendant’s mental illness
10 shall be dismissed without prejudice to the state if the
11 defendant remains incompetent to proceed 5 continuous
12 uninterruped years after such determination, unless the court in
13 its order specifies its reasons for believing that the defendant
14 will become competent to proceed within the foreseeable future
15 and specifies the time within which the defendant is expected to
16 become competent to proceed. The court may dismiss such charges
17 at least 3 and no more than 5 years after such determination,
18 unless the charge is:
19 (a) Arson;
20 (b) Sexual battery;
21 (c) Robbery;
22 (d) Kidnapping;
23 (e) Aggravated child abuse;
24 (f) Aggravated abuse of an elderly person or disabled
25 adult;
26 (g) Aggravated assault with a deadly weapon;
27 (h) Murder;
28 (i) Manslaughter;
29 (j) Aggravated manslaughter of an elderly person or
30 disabled adult;
31 (k) Aggravated manslaughter of a child;
32 (l) Unlawful throwing, projecting, placing, or discharging
33 of a destructive device or bomb;
34 (m) Armed burglary;
35 (n) Aggravated battery;
36 (o) Aggravated stalking;
37 (p) A forcible felony as defined in s. 776.08 and not
38 listed elsewhere in this subsection;
39 (q) An offense involving the possession, use, or discharge
40 of a firearm;
41 (r) An attempt to commit an offense listed in this
42 subsection;
43 (s) An offense allegedly committed by a defendant who has
44 had a forcible or violent felony conviction within the 5 years
45 preceding the date of arrest for the nonviolent felony sought to
46 be dismissed;
47 (t) An offense allegedly committed by a defendant who,
48 after having been found incompetent and under court supervision
49 in a community-based program, is formally charged by a State
50 Attorney with a new felony offense; or
51 (u) One for which there is an identifiable victim and such
52 victim has not consented to the dismissal.
53 (2) This section does not prohibit the state from refiling
54 dismissed charges if the defendant is declared to be competent
55 to proceed in the future against the defendant are dismissed
56 without prejudice to the state to refile the charges should the
57 defendant be declared competent to proceed in the future.
58
59 ================= T I T L E A M E N D M E N T ================
60 And the title is amended as follows:
61 Delete line 11
62 and insert:
63 specified time; amending s. 916.145, F.S.; revising
64 the time for dismissal of certain charges for
65 defendants that remain incompetent to proceed to
66 trial; providing exceptions; amending s. 916.15, F.S.;
67 requiring