Florida Senate - 2018 SENATOR AMENDMENT Bill No. CS for SB 7026 Ì306080yÎ306080 LEGISLATIVE ACTION Senate . House . . . Floor: 1cc/F/2R . 03/03/2018 05:42 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Lee moved the following: 1 Senate Amendment to Amendment (234288) (with title 2 amendment) 3 4 Delete lines 1134 - 1135 5 and insert: 6 Section 18. Section 921.139, Florida Statutes, may be cited 7 as the “Sentencing Accountability and Fair Explanation (SAFE) 8 Act.” 9 Section 19. Section 921.139, Florida Statutes, is created 10 to read: 11 921.139 Sentencing and accountability for certain crimes.— 12 (1) The Legislature finds that students have the right to 13 be safe from violent crime at schools. The Legislature further 14 finds that the murder or attempted murder of two or more 15 persons, including students, teachers, administrators, or other 16 persons, committed on school property with a firearm or deadly 17 weapon is one of the most morally reprehensible acts imaginable. 18 Such a crime is directly contrary to all that is just and good. 19 To ensure justice for the victims, venerate innocent life, and 20 maximize the power of the law to deter future violent acts at 21 schools, the branches of government must work together, 22 consistent with constitutional requirements, to ensure that the 23 punishment for the crime is as swift and severe as possible. 24 Consistent with these purposes: 25 (a) If the identity of an adult who commits murder in the 26 first degree of two or more persons using a firearm or deadly 27 weapon on school property is not in doubt due to the quality and 28 quantity of evidence available to a prosecutor, the prosecutor 29 should not offer, and the court should not accept, a plea 30 agreement that excludes the possibility of a death sentence. 31 (b) If the identity of a person who commits murder in the 32 first degree of two or more persons using a firearm or deadly 33 weapon on school property is not in doubt due to the quality and 34 quantity of evidence available to a prosecutor and the offense 35 was committed before the person attained 18 years of age, the 36 prosecutor should not offer, and the court should not accept, a 37 plea agreement that excludes the possibility of a life sentence. 38 (c) If the identity of a person who attempts to commit 39 murder of two or more persons using a firearm or deadly weapon 40 on school property is not in doubt due to the quality and 41 quantity of evidence available to a prosecutor, the prosecutor 42 should not offer, and the court should not accept, a plea 43 agreement for a sentence that is less than the maximum penalty 44 for the offense. 45 (2) As used in this section, the term “school” means any 46 preschool, elementary school, middle school, junior high school, 47 secondary school, career center, or postsecondary school, 48 whether public or nonpublic. 49 (3) If a prosecutor enters into a plea agreement that is 50 accepted by a court which is inconsistent with the 51 recommendations of this section, the office of the state 52 attorney employing the prosecutor shall issue a report within 30 53 days after the agreement is accepted by the court which explains 54 the following: 55 (a) Whether and the extent to which the prosecutor 56 conferred with the victims and intended victims, families of the 57 victims, the investigating officers, and other interested 58 persons before entering into the plea agreement. 59 (b) Whether or the extent to which the agreement is 60 consistent with the severity of the crime and the importance of 61 the lives of the victims or intended victims. 62 (c) Whether or the extent to which the plea agreement will 63 deter similar crimes in the future. 64 (d) Whether other information justifies the plea agreement. 65 66 The report must be published on the website for the office of 67 the state attorney for at least 30 days. 68 Section 20. Subsection (2) of section 921.1401, Florida 69 Statutes, is amended to read: 70 921.1401 Sentence of life imprisonment for persons who are 71 under the age of 18 years at the time of the offense; sentencing 72 proceedings.— 73 (2) In determining whether life imprisonment or a term of 74 years equal to life imprisonment is an appropriate sentence, the 75 court shall consider factors relevant to the offense and the 76 defendant’s youth and attendant circumstances, including, but 77 not limited to: 78 (a) The nature and circumstances of the offense committed 79 by the defendant. 80 (b) The effect of the crime on the victim’s family and on 81 the community. 82 (c) The defendant’s age, maturity, intellectual capacity, 83 and mental and emotional health at the time of the offense. 84 (d) The defendant’s background, including his or her 85 family, home, and community environment. 86 (e) The effect, if any, of immaturity, impetuosity, or 87 failure to appreciate risks and consequences on the defendant’s 88 participation in the offense. 89 (f) The extent of the defendant’s participation in the 90 offense. 91 (g) The effect, if any, of familial pressure or peer 92 pressure on the defendant’s actions. 93 (h) The nature and extent of the defendant’s prior criminal 94 history. 95 (i) The effect, if any, of characteristics attributable to 96 the defendant’s youth on the defendant’s judgment. 97 (j) The possibility of rehabilitating the defendant. 98 (k) The need to deter others from committing murder or 99 attempted murder with a firearm or deadly weapon on the property 100 of a school, as defined in s. 921.139. 101 Section 21. Subsection (6) of section 921.141, Florida 102 Statutes, is amended to read: 103 921.141 Sentence of death or life imprisonment for capital 104 felonies; further proceedings to determine sentence.— 105 (6) AGGRAVATING FACTORS.—Aggravating factors shall be 106 limited to the following: 107 (a) The capital felony was committed by a person previously 108 convicted of a felony and under sentence of imprisonment or 109 placed on community control or on felony probation. 110 (b) The defendant was previously convicted of another 111 capital felony or of a felony involving the use or threat of 112 violence to the person. 113 (c) The defendant knowingly created a great risk of death 114 to many persons. 115 (d) The capital felony was committed while the defendant 116 was engaged, or was an accomplice, in the commission of, or an 117 attempt to commit, or flight after committing or attempting to 118 commit, any: robbery; sexual battery; aggravated child abuse; 119 abuse of an elderly person or disabled adult resulting in great 120 bodily harm, permanent disability, or permanent disfigurement; 121 arson; burglary; kidnapping; aircraft piracy; or unlawful 122 throwing, placing, or discharging of a destructive device or 123 bomb. 124 (e) The capital felony was committed for the purpose of 125 avoiding or preventing a lawful arrest or effecting an escape 126 from custody. 127 (f) The capital felony was committed for pecuniary gain. 128 (g) The capital felony was committed to disrupt or hinder 129 the lawful exercise of any governmental function or the 130 enforcement of laws. 131 (h) The capital felony was especially heinous, atrocious, 132 or cruel. 133 (i) The capital felony was a homicide and was committed in 134 a cold, calculated, and premeditated manner without any pretense 135 of moral or legal justification. 136 (j) The victim of the capital felony was a law enforcement 137 officer engaged in the performance of his or her official 138 duties. 139 (k) The victim of the capital felony was an elected or 140 appointed public official engaged in the performance of his or 141 her official duties if the motive for the capital felony was 142 related, in whole or in part, to the victim’s official capacity. 143 (l) The victim of the capital felony was a person less than 144 12 years of age. 145 (m) The victim of the capital felony was particularly 146 vulnerable due to advanced age or disability, or because the 147 defendant stood in a position of familial or custodial authority 148 over the victim. 149 (n) The capital felony was committed by a criminal gang 150 member, as defined in s. 874.03. 151 (o) The capital felony was committed by a person designated 152 as a sexual predator pursuant to s. 775.21 or a person 153 previously designated as a sexual predator who had the sexual 154 predator designation removed. 155 (p) The capital felony was committed by a person subject to 156 an injunction issued pursuant to s. 741.30 or s. 784.046, or a 157 foreign protection order accorded full faith and credit pursuant 158 to s. 741.315, and was committed against the petitioner who 159 obtained the injunction or protection order or any spouse, 160 child, sibling, or parent of the petitioner. 161 (q) The capital felony was committed on the property of a 162 school, as defined in s. 921.139. 163 164 ================= T I T L E A M E N D M E N T ================ 165 And the title is amended as follows: 166 Delete line 2516 167 and insert: 168 changes made by the act; creating s. 921.139, F.S.; 169 providing legislative findings and intent; defining 170 the term “school”; requiring the office of the state 171 attorney employing a prosecutor who enters into a plea 172 agreement that is inconsistent with certain 173 recommendations to issue a report within a specified 174 timeframe; requiring such reports be published on the 175 office of the state attorney’s website for at least a 176 specified period of time; amending s. 921.1401, F.S.; 177 revising the list of factors relevant to an offense 178 which a court must consider in determining whether 179 life imprisonment or a term of years equal to life 180 imprisonment is an appropriate sentence; amending s. 181 921.141, F.S.; adding an aggravating factor considered 182 during a sentencing proceeding of death or life 183 imprisonment for capital felonies; creating s. 184 943.082, F.S.;