Florida Senate - 2018 SENATOR AMENDMENT Bill No. CS for SB 7026 Ì522004cÎ522004 LEGISLATIVE ACTION Senate . House . . . Floor: NC/2R . 03/03/2018 06:07 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Lee moved the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 1024 and 1025 4 insert: 5 Section 13. Section 921.139, Florida Statutes, may be cited 6 as the “Sentencing Accountability and Fair Explanation (SAFE) 7 Act.” 8 Section 14. Section 921.139, Florida Statutes, is created 9 to read: 10 921.139 Sentencing and accountability for certain crimes.— 11 (1) The Legislature finds that students have the right to 12 be safe from violent crime at schools. The Legislature further 13 finds that the murder or attempted murder of two or more 14 persons, including students, teachers, administrators, or other 15 persons, committed on school property with a firearm or deadly 16 weapon is one of the most morally reprehensible acts imaginable. 17 Such a crime is directly contrary to all that is just and good. 18 To ensure justice for the victims, venerate innocent life, and 19 maximize the power of the law to deter future violent acts at 20 schools, the branches of government must work together, 21 consistent with constitutional requirements, to ensure that the 22 punishment for the crime is as swift and severe as possible. 23 Consistent with these purposes: 24 (a) If the identity of an adult who commits murder in the 25 first degree of two or more persons using a firearm or deadly 26 weapon on school property is not in doubt due to the quality and 27 quantity of evidence available to a prosecutor, the prosecutor 28 should not offer, and the court should not accept, a plea 29 agreement that excludes the possibility of a death sentence. 30 (b) If the identity of a person who commits murder in the 31 first degree of two or more persons using a firearm or deadly 32 weapon on school property is not in doubt due to the quality and 33 quantity of evidence available to a prosecutor and the offense 34 was committed before the person attained 18 years of age, the 35 prosecutor should not offer, and the court should not accept, a 36 plea agreement that excludes the possibility of a life sentence. 37 (c) If the identity of a person who attempts to commit 38 murder of two or more persons using a firearm or deadly weapon 39 on school property is not in doubt due to the quality and 40 quantity of evidence available to a prosecutor, the prosecutor 41 should not offer, and the court should not accept, a plea 42 agreement for a sentence that is less than the maximum penalty 43 for the offense. 44 (2) As used in this section, the term “school” means any 45 preschool, elementary school, middle school, junior high school, 46 secondary school, career center, or postsecondary school, 47 whether public or nonpublic. 48 (3) If a prosecutor enters into a plea agreement that is 49 accepted by a court which is inconsistent with the 50 recommendations of this section, the office of the state 51 attorney employing the prosecutor shall issue a report within 30 52 days after the agreement is accepted by the court which explains 53 the following: 54 (a) Whether and the extent to which the prosecutor 55 conferred with the victims and intended victims, families of the 56 victims, the investigating officers, and other interested 57 persons before entering into the plea agreement. 58 (b) Whether or the extent to which the agreement is 59 consistent with the severity of the crime and the importance of 60 the lives of the victims or intended victims. 61 (c) Whether or the extent to which the plea agreement will 62 deter similar crimes in the future. 63 (d) Whether other information justifies the plea agreement. 64 65 The report must be published on the website for the office of 66 the state attorney for at least 30 days. 67 Section 15. Subsection (2) of section 921.1401, Florida 68 Statutes, is amended to read: 69 921.1401 Sentence of life imprisonment for persons who are 70 under the age of 18 years at the time of the offense; sentencing 71 proceedings.— 72 (2) In determining whether life imprisonment or a term of 73 years equal to life imprisonment is an appropriate sentence, the 74 court shall consider factors relevant to the offense and the 75 defendant’s youth and attendant circumstances, including, but 76 not limited to: 77 (a) The nature and circumstances of the offense committed 78 by the defendant. 79 (b) The effect of the crime on the victim’s family and on 80 the community. 81 (c) The defendant’s age, maturity, intellectual capacity, 82 and mental and emotional health at the time of the offense. 83 (d) The defendant’s background, including his or her 84 family, home, and community environment. 85 (e) The effect, if any, of immaturity, impetuosity, or 86 failure to appreciate risks and consequences on the defendant’s 87 participation in the offense. 88 (f) The extent of the defendant’s participation in the 89 offense. 90 (g) The effect, if any, of familial pressure or peer 91 pressure on the defendant’s actions. 92 (h) The nature and extent of the defendant’s prior criminal 93 history. 94 (i) The effect, if any, of characteristics attributable to 95 the defendant’s youth on the defendant’s judgment. 96 (j) The possibility of rehabilitating the defendant. 97 (k) The need to deter others from committing murder or 98 attempted murder with a firearm or deadly weapon on the property 99 of a school, as defined in s. 921.139. 100 Section 16. Subsection (6) of section 921.141, Florida 101 Statutes, is amended to read: 102 921.141 Sentence of death or life imprisonment for capital 103 felonies; further proceedings to determine sentence.— 104 (6) AGGRAVATING FACTORS.—Aggravating factors shall be 105 limited to the following: 106 (a) The capital felony was committed by a person previously 107 convicted of a felony and under sentence of imprisonment or 108 placed on community control or on felony probation. 109 (b) The defendant was previously convicted of another 110 capital felony or of a felony involving the use or threat of 111 violence to the person. 112 (c) The defendant knowingly created a great risk of death 113 to many persons. 114 (d) The capital felony was committed while the defendant 115 was engaged, or was an accomplice, in the commission of, or an 116 attempt to commit, or flight after committing or attempting to 117 commit, any: robbery; sexual battery; aggravated child abuse; 118 abuse of an elderly person or disabled adult resulting in great 119 bodily harm, permanent disability, or permanent disfigurement; 120 arson; burglary; kidnapping; aircraft piracy; or unlawful 121 throwing, placing, or discharging of a destructive device or 122 bomb. 123 (e) The capital felony was committed for the purpose of 124 avoiding or preventing a lawful arrest or effecting an escape 125 from custody. 126 (f) The capital felony was committed for pecuniary gain. 127 (g) The capital felony was committed to disrupt or hinder 128 the lawful exercise of any governmental function or the 129 enforcement of laws. 130 (h) The capital felony was especially heinous, atrocious, 131 or cruel. 132 (i) The capital felony was a homicide and was committed in 133 a cold, calculated, and premeditated manner without any pretense 134 of moral or legal justification. 135 (j) The victim of the capital felony was a law enforcement 136 officer engaged in the performance of his or her official 137 duties. 138 (k) The victim of the capital felony was an elected or 139 appointed public official engaged in the performance of his or 140 her official duties if the motive for the capital felony was 141 related, in whole or in part, to the victim’s official capacity. 142 (l) The victim of the capital felony was a person less than 143 12 years of age. 144 (m) The victim of the capital felony was particularly 145 vulnerable due to advanced age or disability, or because the 146 defendant stood in a position of familial or custodial authority 147 over the victim. 148 (n) The capital felony was committed by a criminal gang 149 member, as defined in s. 874.03. 150 (o) The capital felony was committed by a person designated 151 as a sexual predator pursuant to s. 775.21 or a person 152 previously designated as a sexual predator who had the sexual 153 predator designation removed. 154 (p) The capital felony was committed by a person subject to 155 an injunction issued pursuant to s. 741.30 or s. 784.046, or a 156 foreign protection order accorded full faith and credit pursuant 157 to s. 741.315, and was committed against the petitioner who 158 obtained the injunction or protection order or any spouse, 159 child, sibling, or parent of the petitioner. 160 (q) The capital felony was committed on the property of a 161 school, as defined in s. 921.139. 162 163 ================= T I T L E A M E N D M E N T ================ 164 And the title is amended as follows: 165 Delete line 111 166 and insert: 167 material; providing a short title; creating s. 168 921.139, F.S.; providing legislative findings and 169 intent; defining the term “school”; requiring the 170 office of the state attorney employing a prosecutor 171 who enters into a plea agreement that is inconsistent 172 with certain recommendations to issue a report within 173 a specified timeframe; requiring such reports be 174 published on the office of the state attorney’s 175 website for at least a specified period of time; 176 amending s. 921.1401, F.S.; revising the list of 177 factors relevant to an offense which a court must 178 consider in determining whether life imprisonment or a 179 term of years equal to life imprisonment is an 180 appropriate sentence; amending s. 921.141, F.S.; 181 adding an aggravating factor considered during a 182 sentencing proceeding of death or life imprisonment 183 for capital felonies; creating s. 943.082, F.S.; 184 requiring the