Senate Bill 1534
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 1534
By Senator Gutman
34-1005-98
1 A bill to be entitled
2 An act relating to habitual violent felony
3 offenders; amending s. 775.084, F.S.;
4 authorizing the court to sentence a defendant
5 to an extended term of imprisonment as a
6 habitual violent felony offender if the
7 defendant has previously been convicted of
8 lewd, lascivious, or indecent conduct or of any
9 attempt or conspiracy to commit such offense;
10 providing an effective date.
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12 Be It Enacted by the Legislature of the State of Florida:
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14 Section 1. Paragraph (b) of subsection (1) of section
15 775.084, Florida Statutes, is amended to read:
16 775.084 Violent career criminals; habitual felony
17 offenders and habitual violent felony offenders; definitions;
18 procedure; enhanced penalties.--
19 (1) As used in this act:
20 (b) "Habitual violent felony offender" means a
21 defendant for whom the court may impose an extended term of
22 imprisonment, as provided in paragraph (4)(b), if it finds
23 that:
24 1. The defendant has previously been convicted of a
25 felony or an attempt or conspiracy to commit a felony and one
26 or more of such convictions was for:
27 a. Arson;
28 b. Sexual battery;
29 c. Robbery;
30 d. Kidnapping;
31 e. Aggravated child abuse;
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 1534
34-1005-98
1 f. Aggravated abuse of an elderly person or disabled
2 adult;
3 g. Aggravated assault;
4 h. Murder;
5 i. Manslaughter;
6 j. Aggravated manslaughter of an elderly person or
7 disabled adult;
8 k. Aggravated manslaughter of a child;
9 l. Unlawful throwing, placing, or discharging of a
10 destructive device or bomb;
11 m. Armed burglary;
12 n. Aggravated battery; or
13 o. Aggravated stalking; or.
14 p. Lewd, lascivious, or indecent conduct, as described
15 in s. 800.04.
16 2. The felony for which the defendant is to be
17 sentenced was committed:
18 a. While the defendant was serving a prison sentence
19 or other commitment imposed as a result of a prior conviction
20 for an enumerated felony; or
21 b. Within 5 years of the date of the conviction of the
22 last prior enumerated felony, or within 5 years of the
23 defendant's release from a prison sentence or other commitment
24 imposed as a result of a prior conviction for an enumerated
25 felony, whichever is later.
26 3. The defendant has not received a pardon on the
27 ground of innocence for any crime that is necessary for the
28 operation of this paragraph.
29 4. A conviction of a crime necessary to the operation
30 of this paragraph has not been set aside in any postconviction
31 proceeding.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 1534
34-1005-98
1 Section 2. This act shall take effect July 1, 1998.
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4 SENATE SUMMARY
5 Redefines the term "habitual violent felony offender" so
that the court may sentence a defendant to an extended
6 term of imprisonment if the defendant has previously been
convicted of committing, or attempting or conspiring to
7 commit, a lewd, lascivious, or indecent act under s.
800.04, F.S.
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