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House Bill 0241




    Florida House of Representatives - 1997                 HB 241

        By Representatives Valdes, Bainter and Trovillion






  1                      A bill to be entitled

  2         An act relating to sentencing; repealing s.

  3         921.001, F.S., relating to the Sentencing

  4         Commission and sentencing guidelines,

  5         generally; abolishing the Sentencing

  6         Commission; eliminating certain general

  7         provisions with respect to the sentencing

  8         guidelines; repealing s. 921.005, F.S.,

  9         relating to sentencing criteria; establishing a

10         Sentencing Reform Commission; providing for

11         membership and expenses of the reform

12         commission; directing the reform commission to

13         provide the Legislature with recommendations

14         for sentencing policy and structure; providing

15         effective dates.

16

17  Be It Enacted by the Legislature of the State of Florida:

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19         Section 1.  Effective October 1, 1998, section 921.001,

20  Florida Statutes, as amended by chapter 95-184, Laws of

21  Florida, and section 921.005, Florida Statutes, are repealed.

22         Section 2.  There is hereby established a Sentencing

23  Reform Commission which shall be composed of 11 members as

24  follows:  the Attorney General, who shall be the chairperson;

25  two members each from the Florida Police Chiefs Association,

26  the Florida Sheriffs Association, the Florida Prosecuting

27  Attorneys Association, and two circuit court judges, one from

28  each of said categories appointed by the President of the

29  Senate and the Speaker of the House of Representatives; and

30  two members, appointed by the Governor, who are residents of

31  the state and who are not affiliated with The Florida Bar, law

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    Florida House of Representatives - 1997                 HB 241

    225-187C-97






  1  enforcement, any academic institution, or any segment of the

  2  criminal justice system.  The Florida Supreme Court, and the

  3  associations specified in this section are invited to provide

  4  the Legislature with names of six recommended candidates for

  5  appointment to the commission by June 9, 1997.  Members of the

  6  commission shall serve without compensation, but shall be

  7  reimbursed for travel and per diem expenses.  The chairperson

  8  is authorized to convene such meetings, at such times and

  9  locations within the state, as are deemed necessary.  On or

10  before January 1, 1998, the commission shall provide the

11  Legislature with recommendations for a sentencing policy and

12  structure for the state.

13         Section 3.  Except as otherwise provided herein, this

14  act shall take effect upon becoming a law.

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16            *****************************************

17                          HOUSE SUMMARY

18
      Repeals specified provisions relating to the Sentencing
19    Commission and sentencing guidelines, generally.
      Abolishes the commission.  Repeals specified provisions
20    relating to sentencing criteria.  Establishes a
      Sentencing Reform Commission.  Provides for membership
21    and expenses of the reform commission.  Directs the
      reform commission to provide the Legislature with
22    recommendations for sentencing policy and structure.

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