CODING: Words stricken are deletions; words underlined are additions.

House Bill 0417

Florida House of Representatives - 1997 HB 417 By Representatives Argenziano and Burroughs 1 A bill to be entitled 2 An act relating to sentencing; amending s. 3 921.0016, F.S.; providing that substance abuse 4 or addiction, including intoxication, shall not 5 be the basis for mitigating a recommended 6 guidelines sentence; providing an effective 7 date. 8 9 WHEREAS, in Barbera v. State, 505 So.2d 413 (Fla. 10 1987), the Florida Supreme Court held that a trial court may 11 mitigate a recommended guidelines sentence because the 12 defendant was intoxicated or dependent on drugs when the crime 13 was committed, and 14 WHEREAS, the Barbera holding was not reached on the 15 basis of the court's interpretation of a statutorily created 16 mitigating factor, but instead was based on a conclusion that 17 such mitigation is analogous to the jury's use of the defense 18 of intoxication to justify convicting a defendant of a lesser 19 offense, and 20 WHEREAS, the Legislature finds that in Montana v. 21 Egelhoff, 116 S.Ct. 2013 (1996), the United States Supreme 22 Court approved of a state's right to preclude a jury from 23 considering a criminal defendant's intoxication as a defense, 24 and 25 WHEREAS, the Legislature further finds that in Miller 26 v. State, 672 So.2d 95 (Fla. 3d DCA 1996), the Florida Third 27 District Court held that a defendant's appearance in court 28 under the influence of cocaine can justify a finding of direct 29 criminal contempt, and 30 WHEREAS, the Legislature further finds that this 31 Legislature and other state legislatures have penalized 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 417 576-102-97 1 substance abuse or addiction by such means as enacting 2 criminal laws pertaining to driving or boating while under the 3 influence of an intoxicating substance and criminal laws 4 pertaining to possession of a controlled substance, and 5 WHEREAS, the Legislature further finds that drug or 6 alcohol dependency does not provide a basis for mitigation 7 under the United States Sentencing Guidelines, 18 USCS Appx. 8 5H1.4 (1996), and 9 WHEREAS, the Legislature further finds it untenable as 10 a matter of public policy to extend to a criminal defendant 11 the substantial benefit of the mitigation of the defendant's 12 recommended guidelines sentence because the defendant 13 committed a crime while abusing or while addicted to a 14 substance, and 15 WHEREAS, the Legislature further finds that the victim, 16 whose injuries are no less real and painful because the 17 defendant injured the victim while abusing or while addicted 18 to a substance, and who bears no responsibility for the 19 defendant engaging in such irresponsible behavior, has a 20 reasonable interest in the trial court's applying the full 21 measure of the law when the defendant is convicted of a crime 22 against the victim, and 23 WHEREAS, the Legislature further finds that the 24 interests of the victim outweigh any interest a court may 25 determine to be present in mitigating a defendant's 26 recommended guidelines sentence on the basis that the offense 27 was committed while the defendant was abusing or was addicted 28 to a substance, and 29 WHEREAS, it is the intent of the Legislature that 30 substance abuse or addiction, including intoxication at the 31 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 417 576-102-97 1 time of the offense, may not be the basis for mitigating a 2 recommended guidelines sentence, NOW, THEREFORE, 3 4 Be It Enacted by the Legislature of the State of Florida: 5 6 Section 1. Paragraph (d) of subsection (4) of section 7 921.0016, Florida Statutes, 1996 Supplement, is amended, and 8 subsection (5) is added to that section, to read: 9 921.0016 Recommended sentences; departure sentences; 10 aggravating and mitigating circumstances.-- 11 (4) Mitigating circumstances under which a departure 12 from the sentencing guidelines is reasonably justified 13 include, but are not limited to: 14 (d) The defendant requires specialized treatment for a 15 addiction, mental disorder, or physical disability, and the 16 defendant is amenable to treatment. 17 (5) A defendant's substance abuse or addiction, 18 including intoxication at the time of the offense, is not a 19 mitigating factor under subsection (4) and does not, under any 20 circumstances, justify a downward departure from the 21 recommended guidelines sentence. 22 Section 2. This act shall take effect July 1, 1997. 23 24 ***************************************** 25 SENATE SUMMARY 26 Provides that the court may not consider a defendant's substance abuse or addiction, including intoxication at 27 the time of the offense, as a mitigating factor for purposes of imposing a sentence that departs from the 28 sentencing guidelines. 29 30 31 3