CODING: Words stricken are deletions; words underlined are additions.
House Bill 0417c1




    Florida House of Representatives - 1997              CS/HB 417

        By the Committee on Crime & Punishment and Representatives
    Argenziano, Burroughs, Ball, Feeney, Culp, Byrd and Putnam





  1                      A bill to be entitled

  2         An act relating to sentencing; amending s.

  3         921.0016, F.S.; providing that addiction,

  4         alcoholism, or substance abuse, or diminished

  5         capacity due to the influence of alcohol or

  6         controlled substances, shall not be the basis

  7         for mitigating a recommended guidelines

  8         sentence; reenacting s. 921.001(6), F.S.,

  9         relating to Sentencing Commission and

10         sentencing guidelines, generally, to

11         incorporate a reference to said amendment;

12         providing an effective date.

13

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

15

16         Section 1.  Paragraphs (c) and (d) of subsection (4) of

17  section 921.0016, Florida Statutes, 1996 Supplement, are

18  amended to read:

19         921.0016  Recommended sentences; departure sentences;

20  aggravating and mitigating circumstances.--

21         (4)  Mitigating circumstances under which a departure

22  from the sentencing guidelines is reasonably justified

23  include, but are not limited to:

24         (c)  The capacity of the defendant to appreciate the

25  criminal nature of the conduct or to conform that conduct to

26  the requirements of law was substantially impaired. However, a

27  person's capacity, if diminished by the influence of alcohol

28  or controlled substances at the time of the offense, may not

29  in any manner be considered a reason to impose a sentence

30  below the guidelines, or for any other manner of mitigation.

31

                                  1

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






    Florida House of Representatives - 1997              CS/HB 417

    189-816A-97






  1         (d)  The defendant requires specialized treatment for a

  2  addiction, mental disorder, or physical disability, and the

  3  defendant is amenable to treatment. However, addiction,

  4  alcoholism, or substance abuse may not in any manner be

  5  considered a reason to impose a sentence below the guidelines,

  6  or for any other manner of mitigation.

  7         Section 2.  For the purpose of incorporating the

  8  amendment to s. 921.0016, Florida Statutes, 1996 Supplement,

  9  in a reference thereto, subsection (6) of section 921.001,

10  Florida Statutes, is reenacted to read:

11         921.001  Sentencing Commission and sentencing

12  guidelines generally.--

13         (6)  A court may impose a departure sentence outside

14  the sentencing guidelines based upon circumstances or factors

15  which reasonably justify the aggravation or mitigation of the

16  sentence in accordance with s. 921.0016.  The level of proof

17  necessary to establish facts supporting a departure from a

18  sentence under the guidelines is a preponderance of the

19  evidence.  When multiple reasons exist to support a departure

20  from a guidelines sentence, the departure shall be upheld when

21  at least one circumstance or factor justifies the departure

22  regardless of the presence of other circumstances or factors

23  found not to justify departure.  Any sentence imposed outside

24  the range recommended by the guidelines must be explained in

25  writing by the trial court judge.

26         Section 3.  This act shall take effect July 1, 1997.

27

28

29

30

31

                                  2