Senate Bill 0428c1

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    Florida Senate - 1998                            CS for SB 428

    By the Committee on Criminal Justice





    307-903-98

  1                      A bill to be entitled

  2         An act relating to criminal justice; amending

  3         s. 741.28, F.S.; redefining the term "domestic

  4         violence"; amending ss. 741.281, 741.2909,

  5         F.S.; requiring that if a person is ordered by

  6         the court to attend a batterers' intervention

  7         program, the program must be a program

  8         certified by the Department of Corrections;

  9         providing an exception under certain

10         circumstances; amending s. 775.084, F.S.;

11         authorizing the chief judge of each judicial

12         circuit to establish a court to hear cases

13         against violent career criminals, habitual

14         felony offenders, habitual violent felony

15         offenders, and prison releasee reoffenders;

16         providing an effective date.

17

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

19

20         Section 1.  Section 741.28, Florida Statutes, is

21  amended to read:

22         741.28  Domestic violence; definitions.--As used in ss.

23  741.28-741.31, the term:

24         (1)  "Domestic violence" means any assault, aggravated

25  assault, battery, aggravated battery, sexual assault, sexual

26  battery, stalking, aggravated stalking, kidnapping, false

27  imprisonment, or any criminal offense resulting in physical

28  injury or death of one family or household member by another

29  family or household member who is or was residing in the same

30  single dwelling unit.

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    Florida Senate - 1998                            CS for SB 428
    307-903-98




  1         (2)  "Family or household member" means spouses, former

  2  spouses, persons related by blood or marriage, persons who are

  3  presently residing together as if a family or who have resided

  4  together in the past as if a family, and persons who have a

  5  child in common regardless of whether they have been married

  6  or have resided together at any time.

  7         (3)  "Department" means the Florida Department of Law

  8  Enforcement.

  9         (4)  "Law enforcement officer" means any person who is

10  elected, appointed, or employed by any municipality or the

11  state or any political subdivision thereof who meets the

12  minimum qualifications established in s. 943.13 and is

13  certified as a law enforcement officer under s. 943.1395.

14         Section 2.  Section 741.281, Florida Statutes, is

15  amended to read:

16         741.281  Court to order batterers' intervention program

17  attendance.--If a person is found guilty of, has had

18  adjudication withheld on, or has pled nolo contendere to a

19  crime of domestic violence, as defined in s. 741.28, that

20  person shall be ordered by the court to a minimum term of 1

21  year's probation and the court shall order that the defendant

22  attend a batterers' intervention program that is certified

23  under s. 741.32 as a condition of probation.  If a person is

24  admitted to a pretrial diversion program and has been charged

25  with an act of domestic violence, as defined in s. 741.28, the

26  court shall order as a condition of the program that the

27  defendant attend a batterers' intervention program that is

28  certified under s. 741.32. The court must impose the condition

29  of the batterers' intervention program for a defendant placed

30  on probation or pretrial diversion under this section, but the

31  court, in its discretion, may determine not to impose the

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    Florida Senate - 1998                            CS for SB 428
    307-903-98




  1  condition if it states on the record why a batterers'

  2  intervention program might be inappropriate.  It is preferred,

  3  but not mandatory, that such programs be certified under s.

  4  741.32. If there are no certified batterers' intervention

  5  programs in the circuit, the court shall order that the

  6  defendant attend a noncertified program. The imposition of

  7  probation under this section does shall not preclude the court

  8  from imposing any sentence of imprisonment authorized by s.

  9  775.082.

10         Section 3.  Paragraph (h) of subsection (2) of section

11  741.2902, Florida Statutes, is amended to read:

12         741.2902  Domestic violence; legislative intent with

13  respect to judiciary's role.--

14         (2)  It is the intent of the Legislature, with respect

15  to injunctions for protection against domestic violence,

16  issued pursuant to s. 741.30, that the court shall:

17         (h)  Consider requiring the perpetrator to complete a

18  batterers' intervention program that is.  It is preferred that

19  such program be certified under s. 741.32.

20         Section 4.  Present subsection (6) of section 775.084,

21  Florida Statutes, as amended by section 12 of chapter 97-194,

22  Laws of Florida, is redesignated as subsection (7), and a new

23  subsection (6) is added to that section to read:

24         775.084  Violent career criminals; habitual felony

25  offenders and habitual violent felony offenders; definitions;

26  procedure; enhanced penalties.--

27         (6)  The chief judge of each judicial circuit may, by

28  administrative order, establish a specialized court for the

29  purpose of hearing cases prosecuted under this section or s.

30  775.082(8).

31         Section 5.  This act shall take effect October 1, 1998.

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    Florida Senate - 1998                            CS for SB 428
    307-903-98




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 428

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  4  *    Adds requirement that the court order the defendant
         attend a noncertified batterers' intervention program
  5       when there are no certified programs in the circuit.

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