CODING: Words stricken are deletions; words underlined are additions.House Bill 0083
Florida House of Representatives - 1997 HB 83
By Representative Ogles
1 A bill to be entitled
2 An act relating to sexual battery; authorizing
3 the court to sentence a defendant to be treated
4 with medroxyprogesterone acetate (MPA) if the
5 defendant is convicted of sexual battery;
6 providing for mandatory treatment with
7 medroxyprogesterone acetate (MPA) upon a
8 subsequent conviction of sexual battery;
9 providing for voluntary physical castration as
10 an alternative penalty under specified
11 circumstances; defining prior convictions;
12 prohibiting the failure or refusal to appear
13 for or allow the administration of
14 medroxyprogesterone acetate (MPA); providing
15 for severability of provisions held invalid;
16 providing penalties; providing an effective
17 date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. (1) Notwithstanding any other law, the
22 court:
23 (a) May sentence a defendant to be treated with
24 medroxyprogesterone acetate (MPA), according to a schedule of
25 administration established by the Department of Corrections,
26 if the defendant is convicted of sexual battery as described
27 in s. 794.011, Florida Statutes.
28 (b) Shall sentence a defendant to be treated with
29 medroxyprogesterone acetate (MPA), according to a schedule of
30 administration established by the Department of Corrections,
31 if the defendant is convicted of sexual battery as described
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CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 83
520-162-97
1 in s. 794.011, Florida Statutes, and the defendant has a prior
2 conviction of sexual battery under s. 794.011, Florida
3 Statutes.
4 If the court sentences a defendant to be treated with
5 medroxyprogesterone acetate (MPA), the penalty may not be
6 imposed in lieu of, or reduce, any other penalty prescribed
7 under s. 794.011, Florida Statutes. However, in lieu of
8 treatment with medroxyprogesterone acetate (MPA), the court
9 may order the defendant to undergo physical castration upon
10 written motion by the defendant providing the defendant's
11 intelligent, knowing, and voluntary consent to physical
12 castration as an alternative penalty.
13 (2) Notwithstanding the maximum period of
14 incarceration provided for a conviction of violating s.
15 794.011, Florida Statutes, the court may sentence a defendant
16 to be treated with medroxyprogesterone acetate (MPA) for a
17 specific term of years, or for the life of the defendant, if
18 expert medical testimony establishes, by a preponderance of
19 the evidence, that the defendant is an appropriate candidate
20 for treatment with medroxyprogesterone acetate (MPA). The
21 Department of Corrections shall provide the services necessary
22 to administer the medroxyprogesterone acetate (MPA).
23 (3) As used in this section, the term "prior
24 conviction" means a conviction for which sentence was imposed
25 separately prior to the imposition of the sentence for the
26 current offense and which was sentenced separately from any
27 other conviction that is to be counted as a prior conviction
28 under this section.
29 (4) If a defendant whom the court has sentenced to be
30 treated with medroxyprogesterone acetate (MPA) fails or
31 refuses to:
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CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 83
520-162-97
1 (a) Appear as required by the Department of
2 Corrections for purposes of administering the
3 medroxyprogesterone acetate (MPA); or
4 (b) Allow the administration of medroxyprogesterone
5 acetate (MPA),
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7 the defendant is guilty of a felony of the second degree,
8 punishable as provided in s. 775.082, s. 775.083, or s.
9 775.084, Florida Statutes.
10 Section 2. If any provision of this act or the
11 application thereof to any person or circumstance is held
12 invalid, the invalidity shall not affect other provisions or
13 applications of the act which can be given effect without the
14 invalid provision or application, and to this end the
15 provisions of this act are declared severable.
16 Section 3. This act shall take effect October 1, 1997.
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19 HOUSE SUMMARY
20
Authorizes the court to order that a defendant be treated
21 with medroxyprogesterone acetate (MPA) according to a
schedule of administration established by the Department
22 of Corrections if the defendant is convicted of
committing sexual battery. Provides for mandatory
23 treatment with medroxyprogesterone acetate (MPA) upon the
defendant's subsequent conviction of sexual battery.
24 Provides for voluntary physical castration as an
alternative penalty under specified circumstances.
25 Provides that a defendant who fails to appear or to allow
the administration of medroxyprogesterone acetate (MPA)
26 in compliance with a court order is guilty of a second
degree felony.
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