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House Bill 0083c1

Florida House of Representatives - 1997 CS/HB 83 By the Committee on Crime & Punishment and Representatives Ogles, Ball, Feeney, Valdes, Rodriguez-Chomat and Villalobos 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; providing for medical 12 determination of medroxyprogesterone acetate 13 (MPA) treatment; providing for commencement, 14 continuation, and termination of treatment; 15 defining "prior conviction"; prohibiting the 16 failure or refusal to appear for or allow the 17 administration of medroxyprogesterone acetate 18 (MPA); providing penalties; providing for 19 severability of provisions held invalid; 20 providing an effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1. (1) Notwithstanding any other law, the 25 court: 26 (a) May sentence a defendant to be treated with 27 medroxyprogesterone acetate (MPA), according to a schedule of 28 administration established by the Department of Corrections, 29 if the defendant is convicted of sexual battery as described 30 in s. 794.011, Florida Statutes. 31 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 83 189-811-97 1 (b) Shall sentence a defendant to be treated with 2 medroxyprogesterone acetate (MPA), according to a schedule of 3 administration established by the Department of Corrections, 4 if the defendant is convicted of sexual battery as described 5 in s. 794.011, Florida Statutes, and the defendant has a prior 6 conviction of sexual battery under s. 794.011, Florida 7 Statutes. 8 9 If the court sentences a defendant to be treated with 10 medroxyprogesterone acetate (MPA), the penalty may not be 11 imposed in lieu of, or reduce, any other penalty prescribed 12 under s. 794.011, Florida Statutes. However, in lieu of 13 treatment with medroxyprogesterone acetate (MPA), the court 14 may order the defendant to undergo physical castration upon 15 written motion by the defendant providing the defendant's 16 intelligent, knowing, and voluntary consent to physical 17 castration as an alternative penalty. 18 (2) An order of the court sentencing a defendant to 19 medroxyprogesterone acetate (MPA) treatment under subsection 20 (1) shall be contingent upon a determination by a qualified 21 medical expert that the defendant is an appropriate candidate 22 for treatment with medroxyprogesterone acetate (MPA). Such 23 determination is to be made within 60 days from the imposition 24 of sentence. In all cases involving defendants sentenced to a 25 period of incarceration, the administration of treatment with 26 medroxyprogesterone acetate (MPA) shall commence not later 27 than 1 week prior to the defendant's release from prison or 28 other institution. Treatments with medroxyprogesterone 29 acetate (MPA) shall continue until such time as the Department 30 of Corrections determines that treatment is no longer 31 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 83 189-811-97 1 necessary. However, except as provided in subsection (3), no 2 treatments shall exceed the maximum period of incarceration. 3 (3) Notwithstanding the maximum period of 4 incarceration provided for a conviction of violating s. 5 794.011, Florida Statutes, the court may sentence a defendant 6 to be treated with medroxyprogesterone acetate (MPA) for a 7 specific term of years, or for the life of the defendant, if 8 expert medical testimony establishes, by a preponderance of 9 the evidence, that the defendant is an appropriate candidate 10 for treatment with medroxyprogesterone acetate (MPA). The 11 Department of Corrections shall provide the services necessary 12 to administer the medroxyprogesterone acetate (MPA). 13 (4) As used in this section, the term "prior 14 conviction" means a conviction for which sentence was imposed 15 separately prior to the imposition of the sentence for the 16 current offense and which was sentenced separately from any 17 other conviction that is to be counted as a prior conviction 18 under this section. 19 (5) A person whom the court has sentenced to be 20 treated with medroxyprogesterone acetate (MPA) and who fails 21 or refuses to: 22 (a) Appear as required by the Department of 23 Corrections for purposes of administering the 24 medroxyprogesterone acetate (MPA); or 25 (b) Allow the administration of medroxyprogesterone 26 acetate (MPA), 27 28 commits a felony of the second degree, punishable as provided 29 in s. 775.082, s. 775.083, or s. 775.084, Florida Statutes. 30 Section 2. If any provision of this act or the 31 application thereof to any person or circumstance is held 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 83 189-811-97 1 invalid, the invalidity shall not affect other provisions or 2 applications of the act which can be given effect without the 3 invalid provision or application, and to this end the 4 provisions of this act are declared severable. 5 Section 3. This act shall take effect October 1, 1997, 6 and shall apply to all offenses committed on or after that 7 date. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4