SENATE AMENDMENT

    Bill No. CS/CS/HB 113, 2nd Eng.

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5

 6

 7

 8

 9

10                                                                

11  Senator Webster moved the following substitute for amendment

12  (821620):

13

14         Senate Amendment (with title amendment) 

15         On page 13, between lines 22 and 23,

16

17  insert:

18         (4)  For purposes of imposition of minimum mandatory

19  sentencing provisions of this section, with respect to a

20  firearm, the term "possession" is defined as carrying it on

21  the person. Possession may also be proven by demonstrating

22  that the defendant had the firearm within immediate physical

23  reach with ready access with the intent to use the firearm

24  during the commission of the offense, if proven beyond a

25  reasonable doubt.

26         (5)  In every case in which a law enforcement agency

27  based a criminal charge on facts demonstrating that the

28  defendant met the criteria in s. 775.087(2)(a)1., 2. and 3. or

29  s. 775.087(3)(a)1., 2., and 3. and in which the defendant did

30  not receive the mandatory penalty, the state attorney must

31  place in the court file a memorandum explaining why the

                                  1
    1:42 PM   03/16/99                               h0113.cj12.0b




                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 113, 2nd Eng.

    Amendment No.    





 1  minimum mandatory penalty was not imposed.

 2

 3

 4  ================ T I T L E   A M E N D M E N T ===============

 5  And the title is amended as follows:

 6         On page 4, line 19, after the semicolon

 7

 8  and insert:

 9         providing for application of the definition of

10         the term "possession"; requiring the state

11         attorney to place in court files certain

12         memoranda;

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  2
    1:42 PM   03/16/99                               h0113.cj12.0b