House Bill 0159c2

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







    Florida House of Representatives - 2000           CS/CS/HB 159

        By the Committees on Criminal Justice Appropriations,
    Crime & Punishment and Representatives Kyle, Crist, Bense,
    Feeney, Fasano and Byrd




  1                      A bill to be entitled

  2         An act relating to the prosecution of

  3         juveniles; amending s. 985.227, F.S.; requiring

  4         that the state attorney prosecute a juvenile

  5         between certain ages as an adult if the

  6         juvenile is charged with a specified violent

  7         felony and possessed a firearm or destructive

  8         device during the commission of the felony or

  9         discharged a firearm or destructive device

10         during the commission of the felony which

11         resulted in death or great bodily harm;

12         providing for a juvenile convicted under the

13         act to be sentenced as an adult; specifying

14         circumstances in which the provisions of this

15         act do not apply; providing an effective date.

16

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

18

19         Section 1.  Paragraph (d) is added to subsection (2) of

20  section 985.227, Florida Statutes, to read:

21         985.227  Prosecution of juveniles as adults by the

22  direct filing of an information in the criminal division of

23  the circuit court; discretionary criteria; mandatory

24  criteria.--

25         (2)  MANDATORY DIRECT FILE.--

26         (a)  With respect to any child who was 16 or 17 years

27  of age at the time the alleged offense was committed, the

28  state attorney shall file an information if the child has been

29  previously adjudicated delinquent for an act classified as a

30  felony, which adjudication was for the commission of, attempt

31  to commit, or conspiracy to commit murder, sexual battery,

                                  1

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






    Florida House of Representatives - 2000           CS/CS/HB 159

    608-165-00






  1  armed or strong-armed robbery, carjacking, home-invasion

  2  robbery, aggravated battery, or aggravated assault, and the

  3  child is currently charged with a second or subsequent violent

  4  crime against a person.

  5         (b)  Notwithstanding subsection (1), regardless of the

  6  child's age at the time the alleged offense was committed, the

  7  state attorney must file an information with respect to any

  8  child who previously has been adjudicated for offenses which,

  9  if committed by an adult, would be felonies and such

10  adjudications occurred at three or more separate delinquency

11  adjudicatory hearings, and three of which resulted in

12  residential commitments as defined in s. 985.03(47).

13         (c)  The state attorney must file an information if a

14  child, regardless of the child's age at the time the alleged

15  offense was committed, is alleged to have committed an act

16  that would be a violation of law if the child were an adult,

17  that involves stealing a motor vehicle, including, but not

18  limited to, a violation of s. 812.133, relating to carjacking,

19  or s. 812.014(2)(c)6., relating to grand theft of a motor

20  vehicle, and while the child was in possession of the stolen

21  motor vehicle the child caused serious bodily injury to or the

22  death of a person who was not involved in the underlying

23  offense. For purposes of this section, the driver and all

24  willing passengers in the stolen motor vehicle at the time

25  such serious bodily injury or death is inflicted shall also be

26  subject to mandatory transfer to adult court. "Stolen motor

27  vehicle," for the purposes of this section, means a motor

28  vehicle that has been the subject of any criminal wrongful

29  taking. For purposes of this section, "willing passengers"

30  means all willing passengers who have participated in the

31  underlying offense.

                                  2

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






    Florida House of Representatives - 2000           CS/CS/HB 159

    608-165-00






  1         (d)1.  With respect to any child who was 16 or 17 years

  2  of age at the time the alleged offense was committed, the

  3  state attorney shall file an information if the child has been

  4  charged with committing or attempting to commit an offense

  5  listed in s. 775.087(2)(a)1.a.-q., and, during the commission

  6  of or attempt to commit the offense, the child:

  7         a.  Actually possessed a firearm or destructive device,

  8  as those terms are defined in s. 790.001.

  9         b.  Discharged a firearm or destructive device, as

10  described in s. 775.087(2)(a)2.

11         c.  Discharged a firearm or destructive device, as

12  described in s. 775.087(2)(a)3., and, as a result of the

13  discharge, death or great bodily harm was inflicted upon any

14  person.

15         2.  This paragraph shall not apply if the state

16  attorney has good cause to believe that exceptional

17  circumstances exist which preclude the just prosecution of the

18  child in adult court.

19         3.  Upon transfer, the child shall be subject to

20  prosecution under s. 775.087(2)(a), notwithstanding s.

21  985.233.

22         4.  The Department of Corrections shall make every

23  reasonable effort to ensure that any child 16 or 17 years of

24  age who is convicted and sentenced under this section be

25  completely separated such that there is no physical contact

26  with adult offenders in the facility, including in hallways

27  and in sleeping, dining, recreation, educational, vocational,

28  and healthcare areas, until the offender sentenced under this

29  section is an adult.

30         Section 2.  The Department of Corrections may spend up

31  to $300,000 from resources available from the department's

                                  3

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






    Florida House of Representatives - 2000           CS/CS/HB 159

    608-165-00






  1  appropriation for the 1999-2000 fiscal year and up to $300,000

  2  from resources available from the department's appropriation

  3  for the 2000-2001 fiscal year to provide statewide public

  4  service announcements to advertise the penalties provided in

  5  this section.

  6         Section 3.  This act shall take effect October 1, 2000.

  7

  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