Senate Bill 2406

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



    Florida Senate - 2000                                  SB 2406

    By Senator Campbell





    33-1111-00                                              See HB

  1                      A bill to be entitled

  2         An act relating to mandatory sentences for

  3         sexual felony offenses; creating s. 794.0116,

  4         F.S.; defining "repeat sexual felony offender";

  5         providing within the definition a category of

  6         enumerated felony offenses in violation of s.

  7         794.011, F.S., relating to sexual battery;

  8         requiring the court to sentence a defendant as

  9         a repeat sexual felony offender and impose a

10         20-year mandatory minimum term of imprisonment

11         under specified circumstances when the

12         defendant is to be sentenced for committing or

13         attempting to commit any of the enumerated

14         felony violations of s. 794.011, F.S., and the

15         defendant has previously been convicted of

16         committing or attempting to commit any one of

17         certain enumerated felony offenses involving

18         sexual battery; providing penalties; providing

19         procedures and criteria for court determination

20         if the defendant is a repeat sexual felony

21         offender; providing for sentencing as a repeat

22         sexual felony offender; providing for

23         construction; amending s. 800.04, F.S.;

24         specifying sexual activity by certain persons

25         with certain younger persons as sexual battery;

26         providing penalties; providing a mandatory

27         minimum sentencing period; providing an

28         effective date.

29

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

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






    Florida Senate - 2000                                  SB 2406
    33-1111-00                                              See HB




  1         Section 1.  Section 794.0116, Florida Statutes, is

  2  created to read:

  3         794.0116  Repeat sexual felony offenders; definition;

  4  procedure; enhanced penalties.--

  5         (1)  As used in this act, "repeat sexual felony

  6  offender" means a defendant for whom the court must impose a

  7  mandatory minimum term of imprisonment, as provided in

  8  subsection (3), if it finds that:

  9         (a)  The defendant has previously been convicted of a

10  felony or an attempt or conspiracy to commit a felony and one

11  or more of such convictions was for:

12         1.  Any felony offense in violation of s.

13  794.011(2)(b), (3), (4), or (5) or s. 800.04, or an attempt or

14  conspiracy to commit such felony offense.

15         2.  A qualified offense as defined in s. 775.084(1)(e),

16  if the elements of the qualified offense are substantially

17  similar to the elements of a felony offense in violation of s.

18  794.011(2)(b), (3), (4), or (5), or an attempt or conspiracy

19  to commit the felony offense.

20         (b)  The felony for which the defendant is to be

21  sentenced is one of the felonies enumerated in subparagraph

22  (a)1. or subparagraph (a)2. and was committed:

23         1.  While the defendant was serving a prison sentence

24  or other sentence imposed as a result of a prior conviction

25  for any offense enumerated in subparagraph (a)1. or

26  subparagraph (a)2.; or

27         2.  Within 20 years after the date of the conviction of

28  the last prior offense enumerated in subparagraph (a)1. or

29  subparagraph (a)2., or within 20 years after the defendant's

30  release from a prison sentence, probation, community control,

31  or other sentence imposed as a result of a prior conviction

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






    Florida Senate - 2000                                  SB 2406
    33-1111-00                                              See HB




  1  for any offense enumerated in subparagraph (a)1. or

  2  subparagraph (a)2., whichever is later.

  3         (c)  The defendant has not received a pardon on the

  4  ground of innocence for any crime that is necessary for the

  5  operation of this subsection.

  6         (d)  A conviction of a crime necessary to the operation

  7  of this subsection has not been set aside in any

  8  postconviction proceeding.

  9         (2)  In a separate proceeding, the court shall

10  determine if the defendant is a repeat sexual felony offender.

11  The procedure shall be as follows:

12         (a)  The court shall obtain and consider a presentence

13  investigation prior to the imposition of a sentence as a

14  repeat sexual felony offender.

15         (b)  Written notice shall be served on the defendant

16  and the defendant's attorney a sufficient time prior to the

17  entry of a plea or prior to the imposition of sentence in

18  order to allow the preparation of a submission on behalf of

19  the defendant.

20         (c)  Except as provided in paragraph (a), all evidence

21  presented shall be presented in open court with full rights of

22  confrontation, cross-examination, and representation by

23  counsel.

24         (d)  Each of the findings required as the basis for

25  such sentence shall be found to exist by a preponderance of

26  the evidence and shall be appealable to the extent normally

27  applicable to similar findings.

28         (e)  For the purpose of identification of a repeat

29  sexual felony offender, the court shall fingerprint the

30  defendant pursuant to s. 921.241.

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






    Florida Senate - 2000                                  SB 2406
    33-1111-00                                              See HB




  1         (f)  For an offense committed on or after the effective

  2  date of this act, if the court, in a separate proceeding

  3  pursuant to this subsection, determines that the defendant

  4  meets the criteria under subsection (1) for imposing such

  5  sanction, the court must sentence the defendant as a repeat

  6  sexual felony offender, subject to imprisonment pursuant to

  7  this section as provided in subsection (3).

  8         (3)(a)  The court, in conformity with the procedure

  9  established in subsection (2), must sentence the repeat sexual

10  felony offender to a mandatory minimum term of 20 years'

11  imprisonment.

12         (b)  Nothing in this subsection shall prevent a court

13  from imposing a greater sentence of incarceration as

14  authorized by law.

15         Section 2.  Subsection (4) of section 800.04, Florida

16  Statutes, is amended to read:

17         800.04  Lewd or lascivious offenses committed upon or

18  in the presence of persons less than 16 years of age.--

19         (4)(a)  LEWD OR LASCIVIOUS BATTERY.--A person who:

20         1.(a)  Engages in sexual activity with a person 12

21  years of age or older but less than 16 years of age; or

22         2.(b)  Encourages, forces, or entices any person less

23  than 16 years of age to engage in sadomasochistic abuse,

24  sexual bestiality, prostitution, or any other act involving

25  sexual activity

26

27  commits lewd or lascivious battery, a felony of the second

28  degree, punishable as provided in s. 775.082, s. 775.083, or

29  s. 775.084.

30         (b)  A person who is over 24 years of age and who

31  engages in sexual activity with a person 12 or 13 years of age

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






    Florida Senate - 2000                                  SB 2406
    33-1111-00                                              See HB




  1  commits sexual battery, a felony of the second degree,

  2  punishable as provided in s. 775.082, s. 775.083, s. 775.084,

  3  or s. 794.0115. Upon conviction of a violation of this

  4  paragraph, the court shall sentence the violator to a minimum

  5  mandatory sentence of 10 years.

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

  7

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  9                       LEGISLATIVE SUMMARY

10
      Defines the term "repeat sexual felony offender" and
11    provides within the definition a category of enumerated
      felony offenses relating to sexual battery. Requires a
12    court to sentence a defendant as a repeat sexual felony
      offender and impose a 20-year mandatory minimum term of
13    imprisonment when the defendant is to be sentenced for
      committing or attempting to commit any of the enumerated
14    felonies and the defendant has previously been convicted
      of committing or attempting to commit any one of
15    enumerated felony offenses involving sexual battery.
      Provides procedures and criteria for court determination
16    of the defendant as a repeat sexual felony offender and
      provides for sentencing as a repeat sexual felony
17    offender. Specifies sexual activity by a person 24 years
      of age or older with persons 12 or 13 years of age as
18    second degree felony sexual battery and provides a
      10-year mandatory minimum sentencing period.
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