House Bill 0677er

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    ENROLLED

    2000 Legislature                       HB 677, First Engrossed



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  2         An act relating to sentencing; providing a

  3         short title; creating the "Sexual Predator

  4         Prosecution Act of 2000"; amending s. 921.16,

  5         F.S.; requiring any sentence for sexual battery

  6         or murder to be imposed consecutively to any

  7         other sentence for sexual battery or murder

  8         which arose out of a separate criminal episode;

  9         amending s. 921.161, F.S.; authorizing the

10         custodian of the local jail to provide certain

11         written certification to the Department of

12         Corrections when delivering a prisoner into the

13         custody of the department; providing an

14         effective date.

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

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18         Section 1.  Short title.--This act may be cited as the

19  "Sexual Predator Prosecution Act of 2000."

20         Section 2.  Subsection (1) of section 921.16, Florida

21  Statutes, is amended to read:

22         921.16  When sentences to be concurrent and when

23  consecutive.--

24         (1)  A defendant convicted of two or more offenses

25  charged in the same indictment, information, or affidavit or

26  in consolidated indictments, informations, or affidavits shall

27  serve the sentences of imprisonment concurrently unless the

28  court directs that two or more of the sentences be served

29  consecutively.  Sentences of imprisonment for offenses not

30  charged in the same indictment, information, or affidavit

31  shall be served consecutively unless the court directs that


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




    ENROLLED

    2000 Legislature                       HB 677, First Engrossed



  1  two or more of the sentences be served concurrently.  Any

  2  sentence for sexual battery as defined in chapter 794 or

  3  murder as defined in s.782.04 must be imposed consecutively to

  4  any other sentence for sexual battery or murder which arose

  5  out of a separate criminal episode or transaction.

  6         Section 3.  Section 921.161, Florida Statutes, is

  7  amended to read:

  8         921.161  Sentence not to run until imposed; credit for

  9  county jail time after sentence; certificate of custodian of

10  jail sheriff.--

11         (1)  A sentence of imprisonment shall not begin to run

12  before the date it is imposed, but the court imposing a

13  sentence shall allow a defendant credit for all of the time

14  she or he spent in the county jail before sentence. The credit

15  must be for a specified period of time and shall be provided

16  for in the sentence.

17         (2)  In addition to other credits, a person sentenced

18  to imprisonment in custody of the Department of Corrections

19  shall receive credit on her or his sentence for all time spent

20  between sentencing and being placed in custody of the

21  department. When delivering a prisoner to the department, the

22  custodian of the local jail sheriff shall certify to it in

23  writing:

24         (a)  The date the sentence was imposed and the date the

25  prisoner was delivered to the department.

26         (b)  The dates of any periods after sentence the

27  prisoner was at liberty on bond.

28         (c)  The dates and reasons for any other times the

29  prisoner was at liberty after sentence.

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




    ENROLLED

    2000 Legislature                       HB 677, First Engrossed



  1         (d)  The offender-based transaction system number or

  2  numbers from the uniform arrest report or reports established

  3  pursuant to s. 943.05(2).

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  5  The certificate shall be prima facie evidence of the facts

  6  certified.

  7         Section 4.  This act shall take effect October 1, 2000.

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