House Bill hb1485e1

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                                          HB 1485, First Engrossed



  1                      A bill to be entitled

  2         An act relating to sexual offenders; amending

  3         s. 947.1405, F.S.; prohibiting sexual offenders

  4         subject to conditional release supervision from

  5         living within a specified distance of certain

  6         places where children congregate; creating a

  7         new section to chapter 794; prohibiting persons

  8         convicted of certain sex crimes from residing

  9         within 1,000 feet of a school, day care center,

10         park, or playground; creating a new section to

11         chapter 794; prohibiting persons convicted of

12         certain sex crimes from residing within 1,000

13         feet of a school, day care center, park, or

14         playground; providing an effective date.

15

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

17

18         Section 1.  Paragraph (a) of subsection (7) of section

19  947.1405, Florida Statutes, is amended to read:

20         947.1405  Conditional release program.--

21         (7)(a)  Any inmate who is convicted of a crime

22  committed on or after October 1, 1995, or who has been

23  previously convicted of a crime committed on or after October

24  1, 1995, in violation of chapter 794, s. 800.04, s. 827.071,

25  or s. 847.0145, and is subject to conditional release

26  supervision, shall have, in addition to any other conditions

27  imposed, the following special conditions imposed by the

28  commission:

29         1.  A mandatory curfew from 10 p.m. to 6 a.m. The court

30  may designate another 8-hour period if the offender's

31  employment precludes the above specified time, and such


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                                          HB 1485, First Engrossed



  1  alternative is recommended by the Department of Corrections.

  2  If the court determines that imposing a curfew would endanger

  3  the victim, the court may consider alternative sanctions.

  4         2.  If the victim was under the age of 18, a

  5  prohibition on living within 1,000 feet of a school, day care

  6  center, park, playground, school bus stop, or other place

  7  where children regularly congregate.

  8         3.  Active participation in and successful completion

  9  of a sex offender treatment program with therapists

10  specifically trained to treat sex offenders, at the releasee's

11  own expense. If a specially trained therapist is not available

12  within a 50-mile radius of the releasee's residence, the

13  offender shall participate in other appropriate therapy.

14         4.  A prohibition on any contact with the victim,

15  directly or indirectly, including through a third person,

16  unless approved by the victim, the offender's therapist, and

17  the sentencing court.

18         5.  If the victim was under the age of 18, a

19  prohibition, until successful completion of a sex offender

20  treatment program, on unsupervised contact with a child under

21  the age of 18, unless authorized by the commission without

22  another adult present who is responsible for the child's

23  welfare, has been advised of the crime, and is approved by the

24  commission.

25         6.  If the victim was under age 18, a prohibition on

26  working for pay or as a volunteer at any school, day care

27  center, park, playground, or other place where children

28  regularly congregate, as prescribed by the commission.

29         7.  Unless otherwise indicated in the treatment plan

30  provided by the sexual offender treatment program, a

31  prohibition on viewing, owning, or possessing any obscene,


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                                          HB 1485, First Engrossed



  1  pornographic, or sexually stimulating visual or auditory

  2  material, including telephone, electronic media, computer

  3  programs, or computer services that are relevant to the

  4  offender's deviant behavior pattern.

  5         8.  A requirement that the releasee must submit two

  6  specimens of blood to the Florida Department of Law

  7  Enforcement to be registered with the DNA database.

  8         9.  A requirement that the releasee make restitution to

  9  the victim, as determined by the sentencing court or the

10  commission, for all necessary medical and related professional

11  services relating to physical, psychiatric, and psychological

12  care.

13         10.  Submission to a warrantless search by the

14  community control or probation officer of the probationer's or

15  community controllee's person, residence, or vehicle.

16         Section 2.  A new section is added to chapter 794,

17  Florida Statutes to read:

18         794.xxx  Unlawful place of residence for persons

19  convicted of certain sex offenses.--

20         (1)  It is unlawful for any person who has been

21  convicted of a violation of s. 794.011, s. 794.05, s. 800.04,

22  s. 827.071, or s. 847.0145, regardless of whether adjudication

23  has been withheld, in which the victim of the offense was less

24  than 16 years of age, to reside within 1,000 feet of any

25  school, day care center, park, or playground.  Any person

26  violating this section whose conviction for s. 794.011, s.

27  794.05, s.800.04, s. 827.071, or s. 847.0145, was classified

28  as a felony of the first degree or higher, commits a felony of

29  the third degree, punishable as provided in s. 775.082 and

30  775.083.  Any person violating this section whose conviction

31  for s. 794.011, s. 794.05, s. 800.04, s. 827.071, or s.


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                                          HB 1485, First Engrossed



  1  847.0145, was classified as a felony of the second or third

  2  degree commits a misdemeanor of the first degree punishable as

  3  provided in s. 775.082 and 775.083.

  4         (2)  This section shall apply to any person convicted

  5  of a violation of s. 794.011, s. 794.05, s. 800.04, s.

  6  827.071, or s. 847.0145 for offenses which occur on or after

  7  the October 1, 2001.

  8         Section 3.  A new section is added to chapter 794,

  9  Florida Statutes to read:

10         794.xxx  Unlawful place of residence for persons

11  convicted of certain sex offenses.--

12         (1)  It is unlawful for any person who has been

13  convicted of a violation of s. 794.011, s. 794.05, s. 800.04,

14  s. 827.071, or s. 847.0145, regardless of whether adjudication

15  has been withheld, in which the victim of the offense was less

16  than 16 years of age, to reside within 1,000 feet of any

17  school, day care center, park, or playground.  Any person

18  violating this section whose conviction for s. 794.011, s.

19  794.05, s.800.04, s. 827.071, or s. 847.0145, was classified

20  as a felony of the first degree or higher, commits a felony of

21  the third degree, punishable as provided in s. 775.082 and

22  775.083.  Any person violating this section whose conviction

23  for s. 794.011, s. 794.05, s. 800.04, s. 827.071, or s.

24  847.0145, was classified as a felony of the second or third

25  degree commits a misdemeanor of the first degree punishable as

26  provided in s. 775.082 and 775.083.

27         (2)  This section shall apply retroactively to any

28  person convicted of a violation of s. 794.011, s. 794.05, s.

29  800.04, s. 827.071, or s. 847.0145 regardless of when the

30  offense occurred.

31         Section 4.  This act shall take effect July 1, 2001.


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