Senate Bill sb1690

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    Florida Senate - 2001                                  SB 1690

    By Senator Burt





    16-1160-01

  1                      A bill to be entitled

  2         An act relating to repeat sexual batterers;

  3         amending s. 794.0115, F.S.; changing

  4         terminology to "repeat sexual offender";

  5         providing additional offenses the commission of

  6         which or the attempt, solicitation, or

  7         conspiracy to commit will qualify an offender

  8         for designation as a repeat sexual offender;

  9         increasing the minimum penalty; providing an

10         effective date.

11

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

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14         Section 1.  Section 794.0115, Florida Statutes, is

15  amended to read:

16         794.0115  Repeat sexual offenders batterers;

17  definition; procedure; enhanced penalties.--

18         (1)  As used in this act, "repeat sexual offender

19  batterer" means a defendant for whom the court must impose a

20  mandatory minimum term of imprisonment, as provided in

21  subsection (3), if it finds that:

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

23  felony or an attempt, solicitation, or conspiracy to commit in

24  this state or another jurisdiction any felony offense the

25  elements of which are similar to those proscribed in s.

26  787.025, chapter 794, s. 796.03, s. 800.04, s. 825.1025, s.

27  827.071, s. 847.0133, s. 847.0135, or s. 847.0145. a felony

28  and one or more of such convictions was for:

29         1.  Any felony offense in violation of s.

30  794.011(2)(b), (3), (4), or (5), or an attempt or conspiracy

31  to commit the felony offense.

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    Florida Senate - 2001                                  SB 1690
    16-1160-01




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

  2  if the elements of the qualified offense are substantially

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

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

  5  to commit the felony offense.

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

  7  sentenced is one of the felonies enumerated in paragraph (a)

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

  9         1.  While the defendant was serving a prison sentence

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

11  for any offense enumerated in paragraph (a) subparagraph (a)1.

12  or subparagraph (a)2.; or

13         2.  Within 10 years after the date of the conviction of

14  the last prior offense enumerated in paragraph (a)

15  subparagraph (a)1. or subparagraph (a)2., or within 10 years

16  after the defendant's release from a prison sentence,

17  probation, community control, or other sentence imposed as a

18  result of a prior conviction for any offense enumerated in

19  paragraph (a) subparagraph (a)1. or subparagraph (a)2.,

20  whichever is later.

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

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

23  operation of this subsection.

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

25  of this subsection has not been set aside in any

26  postconviction proceeding.

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

28  determine if the defendant is a repeat sexual offender

29  batterer. The procedure shall be as follows:

30

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    Florida Senate - 2001                                  SB 1690
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  1         (a)  The court shall obtain and consider a presentence

  2  investigation prior to the imposition of a sentence as a

  3  repeat sexual offender batterer.

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

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

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

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

  8  the defendant.

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

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

11  confrontation, cross-examination, and representation by

12  counsel.

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

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

15  the evidence and shall be appealable to the extent normally

16  applicable to similar findings.

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

18  sexual offender batterer, the court shall fingerprint the

19  defendant pursuant to s. 921.241.

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

21  date of this act, if the state attorney pursues a repeat

22  sexual offender batterer sanction against the defendant and

23  the court, in a separate proceeding pursuant to this

24  subsection, determines that the defendant meets the criteria

25  under subsection (1) for imposing such sanction, the court

26  must sentence the defendant as a repeat sexual offender

27  batterer, subject to imprisonment pursuant to this section as

28  provided in subsection (3).

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

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

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    Florida Senate - 2001                                  SB 1690
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  1  offender batterer to a mandatory minimum term of 25 10 years'

  2  imprisonment.

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

  4  from imposing a greater sentence of incarceration as

  5  authorized by law.

  6         Section 2.  This act shall take effect October 1, 2001.

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  9                          SENATE SUMMARY

10    Changes terminology from "repeat sexual batterer" to
      "repeat sexual offender." Provides additional offenses
11    the commission of which, or the attempt, solicitation, or
      conspiracy to commit, which will qualify a defendant as a
12    repeat sexual offender. Increases the mandatory minimum
      penalty from 10 years' imprisonment to 25 years'
13    imprisonment.

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