House Bill hb1563c1

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




    Florida House of Representatives - 2002             CS/HB 1563

        By the Council for Healthy Communities and Representatives
    Kravitz and Kosmas





  1                      A bill to be entitled

  2         An act relating to sentencing; amending s.

  3         775.082, F.S.; requiring that the court

  4         sentence a prison releasee reoffender under

  5         provisions requiring enhanced penalties rather

  6         than under the sentencing guidelines or

  7         Criminal Punishment Code if the defendant's

  8         sentence under the guidelines or Criminal

  9         Punishment Code would be less severe;

10         authorizing the court to impose a sentence

11         greater than that otherwise provided by law

12         using the scoresheet of the sentencing

13         guidelines or Criminal Punishment Code;

14         providing an effective date.

15

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

17

18         Section 1.  Subsection (9) of section 775.082, Florida

19  Statutes, is amended to read:

20         775.082  Penalties; applicability of sentencing

21  structures; mandatory minimum sentences for certain

22  reoffenders previously released from prison.--

23         (9)(a)1.  "Prison releasee reoffender" means any

24  defendant who commits, or attempts to commit:

25         a.  Treason;

26         b.  Murder;

27         c.  Manslaughter;

28         d.  Sexual battery;

29         e.  Carjacking;

30         f.  Home-invasion robbery;

31         g.  Robbery;

                                  1

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






    Florida House of Representatives - 2002             CS/HB 1563

    404-158-02






  1         h.  Arson;

  2         i.  Kidnapping;

  3         j.  Aggravated assault with a deadly weapon;

  4         k.  Aggravated battery;

  5         l.  Aggravated stalking;

  6         m.  Aircraft piracy;

  7         n.  Unlawful throwing, placing, or discharging of a

  8  destructive device or bomb;

  9         o.  Any felony that involves the use or threat of

10  physical force or violence against an individual;

11         p.  Armed burglary;

12         q.  Burglary of a dwelling or burglary of an occupied

13  structure; or

14         r.  Any felony violation of s. 790.07, s. 800.04, s.

15  827.03, or s. 827.071;

16

17  within 3 years after being released from a state correctional

18  facility operated by the Department of Corrections or a

19  private vendor or within 3 years after being released from a

20  correctional institution of another state, the District of

21  Columbia, the United States, any possession or territory of

22  the United States, or any foreign jurisdiction, following

23  incarceration for an offense for which the sentence is

24  punishable by more than 1 year in this state.

25         2.  "Prison releasee reoffender" also means any

26  defendant who commits or attempts to commit any offense listed

27  in sub-subparagraphs (a)1.a.-r. while the defendant was

28  serving a prison sentence or on escape status from a state

29  correctional facility operated by the Department of

30  Corrections or a private vendor or while the defendant was on

31  escape status from a correctional institution of another

                                  2

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






    Florida House of Representatives - 2002             CS/HB 1563

    404-158-02






  1  state, the District of Columbia, the United States, any

  2  possession or territory of the United States, or any foreign

  3  jurisdiction, following incarceration for an offense for which

  4  the sentence is punishable by more than 1 year in this state.

  5         3.  If the state attorney determines that a defendant

  6  is a prison releasee reoffender as defined in subparagraph 1.,

  7  the state attorney may seek to have the court sentence the

  8  defendant as a prison releasee reoffender. Upon proof from the

  9  state attorney that establishes by a preponderance of the

10  evidence that a defendant is a prison releasee reoffender as

11  defined in this section and if the defendant's sentence under

12  the sentencing guidelines or the Criminal Punishment Code is a

13  lesser sentence than the following applicable sentence, such

14  defendant is not eligible for sentencing under the sentencing

15  guidelines or the Criminal Punishment Code and must be

16  sentenced as follows:

17         a.  For a felony punishable by life, by a term of

18  imprisonment for life;

19         b.  For a felony of the first degree, by a term of

20  imprisonment of 30 years;

21         c.  For a felony of the second degree, by a term of

22  imprisonment of 15 years; and

23         d.  For a felony of the third degree, by a term of

24  imprisonment of 5 years.

25         (b)  A person sentenced under paragraph (a) shall be

26  released only by expiration of sentence and shall not be

27  eligible for parole, control release, or any form of early

28  release.  Any person sentenced under paragraph (a) must serve

29  100 percent of the court-imposed sentence.

30         (c)  Nothing in this subsection shall prevent a court

31  from imposing a greater sentence of incarceration as

                                  3

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






    Florida House of Representatives - 2002             CS/HB 1563

    404-158-02






  1  authorized by law, pursuant to s. 775.084, the Criminal

  2  Punishment Code, the sentencing guidelines, or any other

  3  provision of law.

  4         (d)1.  It is the intent of the Legislature that

  5  offenders previously released from prison who meet the

  6  criteria in paragraph (a) be punished to the fullest extent of

  7  the law and as provided in this subsection, unless the state

  8  attorney determines that extenuating circumstances exist which

  9  preclude the just prosecution of the offender, including

10  whether the victim recommends that the offender not be

11  sentenced as provided in this subsection.

12         2.  For every case in which the offender meets the

13  criteria in paragraph (a) and does not receive the mandatory

14  minimum prison sentence, the state attorney must explain the

15  sentencing deviation in writing and place such explanation in

16  the case file maintained by the state attorney. On a quarterly

17  basis, each state attorney shall submit copies of deviation

18  memoranda regarding offenses committed on or after the

19  effective date of this subsection, to the president of the

20  Florida Prosecuting Attorneys Association, Inc.  The

21  association must maintain such information, and make such

22  information available to the public upon request, for at least

23  a 10-year period.

24         Section 2.  This act shall take effect July 1, 2002.

25

26

27

28

29

30

31

                                  4

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