Senate Bill sb1648er
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2 An act relating to the collecting of blood and
3 biological specimens by the Department of Law
4 Enforcement; amending s. 948.03, F.S.;
5 requiring that each sex offender placed on
6 probation or community control submit an
7 approved biological specimen to be registered
8 with the DNA data bank; amending s. 943.325,
9 F.S.; requiring that, in addition to a blood
10 specimen, an approved biological specimen be
11 collected from a person convicted of specified
12 offenses who is incarcerated or in the custody
13 of the Department of Juvenile Justice;
14 providing for collection of specimens;
15 requiring that the sheriff secure, process, and
16 transfer to the Department of Law Enforcement
17 the blood and biological specimens collected
18 from persons who are not incarcerated;
19 providing an effective date.
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21 Be It Enacted by the Legislature of the State of Florida:
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23 Section 1. Paragraph (a) of subsection (5) of section
24 948.03, Florida Statutes, is amended to read:
25 948.03 Terms and conditions of probation or community
26 control.--
27 (5) Conditions imposed pursuant to this subsection, as
28 specified in paragraphs (a) and (b), do not require oral
29 pronouncement at the time of sentencing and shall be
30 considered standard conditions of probation or community
31 control for offenders specified in this subsection.
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1 (a) Effective for probationers or community
2 controllees whose crime was committed on or after October 1,
3 1995, and who are placed under supervision for violation of
4 chapter 794, s. 800.04, s. 827.071, or s. 847.0145, the court
5 must impose the following conditions in addition to all other
6 standard and special conditions imposed:
7 1. A mandatory curfew from 10 p.m. to 6 a.m. The court
8 may designate another 8-hour period if the offender's
9 employment precludes the above specified time, and such
10 alternative is recommended by the Department of Corrections.
11 If the court determines that imposing a curfew would endanger
12 the victim, the court may consider alternative sanctions.
13 2. If the victim was under the age of 18, a
14 prohibition on living within 1,000 feet of a school, day care
15 center, park, playground, or other place where children
16 regularly congregate, as prescribed by the court.
17 3. Active participation in and successful completion
18 of a sex offender treatment program with therapists
19 specifically trained to treat sex offenders, at the
20 probationer's or community controllee's own expense. If a
21 specially trained therapist is not available within a 50-mile
22 radius of the probationer's or community controllee's
23 residence, the offender shall participate in other appropriate
24 therapy.
25 4. A prohibition on any contact with the victim,
26 directly or indirectly, including through a third person,
27 unless approved by the victim, the offender's therapist, and
28 the sentencing court.
29 5. If the victim was under the age of 18, a
30 prohibition, until successful completion of a sex offender
31 treatment program, on unsupervised contact with a child under
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1 the age of 18, unless authorized by the sentencing court
2 without another adult present who is responsible for the
3 child's welfare, has been advised of the crime, and is
4 approved by the sentencing court.
5 6. If the victim was under age 18, a prohibition on
6 working for pay or as a volunteer at any school, day care
7 center, park, playground, or other place where children
8 regularly congregate.
9 7. Unless otherwise indicated in the treatment plan
10 provided by the sexual offender treatment program, a
11 prohibition on viewing, owning, or possessing any obscene,
12 pornographic, or sexually stimulating visual or auditory
13 material, including telephone, electronic media, computer
14 programs, or computer services that are relevant to the
15 offender's deviant behavior pattern.
16 8. A requirement that the probationer or community
17 controllee must submit two specimens of blood or other
18 approved biological specimens to the Florida Department of Law
19 Enforcement to be registered with the DNA data bank.
20 9. A requirement that the probationer or community
21 controllee make restitution to the victim, as ordered by the
22 court under s. 775.089, for all necessary medical and related
23 professional services relating to physical, psychiatric, and
24 psychological care.
25 10. Submission to a warrantless search by the
26 community control or probation officer of the probationer's or
27 community controllee's person, residence, or vehicle.
28 Section 2. Subsections (1) and (3) of section 943.325,
29 Florida Statutes, are amended to read:
30 943.325 Blood or other biological specimen testing for
31 DNA analysis.--
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1 (1)(a) Any person who is convicted or was previously
2 convicted in this state for any offense or attempted offense
3 enumerated in paragraph (b), and any person who is transferred
4 to this state under Article VII of the Interstate Compact on
5 Juveniles, part V of chapter 985, who has committed or
6 attempted to commit an offense similarly defined by the
7 transferring state, who is either:
8 1. Still incarcerated, or
9 2. No longer incarcerated, or has never been
10 incarcerated, yet is within the confines of the legal state
11 boundaries and is on probation, community control, parole,
12 conditional release, control release, or any other type of
13 court-ordered supervision,
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15 shall be required to submit two specimens of blood or other
16 biological specimens approved by the Department of Law
17 Enforcement to a Department of Law Enforcement designated
18 testing facility as directed by the department.
19 (b)1. Chapter 794, chapter 800, s. 782.04, s. 784.045,
20 s. 810.02, s. 812.133, or s. 812.135.
21 2. Effective July 1, 2002, and contingent upon
22 specific appropriation, s. 812.13 or s. 812.131.
23 3. Effective July 1, 2003, and contingent upon
24 specific appropriation, chapter 787 or s. 782.07.
25 4. Effective July 1, 2004, and contingent upon
26 specific appropriation, any forcible felony, as described in
27 s. 776.08, aggravated child abuse, as described in s.
28 827.03(2), aggravated abuse of an elderly person or a disabled
29 adult, as described in s. 825.102(2), or any felony violation
30 of chapter 790 involving the use or possession of a firearm.
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1 5. Effective July 1, 2005, and contingent upon
2 specific appropriation, any felony offense.
3 (c) As used in this section, the term "any person"
4 includes both juveniles and adults committed to a county jail
5 or committed to or under the supervision of the Department of
6 Corrections or the Department of Juvenile Justice, including
7 persons incarcerated in a private correctional institution
8 operated under contract pursuant to s. 944.105 or s. 957.03.
9 (d) Effective July 1, 2001, Any person who was
10 previously convicted in this state for any offense or
11 attempted offense enumerated in subparagraph (b)1.,
12 subparagraph (b)2., or subparagraph (b)3. and who is still
13 incarcerated or in the custody of the Department of Juvenile
14 Justice must submit, not less than 45 days before his or her
15 presumptive date of release from such incarceration or
16 commitment, two specimens of blood or other approved
17 biological specimens as directed by the Department of Law
18 Enforcement to a testing facility designated by the
19 department.
20 (3) Upon a conviction of any person for any offense
21 under paragraph (1)(a) which results in the commitment of the
22 offender to a county jail, correctional facility, or juvenile
23 facility, the entity responsible for the facility shall assure
24 that the blood specimens or other biological specimens
25 required by this section and approved by the Department of Law
26 Enforcement are promptly secured and transmitted to the
27 Department of Law Enforcement. Personnel at the jail,
28 correctional facility, or juvenile facility shall collect the
29 specimens as part of the regular processing of offenders
30 committed to the jail or facility. If the person is not
31 incarcerated following such conviction, the person may not be
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1 released from the custody of the court at the time of
2 sentencing or released pursuant to a bond or surety until the
3 blood specimens or other approved biological specimens
4 required by this section have been taken by the sheriff or his
5 or her designee. The sheriff shall secure, process, and
6 transmit the specimens to the Department of Law Enforcement in
7 a timely manner. The chief judge of each circuit shall, in
8 conjunction with the sheriff or other entity that maintains
9 the county jail, assure implementation of a method to promptly
10 collect required blood specimens or other approved biological
11 specimens and forward the specimens to the Department of Law
12 Enforcement. The Department of Law Enforcement, in conjunction
13 with the sheriff, the courts, the Department of Corrections,
14 and the Department of Juvenile Justice, shall develop a
15 statewide protocol for securing the blood specimens or other
16 approved biological specimens of any person required to
17 provide specimens under this section. Personnel at the jail,
18 correctional facility, or juvenile facility shall implement
19 the protocol as part of the regular processing of offenders.
20 Section 3. This act shall take effect July 1, 2003.
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