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| 1 | A bill to be entitled | ||
| 2 | An act relating to plea agreements; creating s. 921.1435, | ||
| 3 | F.S.; creating the “Officer Cheryl Seiden Act”; providing | ||
| 4 | notification with respect to plea agreements; providing a | ||
| 5 | definition; providing for application; providing an | ||
| 6 | effective date. | ||
| 7 | |||
| 8 | Be It Enacted by the Legislature of the State of Florida: | ||
| 9 | |||
| 10 | Section 1. Section 921.1435, Florida Statutes, is created | ||
| 11 | to read: | ||
| 12 | 921.1435 Popular name; plea agreements; application.-- | ||
| 13 | (1) This section shall be known by the popular name the | ||
| 14 | “Officer Cheryl Seiden Act.” | ||
| 15 | (2) No plea agreement purporting to bind the present or | ||
| 16 | future action, judgment, or speech of a law enforcement officer | ||
| 17 | or law enforcement agency at any court hearing, sentencing | ||
| 18 | hearing, or parole hearing, or with regard to any investigation | ||
| 19 | shall be proffered to the court without reasonable notice having | ||
| 20 | first been afforded to the affected officer or duly authorized | ||
| 21 | representative of the affected law enforcement agency. For the | ||
| 22 | purposes of this section, the term “law enforcement officer” has | ||
| 23 | the same meaning as provided in s. 943.10. The legislature | ||
| 24 | hereby finds that such notice is essential to ensuring the trial | ||
| 25 | court is fully apprised of all the facts in order to exercise | ||
| 26 | appropriate discretion in accepting such plea. Failure to | ||
| 27 | provide such notice as required by this section is not grounds | ||
| 28 | to withdraw a plea. | ||
| 29 | (3) This section is not intended to impair any right | ||
| 30 | afforded pursuant to chapter 960 or pursuant to s. 16(b), Art. I | ||
| 31 | of the State Constitution. | ||
| 32 | Section 2. This act shall take effect July 1, 2003. | ||
| 33 | |||