HB 0197 2003
1	CHAMBER ACTION
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6	The Committee on Public Safety & Crime Prevention recommends the
7	following:
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9	Committee Substitute
10	Remove the entire bill and insert:
11	A bill to be entitled
12	An act relating to plea agreements; amending s. 921.143,
13	F.S.; providing a popular name; prohibiting, in any case
14	in which a law enforcement officer is a victim of the
15	crime before the court, the entering of a plea agreement
16	purporting to bind present or future action, judgment, or
17	speech of a law enforcement officer or law enforcement
18	agency at any court, sentencing, or parole hearing or with
19	regard to any investigation without reasonable prior
20	notice to the affected officer or duly authorized
21	representative of the affected law enforcement agency;
22	defining the term "law enforcement officer" for such
23	purposes; providing an effective date.
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25	Be It Enacted by the Legislature of the State of Florida:
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27	Section 1. Section 921.143, Florida Statutes, is amended
28	to read:
29	921.143 Appearance of victim, law enforcement officer,or
30	next of kin to make statement at sentencing hearing; submission
31	of written statement.--
32	(1) At the sentencing hearing, and prior to the imposition
33	of sentence upon any defendant who has been convicted of any
34	felony or who has pleaded guilty or nolo contendere to any
35	crime, including a criminal violation of a provision of chapter
36	316, the sentencing court shall permit the victim of the crime
37	for which the defendant is being sentenced, the victim's parent
38	or guardian if the victim is a minor, the lawful representative
39	of the victim or of the victim's parent or guardian if the
40	victim is a minor, or the next of kin of the victim if the
41	victim has died from causes related to the crime, to:
42	(a) Appear before the sentencing court for the purpose of
43	making a statement under oath for the record; and
44	(b) Submit a written statement under oath to the office of
45	the state attorney, which statement shall be filed with the
46	sentencing court.
47	(2) The state attorney or any assistant state attorney
48	shall advise all victims or, when appropriate, the victim's
49	parent, guardian, next of kin, or lawful representative that
50	statements, whether oral or written, shall relate to the facts
51	of the case and the extent of any harm, including social,
52	psychological, or physical harm, financial losses, loss of
53	earnings directly or indirectly resulting from the crime for
54	which the defendant is being sentenced, and any matter relevant
55	to an appropriate disposition and sentence.
56	(3)(a) This subsection shall be known by the popular name
57	the "Officer Cheryl Seiden Act."
58	(b) In any case in which a law enforcement officer is a
59	victim of the crime before the court, no plea agreement
60	purporting to bind the present or future action, judgment, or
61	speech of a law enforcement officer or law enforcement agency at
62	any court hearing, sentencing hearing, or parole hearing or with
63	regard to any investigation shall be proffered to the court
64	without reasonable notice having first been afforded to the
65	affected officer or duly authorized representative of the
66	affected law enforcement agency. For the purposes of this
67	subsection, the term "law enforcement officer" has the same
68	meaning as provided in s. 943.10. The Legislature hereby finds
69	that such notice is essential to ensuring that the trial court
70	is fully apprised of all the facts in order to exercise
71	appropriate discretion in accepting such plea. Failure to
72	provide such notice as required by this subsection is not
73	grounds to withdraw a plea.
74	(4)(3)The court may refuse to accept a negotiated plea
75	and order the defendant to stand trial.
76	Section 2. This act shall take effect July 1, 2003.