HB 0197, Engrossed 1 2003
1	A bill to be entitled
2	An act relating to plea agreements; amending s. 921.143,
3	F.S.; providing a popular name; prohibiting, in any case
4	in which a law enforcement officer is a victim of the
5	crime before the court, the entering of a plea agreement
6	purporting to bind present or future action, judgment, or
7	speech of a law enforcement officer or law enforcement
8	agency at any court, sentencing, or parole hearing or with
9	regard to any investigation without reasonable prior
10	notice to the affected officer or duly authorized
11	representative of the affected law enforcement agency;
12	defining the term "law enforcement officer" for such
13	purposes; providing an effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1. Section 921.143, Florida Statutes, is amended
18	to read:
19	921.143 Appearance of victim, law enforcement officer,or
20	next of kin to make statement at sentencing hearing; submission
21	of written statement.--
22	(1) At the sentencing hearing, and prior to the imposition
23	of sentence upon any defendant who has been convicted of any
24	felony or who has pleaded guilty or nolo contendere to any
25	crime, including a criminal violation of a provision of chapter
26	316, the sentencing court shall permit the victim of the crime
27	for which the defendant is being sentenced, the victim's parent
28	or guardian if the victim is a minor, the lawful representative
29	of the victim or of the victim's parent or guardian if the
30	victim is a minor, or the next of kin of the victim if the
31	victim has died from causes related to the crime, to:
32	(a) Appear before the sentencing court for the purpose of
33	making a statement under oath for the record; and
34	(b) Submit a written statement under oath to the office of
35	the state attorney, which statement shall be filed with the
36	sentencing court.
37	(2) The state attorney or any assistant state attorney
38	shall advise all victims or, when appropriate, the victim's
39	parent, guardian, next of kin, or lawful representative that
40	statements, whether oral or written, shall relate to the facts
41	of the case and the extent of any harm, including social,
42	psychological, or physical harm, financial losses, loss of
43	earnings directly or indirectly resulting from the crime for
44	which the defendant is being sentenced, and any matter relevant
45	to an appropriate disposition and sentence.
46	(3)(a) This subsection shall be known by the popular name
47	the "Officer Cheryl Seiden Act."
48	(b) In any case in which a law enforcement officer is a
49	victim of the crime before the court, no plea agreement
50	purporting to bind the present or future action, judgment, or
51	speech of a law enforcement officer or law enforcement agency at
52	any court hearing, sentencing hearing, or parole hearing or with
53	regard to any investigation shall be proffered to the court
54	without reasonable notice having first been afforded to the
55	affected officer or duly authorized representative of the
56	affected law enforcement agency. For the purposes of this
57	subsection, the term "law enforcement officer" has the same
58	meaning as provided in s. 943.10. The Legislature hereby finds
59	that such notice is essential to ensuring that the trial court
60	is fully apprised of all the facts in order to exercise
61	appropriate discretion in accepting such plea. Failure to
62	provide such notice as required by this subsection is not
63	grounds to withdraw a plea.
64	(4)(3)The court may refuse to accept a negotiated plea
65	and order the defendant to stand trial.
66	Section 2. This act shall take effect July 1, 2003.