Senate Bill sb2172c2

    Florida Senate - 2003                    CS for CS for SB 2172

    By the Committees on Appropriations; Criminal Justice; and
    Senator Cowin




    309-2439-03

  1                      A bill to be entitled

  2         An act relating to sexual offenders; amending

  3         s. 794.0115, F.S.; providing a short title;

  4         defining a dangerous sexual felony offender;

  5         providing mandatory sentencing for such

  6         offenders; providing an effective date.

  7  

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

  9  

10         Section 1.  Section 794.0115, Florida Statutes, is

11  amended to read:

12         (Substantial rewording of section. See

13         s. 794.0115, F.S., for present text.)

14         794.0115  Dangerous sexual felony offender; mandatory

15  sentencing.--

16         (1)  This section may be cited as the "Dangerous Sexual

17  Felony Offender Act."

18         (2)  Any person who is convicted of a violation of s.

19  787.025; s. 794.011(2), (3), (4), (5), or (8); s. 800.04(4) or

20  (5); s. 827.071(2), (3), or (4); s. 825.1025(2) or (3); or s.

21  847.0145; or of any similar offense under a former

22  designation, which offense the person committed when he or she

23  was 18 years of age or older, and the person:

24         (a)  Caused serious personal injury to the victim as a

25  result of the commission of the offense;

26         (b)  Used or threatened to use a deadly weapon during

27  the commission of the offense;

28         (c)  Victimized more than one person during the course

29  of the criminal episode applicable to the offense;

30         (d)  Committed the offense while under the jurisdiction

31  of a court for a felony offense under the laws of this state,

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    Florida Senate - 2003                    CS for CS for SB 2172
    309-2439-03




 1  for an offense that is a felony in another jurisdiction, or

 2  for an offense that would be a felony if that offense were

 3  committed in this state; or

 4         (e)  Has previously been convicted of a violation of s.

 5  787.025; s. 794.011(2), (3), (4), (5), or (8); s. 800.04(4) or

 6  (5); s. 825.1025(2) or (3); s. 827.071(2), (3), or (4); s.

 7  847.0145; of any offense under a former statutory designation

 8  which is similar in elements to an offense described in this

 9  subparagraph; or of any offense that is a felony in another

10  jurisdiction, or would be a felony if that offense were

11  committed in this state, and which is similar in elements to

12  an offense described in this subparagraph,

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14  is a dangerous sexual felony offender, who must be sentenced

15  to a mandatory minimum term of 25 years imprisonment up to,

16  and including, life imprisonment.

17         (3)  "Serious personal injury" means great bodily harm

18  or pain, permanent disability, or permanent disfigurement.

19         (4)  The offense described in subsection (2) which is

20  being charged must have been committed after the date of

21  commission of the last prior conviction for an offense that is

22  a prior conviction described in paragraph (2)(e).

23         (5)  It is irrelevant that a factor listed in paragraph

24  (2) is an element of an offense described in that paragraph.

25  It is also irrelevant that such an offense was reclassified to

26  a higher felony degree under s. 794.023 or any other law.

27         (6)  Notwithstanding s. 775.082(3), chapter 958, any

28  other law, or any interpretation or construction thereof, a

29  person subject to sentencing under this section must be

30  sentenced to the mandatory term of imprisonment provided under

31  this section. If the mandatory minimum term of imprisonment

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    Florida Senate - 2003                    CS for CS for SB 2172
    309-2439-03




 1  imposed under this section exceeds the maximum sentence

 2  authorized under s. 775.082, s. 775.084, or chapter 921, the

 3  mandatory minimum term of imprisonment under this section must

 4  be imposed. If the mandatory minimum term of imprisonment

 5  under this section is less than the sentence that could be

 6  imposed under s. 775.082, s. 775.084, or chapter 921, the

 7  sentence imposed must include the mandatory minimum term of

 8  imprisonment under this section.

 9         (7)  A defendant sentenced to a mandatory minimum term

10  of imprisonment under this section is not eligible for

11  statutory gain-time under s. 944.275 or any form of

12  discretionary early release, other than pardon or executive

13  clemency, or conditional medical release under s. 947.149,

14  before serving the minimum sentence.

15         Section 2.  This act shall take effect July 1, 2003.

16  

17          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
18                          CS for SB 2172

19                                 

20  The Committee Substitute narrows a statutory cross reference
    to only include subsections (2) and (3) of section 825.1025,
21  Florida Statutes.

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