HB 0281 2003
1	A bill to be entitled
2	An act relating to the sentencing of minors; amending ss.
3	985.225, 985.233, F.S.; limiting the age at which a minor
4	convicted of an offense punishable by death or life
5	imprisonment may be sentenced as an adult; amending ss.
6	985.226, 985.227, F.S.; revising requirements for the
7	state attorney with respect to prosecuting a minor as an
8	adult for certain violent felonies and for an offense
9	punishable by death or life imprisonment; creating s.
10	985.2335, F.S.; requiring that the court commit a child of
11	a specified age or younger to the Department of Juvenile
12	Justice or to a maximum-risk juvenile facility following
13	the child's conviction of an offense that, if committed by
14	an adult, would be punishable by death or life
15	imprisonment; requiring the court to conduct a hearing
16	after the child has reached a specified age to determine
17	whether the child is rehabilitated; providing for the
18	child to be placed on conditional release or sentenced to
19	life imprisonment with eligibility for parole as an adult
20	offender; providing an effective date.
21
22	Be It Enacted by the Legislature of the State of Florida:
23
24	Section 1. Section 985.225, Florida Statutes, is amended
25	to read:
26	985.225 Indictment of achild 17 years of agejuvenile.--
27	(1) A childwho is 17 years of age at the time of the
28	offense andof any agewho is charged with a violation of state
29	law punishable by death or by life imprisonment is subject to
30	the jurisdiction of the court as set forth in s. 985.219(8)
31	unless and until an indictment on the charge is returned by the
32	grand jury. When such indictment is returned, the petition for
33	delinquency, if any, must be dismissed and the child must be
34	tried and handled in every respect as an adult:
35	(a) On the offense punishable by death or by life
36	imprisonment; and
37	(b) On all other felonies or misdemeanors charged in the
38	indictment which are based on the same act or transaction as the
39	offense punishable by death or by life imprisonment or on one or
40	more acts or transactions connected with the offense punishable
41	by death or by life imprisonment.
42	(2) An adjudicatory hearing may not be held until 21 days
43	after the child is taken into custody and charged with having
44	committed an offense punishable by death or by life
45	imprisonment, unless the state attorney advises the court in
46	writing that he or she does not intend to present the case to
47	the grand jury, or has presented the case to the grand jury and
48	the grand jury has not returned an indictment. If the court
49	receives such a notice from the state attorney, or if the grand
50	jury fails to act within the 21-day period, the court may
51	proceed as otherwise authorized under this part.
52	(3) If the child is found to have committed the offense
53	punishable by death or by life imprisonment, the child shall be
54	sentenced as an adult. If the juvenile is not found to have
55	committed the indictable offense but is found to have committed
56	a lesser included offense or any other offense for which he or
57	she was indicted as a part of the criminal episode, the court
58	may sentence pursuant to s. 985.233.
59	(4)(a) Once a child has been indicted pursuant to this
60	subsection and has been found to have committed any offense for
61	which he or she was indicted as a part of the criminal episode,
62	the child shall be handled thereafter in every respect as if an
63	adult for any subsequent violation of state law, unless the
64	court imposes juvenile sanctions under s. 985.233.
65	(b) When a child has been indicted pursuant to this
66	subsection the court shall immediately transfer and certify to
67	the adult circuit court all felony cases pertaining to the
68	child, for prosecution of the child as an adult, which have not
69	yet resulted in a plea of guilty or nolo contendere or in which
70	a finding of guilt has not been made. If the child is acquitted
71	of all charged offenses or lesser included offenses contained in
72	the indictment case, all felony cases that were transferred to
73	adult court pursuant to this paragraph shall be subject to the
74	same penalties such cases were subject to before being
75	transferred to adult court.
76	Section 2. Subsection (2) of section 985.226, Florida
77	Statutes, is amended to read:
78	985.226 Criteria for waiver of juvenile court
79	jurisdiction; hearing on motion to transfer for prosecution as
80	an adult.--
81	(2) INVOLUNTARY WAIVER.--
82	(a) Discretionary waiver.--Except as provided in paragraph
83	(b), the state attorney may file a motion requesting the court
84	to transfer the child for criminal prosecution if the child was
85	1714years of ageor olderat the time the alleged delinquent
86	act or violation of law was committed.
87	(b) Mandatory waiver.--
88	1. If the child was1714years of ageor older, and if
89	the child has been previously adjudicated delinquent for an act
90	classified as a felony, which adjudication was for the
91	commission of, attempt to commit, or conspiracy to commit
92	murder, sexual battery, armed or strong-armed robbery,
93	carjacking, home-invasion robbery, aggravated battery,
94	aggravated assault, or burglary with an assault or battery, and
95	the child is currently charged with a second or subsequent
96	violent crime against a person; or
97	2. If the child was1714years of ageor olderat the
98	time of commission of a fourth or subsequent alleged felony
99	offense and the child was previously adjudicated delinquent or
100	had adjudication withheld for or was found to have committed, or
101	to have attempted or conspired to commit, three offenses that
102	are felony offenses if committed by an adult, and one or more of
103	such felony offenses involved the use or possession of a firearm
104	or violence against a person;
105
106	the state attorney shall request the court to transfer and
107	certify the child for prosecution as an adult or shall provide
108	written reasons to the court for not making such request, or
109	proceed pursuant to s. 985.227(1). Upon the state attorney's
110	request, the court shall either enter an order transferring the
111	case and certifying the case for trial as if the child were an
112	adult or provide written reasons for not issuing such an order.
113	Section 3. Paragraph (a) of subsection (1) and paragraph
114	(c) of subsection (2) of section 985.227, Florida Statutes, are
115	amended to read:
116	985.227 Prosecution of juveniles as adults by the direct
117	filing of an information in the criminal division of the circuit
118	court; discretionary criteria; mandatory criteria.--
119	(1) DISCRETIONARY DIRECT FILE; CRITERIA.--
120	(a) With respect to any child who was1714 or 15years of
121	age at the time the alleged offense was committed, the state
122	attorney may file an information when in the state attorney's
123	judgment and discretion the public interest requires that adult
124	sanctions be considered or imposed and when the offense charged
125	is for the commission of, attempt to commit, or conspiracy to
126	commit:
127	1. Arson;
128	2. Sexual battery;
129	3. Robbery;
130	4. Kidnapping;
131	5. Aggravated child abuse;
132	6. Aggravated assault;
133	7. Aggravated stalking;
134	8. Murder;
135	9. Manslaughter;
136	10. Unlawful throwing, placing, or discharging of a
137	destructive device or bomb;
138	11. Armed burglary in violation of s. 810.02(2)(b) or
139	specified burglary of a dwelling or structure in violation of s.
140	810.02(2)(c), or burglary with an assault or battery in
141	violation of s. 810.02(2)(a);
142	12. Aggravated battery;
143	13. Any lewd or lascivious offense committed upon or in
144	the presence of a person less than 16 years of age;
145	14. Carrying, displaying, using, threatening, or
146	attempting to use a weapon or firearm during the commission of a
147	felony;
148	15. Grand theft in violation of s. 812.014(2)(a);
149	16. Possessing or discharging any weapon or firearm on
150	school property in violation of s. 790.115;
151	17. Home invasion robbery;
152	18. Carjacking; or
153	19. Grand theft of a motor vehicle in violation of s.
154	812.014(2)(c)6. or grand theft of a motor vehicle valued at
155	$20,000 or more in violation of s. 812.014(2)(b) if the child
156	has a previous adjudication for grand theft of a motor vehicle
157	in violation of s. 812.014(2)(c)6. or s. 812.014(2)(b).
158	(2) MANDATORY DIRECT FILE.--
159	(c) The state attorney must file an information if a child
160	who was 17 years, regardlessofthe child'sage at the time the
161	alleged offense was committed,is alleged to have committed an
162	act that would be a violation of law if the child were an adult,
163	that involves stealing a motor vehicle, including, but not
164	limited to, a violation of s. 812.133, relating to carjacking,
165	or s. 812.014(2)(c)6., relating to grand theft of a motor
166	vehicle, and while the child was in possession of the stolen
167	motor vehicle the child caused serious bodily injury to or the
168	death of a person who was not involved in the underlying
169	offense. For purposes of this section, the driver and all
170	willing passengers in the stolen motor vehicle at the time such
171	serious bodily injury or death is inflicted shall also be
172	subject to mandatory transfer to adult court. "Stolen motor
173	vehicle," for the purposes of this section, means a motor
174	vehicle that has been the subject of any criminal wrongful
175	taking. For purposes of this section, "willing passengers" means
176	all willing passengers who have participated in the underlying
177	offense.
178	Section 4. Paragraph (a) of subsection (4) of section
179	985.233, Florida Statutes, is amended to read:
180	985.233 Sentencing powers; procedures; alternatives for
181	juveniles prosecuted as adults.--
182	(4) SENTENCING ALTERNATIVES.--
183	(a) Sentencing to adult sanctions.--
184	1. Cases prosecuted on indictment.--If the childwas at
185	least 17 years of age at the time of the offense andis found to
186	have committed the offense punishable by death or life
187	imprisonment, the child shall be sentenced as an adult. If the
188	juvenile is not found to have committed the indictable offense
189	but is found to have committed a lesser included offense or any
190	other offense for which he or she was indicted as a part of the
191	criminal episode, the court may sentence as follows:
192	a. As an adult;
193	b. Pursuant to chapter 958; or
194	c. As a juvenile pursuant to this section.
195	2. Other cases.--If a child who has been transferred for
196	criminal prosecution pursuant to information or waiver of
197	juvenile court jurisdiction is found to have committed a
198	violation of state law or a lesser included offense for which he
199	or she was charged as a part of the criminal episode, the court
200	may sentence as follows:
201	a. As an adult;
202	b. Pursuant to chapter 958; or
203	c. As a juvenile pursuant to this section.
204	3. Notwithstanding any other provision to the contrary, if
205	the state attorney is required to file a motion to transfer and
206	certify the juvenile for prosecution as an adult pursuant to s.
207	985.226(2)(b) and that motion is granted, or if the state
208	attorney is required to file an information pursuant to s.
209	985.227(2)(a) or (b), the court must impose adult sanctions.
210	4. Any sentence imposing adult sanctions is presumed
211	appropriate, and the court is not required to set forth specific
212	findings or enumerate the criteria in this subsection as any
213	basis for its decision to impose adult sanctions.
214	5. When a child has been transferred for criminal
215	prosecution as an adult and has been found to have committed a
216	violation of state law, the disposition of the case may include
217	the enforcement of any restitution ordered in any juvenile
218	proceeding.
219
220	It is the intent of the Legislature that the criteria and
221	guidelines in this subsection are mandatory and that a
222	determination of disposition under this subsection is subject to
223	the right of the child to appellate review under s. 985.234.
224	Section 5. Section 985.2335, Florida Statutes, is created
225	to read:
226	985.2335 Sentencing of a child 16 years of age or younger
227	who is convicted of an offense punishable by death or life
228	imprisonment.--
229	(1) Notwithstanding any other law, if a child who is 16
230	years of age or younger at the time the offense was committed is
231	sentenced for an offense that, if committed by an adult, would
232	be punishable by death or life imprisonment, the court shall
233	sentence the child for the offense and for all other felonies or
234	misdemeanors based on the same act or transaction, or based on
235	one or more acts or transactions connected with the offense
236	punishable by death or by life imprisonment, as follows:
237	(a) The child shall be committed to the department for
238	evaluation and treatment in an intensive residential treatment
239	program until the child reaches 21 years of age. The intensive
240	residential treatment program must be a program designed to
241	promote rehabilitation, prevent recidivism, and provide for the
242	child's successful return to society; or
243	(b) The child shall be committed to a maximum-risk
244	residential juvenile correctional facility until the child
245	reaches 21 years of age, and the child may not be placed on
246	temporary or conditional release.
247	(2) Within a reasonable time after reaching 21 years of
248	age, the department shall return the child to the sentencing
249	court for a hearing. If the court finds that the child is
250	sufficiently rehabilitated so that the public's safety is
251	reasonably assured, the child shall be placed on conditional
252	release for a term of at least 10 years. If the court finds that
253	the child is not sufficiently rehabilitated so that the public's
254	safety is reasonably assured, the child shall be sentenced to
255	life imprisonment with eligibility for parole under the same
256	conditions applicable to an adult offender.
257	Section 6. This act shall take effect July 1, 2003.
258