HB 0063 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 crimes against minors; amending ss.
13	787.01 and 787.02, F.S.; revising the elements of the
14	crimes of kidnapping a minor child and false imprisonment
15	of a minor child; amending s. 787.025, F.S.; revising the
16	elements of the crime of luring or enticing a minor child
17	for an unlawful purpose; increasing the penalty imposed
18	for the offense of luring or enticing a minor child for an
19	unlawful purpose; reenacting ss. 435.03(2)(j) and (k),
20	435.04(2)(k) and (l), 775.21(4), 903.133, and 910.14,
21	F.S., relating to screening standards, the Florida Sexual
22	Predators Act, bail on appeal, and kidnapping, to
23	incorporate the amendments to ss. 787.01, 787.02, and
24	787.025, F.S., in references thereto; reenacting and
25	amending s. 921.0022(3)(i) and (j), F.S., relating to the
26	offense severity ranking chart of the Criminal Punishment
27	Code, to incorporate the amendments to ss. 787.01 and
28	787.02, F.S., in references thereto; conforming provisions
29	to changes made by the act; reenacting ss. 943.0435(1)(a),
30	943.0585, 943.059, 944.606(1)(b), 944.607(1)(a),
31	948.01(15), and 948.06(2)(a), F.S., relating to the
32	registration of sexual offenders, expunction and court-
33	ordered sealing of criminal history records, the
34	definition of the term "sexual offender," and probation
35	and community control, to incorporate the amendments to
36	ss. 787.01, 787.02, and 787.025, F.S., in references
37	thereto; providing an effective date.
38
39	Be It Enacted by the Legislature of the State of Florida:
40
41	Section 1. Section 787.01, Florida Statutes, is amended to
42	read:
43	787.01 Kidnapping; kidnapping of child under age 1613,
44	aggravating circumstances.--
45	(1)(a) The term "kidnapping" means forcibly, secretly, or
46	by threat confining, abducting, or imprisoning another person
47	against her or his will and without lawful authority, with
48	intent to:
49	1. Hold for ransom or reward or as a shield or hostage.
50	2. Commit or facilitate commission of any felony.
51	3. Inflict bodily harm upon or to terrorize the victim or
52	another person.
53	4. Interfere with the performance of any governmental or
54	political function.
55	(b) Confinement of a child under the age of 1613is
56	against her or his will within the meaning of this subsection if
57	such confinement is without the consent of her or his parent or
58	legal guardian.
59	(2) A person who kidnaps a person is guilty of a felony of
60	the first degree, punishable by imprisonment for a term of years
61	not exceeding life or as provided in s. 775.082, s. 775.083, or
62	s. 775.084.
63	(3)(a) A person who commits the offense of kidnapping upon
64	a child under the age of 1613and who, in the course of
65	committing the offense, commits one or more of the following:
66	1. Aggravated child abuse, as defined in s. 827.03;
67	2. Sexual battery, as defined in chapter 794, against the
68	child;
69	3. Lewd or lascivious battery, lewd or lascivious
70	molestation, lewd or lascivious conduct, or lewd or lascivious
71	exhibition, in violation of s. 800.04;
72	4. A violation of s. 796.03 or s. 796.04, relating to
73	prostitution, upon the child; or
74	5. Exploitation of the child or allowing the child to be
75	exploited, in violation of s. 450.151,
76
77	commits a life felony, punishable as provided in s. 775.082, s.
78	775.083, or s. 775.084.
79	(b) Pursuant to s. 775.021(4), nothing contained herein
80	shall be construed to prohibit the imposition of separate
81	judgments and sentences for the life felony described in
82	paragraph (a) and for each separate offense enumerated in
83	subparagraphs (a)1.-5.
84	Section 2. Section 787.02, Florida Statutes, is amended to
85	read:
86	787.02 False imprisonment; false imprisonment of child
87	under age 1613, aggravating circumstances.--
88	(1)(a) The term "false imprisonment" means forcibly, by
89	threat, or secretly confining, abducting, imprisoning, or
90	restraining another person without lawful authority and against
91	her or his will.
92	(b) Confinement of a child under the age of 1613is
93	against her or his will within the meaning of this section if
94	such confinement is without the consent of her or his parent or
95	legal guardian.
96	(2) A person who commits the offense of false imprisonment
97	is guilty of a felony of the third degree, punishable as
98	provided in s. 775.082, s. 775.083, or s. 775.084.
99	(3)(a) A person who commits the offense of false
100	imprisonment upon a child under the age of 1613and who, in the
101	course of committing the offense, commits any offense enumerated
102	in subparagraphs 1.-5., commits a felony of the first degree,
103	punishable by imprisonment for a term of years not exceeding
104	life or as provided in s. 775.082, s. 775.083, or s. 775.084.
105	1. Aggravated child abuse, as defined in s. 827.03;
106	2. Sexual battery, as defined in chapter 794, against the
107	child;
108	3. Lewd or lascivious battery, lewd or lascivious
109	molestation, lewd or lascivious conduct, or lewd or lascivious
110	exhibition, in violation of s. 800.04;
111	4. A violation of s. 796.03 or s. 796.04, relating to
112	prostitution, upon the child; or
113	5. Exploitation of the child or allowing the child to be
114	exploited, in violation of s. 450.151.
115	(b) Pursuant to s. 775.021(4), nothing contained herein
116	shall be construed to prohibit the imposition of separate
117	judgments and sentences for the first degree offense described
118	in paragraph (a) and for each separate offense enumerated in
119	subparagraphs (a)1.-5.
120	Section 3. Section 787.025, Florida Statutes, is amended
121	to read:
122	787.025 Luring or enticing a child.--
123	(1) As used in this section, the term:
124	(a) "Structure" means a building of any kind, either
125	temporary or permanent, which has a roof over it, together with
126	the curtilage thereof.
127	(b) "Dwelling" means a building or conveyance of any kind,
128	either temporary or permanent, mobile or immobile, which has a
129	roof over it and is designed to be occupied by people lodging
130	together therein at night, together with the curtilage thereof.
131	(c) "Conveyance" means any motor vehicle, ship, vessel,
132	railroad car, trailer, aircraft, or sleeping car.
133	(2)(a) A person over the age of 18 who, having been
134	previously convicted of a violation of chapter 794 or s. 800.04,
135	or a violation of a similar law of another jurisdiction,
136	intentionally lures or entices, or attempts to lure or entice, a
137	child under the age of 1612into a structure, dwelling, or
138	conveyance for other than a lawful purpose commits a felony of
139	the secondthirddegree, punishable as provided in s. 775.082,
140	s. 775.083, or s. 775.084.
141	(b) For purposes of this section, the luring or enticing,
142	or attempted luring or enticing, of a child under the age of 16
143	12into a structure, dwelling, or conveyance without the consent
144	of the child's parent or legal guardian shall be prima facie
145	evidence of other than a lawful purpose.
146	(3) It is an affirmative defense to a prosecution under
147	this section that:
148	(a) The person reasonably believed that his or her action
149	was necessary to prevent the child from being seriously injured.
150	(b) The person lured or enticed, or attempted to lure or
151	entice, the child under the age of 1612into a structure,
152	dwelling, or conveyance for a lawful purpose.
153	(c) The person's actions were reasonable under the
154	circumstances and the defendant did not have any intent to harm
155	the health, safety, or welfare of the child.
156	Section 4. For the purpose of incorporating the amendments
157	made by this act to sections 787.01 and 787.02, Florida
158	Statutes, in references thereto, paragraphs (j) and(k) of
159	subsection (2) of section 435.03, Florida Statutes, are
160	reenacted to read:
161	435.03 Level 1 screening standards.--
162	(2) Any person for whom employment screening is required
163	by statute must not have been found guilty of, regardless of
164	adjudication, or entered a plea of nolo contendere or guilty to,
165	any offense prohibited under any of the following provisions of
166	the Florida Statutes or under any similar statute of another
167	jurisdiction:
168	(j) Section 787.01, relating to kidnapping.
169	(k) Section 787.02, relating to false imprisonment.
170	Section 5. For the purpose of incorporating the amendments
171	made by this act to sections 787.01 and 787.02, Florida
172	Statutes, in references thereto, paragraphs (k) and (l) of
173	subsection (2) of section 435.04, Florida Statutes, are
174	reenacted to read:
175	435.04 Level 2 screening standards.--
176	(2) The security background investigations under this
177	section must ensure that no persons subject to the provisions of
178	this section have been found guilty of, regardless of
179	adjudication, or entered a plea of nolo contendere or guilty to,
180	any offense prohibited under any of the following provisions of
181	the Florida Statutes or under any similar statute of another
182	jurisdiction:
183	(k) Section 787.01, relating to kidnapping.
184	(l) Section 787.02, relating to false imprisonment.
185	Section 6. For the purpose of incorporating the amendments
186	made by this act to sections 787.01, 787.02, and 787.025,
187	Florida Statutes, in references thereto, subsection (4) of
188	section 775.21, Florida Statutes, is reenacted to read:
189	775.21 The Florida Sexual Predators Act; definitions;
190	legislative findings, purpose, and intent; criteria;
191	designation; registration; community and public notification;
192	immunity; penalties.--
193	(4) SEXUAL PREDATOR CRITERIA.--
194	(a) For a current offense committed on or after October 1,
195	1993, upon conviction, an offender shall be designated as a
196	"sexual predator" under subsection (5), and subject to
197	registration under subsection (6) and community and public
198	notification under subsection (7) if:
199	1. The felony is:
200	a. A capital, life, or first-degree felony violation, or
201	any attempt thereof, of s. 787.01 or s. 787.02, where the victim
202	is a minor and the defendant is not the victim's parent, or of
203	chapter 794, s. 800.04, or s. 847.0145, or a violation of a
204	similar law of another jurisdiction; or
205	b. Any felony violation, or any attempt thereof, of s.
206	787.01, s. 787.02, or s. 787.025, where the victim is a minor
207	and the defendant is not the victim's parent; chapter 794,
208	excluding ss. 794.011(10) and 794.0235; s. 796.03; s. 800.04; s.
209	825.1025(2)(b); s. 827.071; or s. 847.0145; or a violation of a
210	similar law of another jurisdiction, and the offender has
211	previously been convicted of or found to have committed, or has
212	pled nolo contendere or guilty to, regardless of adjudication,
213	any violation of s. 787.01, s. 787.02, or s. 787.025, where the
214	victim is a minor and the defendant is not the victim's parent;
215	s. 794.011(2), (3), (4), (5), or (8); s. 794.05; s. 796.03; s.
216	800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135; or s.
217	847.0145, or a violation of a similar law of another
218	jurisdiction;
219	2. The offender has not received a pardon for any felony
220	or similar law of another jurisdiction that is necessary for the
221	operation of this paragraph; and
222	3. A conviction of a felony or similar law of another
223	jurisdiction necessary to the operation of this paragraph has
224	not been set aside in any postconviction proceeding.
225	(b) In order to be counted as a prior felony for purposes
226	of this subsection, the felony must have resulted in a
227	conviction sentenced separately, or an adjudication of
228	delinquency entered separately, prior to the current offense and
229	sentenced or adjudicated separately from any other felony
230	conviction that is to be counted as a prior felony. If the
231	offender's prior enumerated felony was committed more than 10
232	years before the primary offense, it shall not be considered a
233	prior felony under this subsection if the offender has not been
234	convicted of any other crime for a period of 10 consecutive
235	years from the most recent date of release from confinement,
236	supervision, or sanction, whichever is later.
237	(c) If an offender has been registered as a sexual
238	predator by the Department of Corrections, the department, or
239	any other law enforcement agency and if:
240	1. The court did not, for whatever reason, make a written
241	finding at the time of sentencing that the offender was a sexual
242	predator; or
243	2. The offender was administratively registered as a
244	sexual predator because the Department of Corrections, the
245	department, or any other law enforcement agency obtained
246	information that indicated that the offender met the criteria
247	for designation as a sexual predator based on a violation of a
248	similar law in another jurisdiction,
249
250	the department shall remove that offender from the department's
251	list of sexual predators and, for an offender described under
252	subparagraph 1., shall notify the state attorney who prosecuted
253	the offense that met the criteria for administrative designation
254	as a sexual predator, and, for an offender described under this
255	subparagraph, shall notify the state attorney of the county
256	where the offender establishes or maintains a permanent or
257	temporary residence. The state attorney shall bring the matter
258	to the court's attention in order to establish that the offender
259	meets the criteria for designation as a sexual predator. If the
260	court makes a written finding that the offender is a sexual
261	predator, the offender must be designated as a sexual predator,
262	must register or be registered as a sexual predator with the
263	department as provided in subsection (6), and is subject to the
264	community and public notification as provided in subsection (7).
265	If the court does not make a written finding that the offender
266	is a sexual predator, the offender may not be designated as a
267	sexual predator with respect to that offense and is not required
268	to register or be registered as a sexual predator with the
269	department.
270	Section 7. For the purpose of incorporating the amendments
271	made by this act to section 787.01, Florida Statutes, in
272	references thereto, section 903.133, Florida Statutes, is
273	reenacted to read:
274	903.133 Bail on appeal; prohibited for certain felony
275	convictions.--Notwithstanding the provisions of s. 903.132, no
276	person adjudged guilty of a felony of the first degree for a
277	violation of s. 782.04(2) or (3), s. 787.01, s. 794.011(4), s.
278	806.01, s. 893.13, or s. 893.135, or adjudged guilty of a
279	violation of s. 794.011(2) or (3), shall be admitted to bail
280	pending review either by posttrial motion or appeal.
281	Section 8. For the purpose of incorporating the amendments
282	made by this act to sections 787.01 and 787.02, Florida
283	Statutes, in references thereto, section 910.14, Florida
284	Statutes, is reenacted to read:
285	910.14 Kidnapping.--A person who commits an offense
286	provided for in s. 787.01 or s. 787.02 may be tried in any
287	county in which the person's victim has been taken or confined
288	during the course of the offense.
289	Section 9. For the purpose of incorporating the amendments
290	made by this act to sections 787.01 and 787.02, Florida
291	Statutes, in references thereto, paragraphs (i) and (j) of
292	subsection (3) of section 921.0022, Florida Statutes, are
293	reenacted and amended to read:
294	921.0022 Criminal Punishment Code; offense severity
295	ranking chart.--
296	(3) OFFENSE SEVERITY RANKING CHART
297	FloridaStatute FelonyDegree Description
298	(i) LEVEL 9
299	316.193(3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
300	327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
301	560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
302	560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
303	655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
304	775.0844 1st Aggravated white collar crime.
305	782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
306	782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
307	782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
308	782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
309	787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
310	787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
311	787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
312	787.02(3)(a) 1st False imprisonment; child under age 1613; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
313	790.161 1st Attempted capital destructive device offense.
314	790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
315	794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
316	794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
317	794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
318	794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
319	800.04(5)(b) 1st Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
320	812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
321	812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
322	827.03(2) 1st Aggravated child abuse.
323	847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
324	847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
325	859.01 1st Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
326	893.135 1st Attempted capital trafficking offense.
327	893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
328	893.135(1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
329	893.135(1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
330	893.135(1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
331	893.135(1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
332	893.135(1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
333	893.135(1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
334	893.135(1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
335	893.135(1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
336	896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
337	896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
338	(j) LEVEL 10
339	782.04(2) 1st,PBL Unlawful killing of human; act is homicide, unpremeditated.
340	787.01(1)(a)3. 1st,PBL Kidnapping; inflict bodily harm upon or terrorize victim.
341	787.01(3)(a) Life Kidnapping; child under age 16 13, perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
342	782.07(3) 1st Aggravated manslaughter of a child.
343	794.011(3) Life Sexual battery; victim 12 years or older, offender uses or threatens to use deadly weapon or physical force to cause serious injury.
344	876.32 1st Treason against the state.
345	Section 10. For the purpose of incorporating the
346	amendments made by this act to sections 787.01, 787.02, and
347	787.025, Florida Statutes, in references thereto, paragraph (a)
348	of subsection (1) of section 943.0435, Florida Statutes, is
349	amended to read:
350	943.0435 Sexual offenders required to register with the
351	department; penalty.--
352	(1) As used in this section, the term:
353	(a) "Sexual offender" means a person who:
354	1. Has been convicted of committing, or attempting,
355	soliciting, or conspiring to commit, any of the criminal
356	offenses proscribed in the following statutes in this state or
357	similar offenses in another jurisdiction: s. 787.01, s. 787.02,
358	or s. 787.025, where the victim is a minor and the defendant is
359	not the victim's parent; chapter 794, excluding ss. 794.011(10)
360	and 794.0235; s. 796.03; s. 800.04; s. 825.1025; s. 827.071; s.
361	847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s. 847.0145; or
362	any similar offense committed in this state which has been
363	redesignated from a former statute number to one of those listed
364	in this subparagraph; and
365	2. Has been released on or after October 1, 1997, from the
366	sanction imposed for any conviction of an offense described in
367	subparagraph 1. For purposes of subparagraph 1., a sanction
368	imposed in this state or in any other jurisdiction includes, but
369	is not limited to, a fine, probation, community control, parole,
370	conditional release, control release, or incarceration in a
371	state prison, federal prison, private correctional facility, or
372	local detention facility; or
373	3. Establishes or maintains a residence in this state and
374	who has not been designated as a sexual predator by a court of
375	this state but who has been designated as a sexual predator, as
376	a sexually violent predator, or by another sexual offender
377	designation in another state or jurisdiction and was, as a
378	result of such designation, subjected to registration or
379	community or public notification, or both, or would be if the
380	person were a resident of that state or jurisdiction; or
381	4. Establishes or maintains a residence in this state who
382	is in the custody or control of, or under the supervision of,
383	any other state or jurisdiction as a result of a conviction for
384	committing, or attempting, soliciting, or conspiring to commit,
385	any of the criminal offenses proscribed in the following
386	statutes or similar offense in another jurisdiction: s. 787.01,
387	s. 787.02, or s. 787.025, where the victim is a minor and the
388	defendant is not the victim's parent; chapter 794, excluding ss.
389	794.011(10) and 794.0235; s. 796.03; s. 800.04; s. 825.1025; s.
390	827.071; s. 847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s.
391	847.0145; or any similar offense committed in this state which
392	has been redesignated from a former statute number to one of
393	those listed in this subparagraph.
394	Section 11. For the purpose of incorporating the
395	amendments made by this act to section 787.025, Florida
396	Statutes, in references thereto, section 943.0585, Florida
397	Statutes, is reenacted to read:
398	943.0585 Court-ordered expunction of criminal history
399	records.--The courts of this state have jurisdiction over their
400	own procedures, including the maintenance, expunction, and
401	correction of judicial records containing criminal history
402	information to the extent such procedures are not inconsistent
403	with the conditions, responsibilities, and duties established by
404	this section. Any court of competent jurisdiction may order a
405	criminal justice agency to expunge the criminal history record
406	of a minor or an adult who complies with the requirements of
407	this section. The court shall not order a criminal justice
408	agency to expunge a criminal history record until the person
409	seeking to expunge a criminal history record has applied for and
410	received a certificate of eligibility for expunction pursuant to
411	subsection (2). A criminal history record that relates to a
412	violation of s. 787.025, chapter 794, s. 796.03, s. 800.04, s.
413	817.034, s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s.
414	847.0135, s. 847.0145, s. 893.135, or a violation enumerated in
415	s. 907.041 may not be expunged, without regard to whether
416	adjudication was withheld, if the defendant was found guilty of
417	or pled guilty or nolo contendere to the offense, or if the
418	defendant, as a minor, was found to have committed, or pled
419	guilty or nolo contendere to committing, the offense as a
420	delinquent act. The court may only order expunction of a
421	criminal history record pertaining to one arrest or one incident
422	of alleged criminal activity, except as provided in this
423	section. The court may, at its sole discretion, order the
424	expunction of a criminal history record pertaining to more than
425	one arrest if the additional arrests directly relate to the
426	original arrest. If the court intends to order the expunction of
427	records pertaining to such additional arrests, such intent must
428	be specified in the order. A criminal justice agency may not
429	expunge any record pertaining to such additional arrests if the
430	order to expunge does not articulate the intention of the court
431	to expunge a record pertaining to more than one arrest. This
432	section does not prevent the court from ordering the expunction
433	of only a portion of a criminal history record pertaining to one
434	arrest or one incident of alleged criminal activity.
435	Notwithstanding any law to the contrary, a criminal justice
436	agency may comply with laws, court orders, and official requests
437	of other jurisdictions relating to expunction, correction, or
438	confidential handling of criminal history records or information
439	derived therefrom. This section does not confer any right to the
440	expunction of any criminal history record, and any request for
441	expunction of a criminal history record may be denied at the
442	sole discretion of the court.
443	(1) PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.--Each
444	petition to a court to expunge a criminal history record is
445	complete only when accompanied by:
446	(a) A certificate of eligibility for expunction issued by
447	the department pursuant to subsection (2).
448	(b) The petitioner's sworn statement attesting that the
449	petitioner:
450	1. Has never, prior to the date on which the petition is
451	filed, been adjudicated guilty of a criminal offense or
452	comparable ordinance violation or adjudicated delinquent for
453	committing a felony or a misdemeanor specified in s.
454	943.051(3)(b).
455	2. Has not been adjudicated guilty of, or adjudicated
456	delinquent for committing, any of the acts stemming from the
457	arrest or alleged criminal activity to which the petition
458	pertains.
459	3. Has never secured a prior sealing or expunction of a
460	criminal history record under this section, former s. 893.14,
461	former s. 901.33, or former s. 943.058, or from any jurisdiction
462	outside the state.
463	4. Is eligible for such an expunction to the best of his
464	or her knowledge or belief and does not have any other petition
465	to expunge or any petition to seal pending before any court.
466
467	Any person who knowingly provides false information on such
468	sworn statement to the court commits a felony of the third
469	degree, punishable as provided in s. 775.082, s. 775.083, or s.
470	775.084.
471	(2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.--Prior to
472	petitioning the court to expunge a criminal history record, a
473	person seeking to expunge a criminal history record shall apply
474	to the department for a certificate of eligibility for
475	expunction. The department shall, by rule adopted pursuant to
476	chapter 120, establish procedures pertaining to the application
477	for and issuance of certificates of eligibility for expunction.
478	The department shall issue a certificate of eligibility for
479	expunction to a person who is the subject of a criminal history
480	record if that person:
481	(a) Has obtained, and submitted to the department, a
482	written, certified statement from the appropriate state attorney
483	or statewide prosecutor which indicates:
484	1. That an indictment, information, or other charging
485	document was not filed or issued in the case.
486	2. That an indictment, information, or other charging
487	document, if filed or issued in the case, was dismissed or nolle
488	prosequi by the state attorney or statewide prosecutor, or was
489	dismissed by a court of competent jurisdiction.
490	3. That the criminal history record does not relate to a
491	violation of s. 787.025, chapter 794, s. 796.03, s. 800.04, s.
492	817.034, s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s.
493	847.0135, s. 847.0145, s. 893.135, or a violation enumerated in
494	s. 907.041, where the defendant was found guilty of, or pled
495	guilty or nolo contendere to any such offense, or that the
496	defendant, as a minor, was found to have committed, or pled
497	guilty or nolo contendere to committing, such an offense as a
498	delinquent act, without regard to whether adjudication was
499	withheld.
500	(b) Remits a $75 processing fee to the department for
501	placement in the Department of Law Enforcement Operating Trust
502	Fund, unless such fee is waived by the executive director.
503	(c) Has submitted to the department a certified copy of
504	the disposition of the charge to which the petition to expunge
505	pertains.
506	(d) Has never, prior to the date on which the application
507	for a certificate of eligibility is filed, been adjudicated
508	guilty of a criminal offense or comparable ordinance violation
509	or adjudicated delinquent for committing a felony or a
510	misdemeanor specified in s. 943.051(3)(b).
511	(e) Has not been adjudicated guilty of, or adjudicated
512	delinquent for committing, any of the acts stemming from the
513	arrest or alleged criminal activity to which the petition to
514	expunge pertains.
515	(f) Has never secured a prior sealing or expunction of a
516	criminal history record under this section, former s. 893.14,
517	former s. 901.33, or former s. 943.058.
518	(g) Is no longer under court supervision applicable to the
519	disposition of the arrest or alleged criminal activity to which
520	the petition to expunge pertains.
521	(h) Is not required to wait a minimum of 10 years prior to
522	being eligible for an expunction of such records because all
523	charges related to the arrest or criminal activity to which the
524	petition to expunge pertains were dismissed prior to trial,
525	adjudication, or the withholding of adjudication. Otherwise,
526	such criminal history record must be sealed under this section,
527	former s. 893.14, former s. 901.33, or former s. 943.058 for at
528	least 10 years before such record is eligible for expunction.
529	(3) PROCESSING OF A PETITION OR ORDER TO EXPUNGE.--
530	(a) In judicial proceedings under this section, a copy of
531	the completed petition to expunge shall be served upon the
532	appropriate state attorney or the statewide prosecutor and upon
533	the arresting agency; however, it is not necessary to make any
534	agency other than the state a party. The appropriate state
535	attorney or the statewide prosecutor and the arresting agency
536	may respond to the court regarding the completed petition to
537	expunge.
538	(b) If relief is granted by the court, the clerk of the
539	court shall certify copies of the order to the appropriate state
540	attorney or the statewide prosecutor and the arresting agency.
541	The arresting agency is responsible for forwarding the order to
542	any other agency to which the arresting agency disseminated the
543	criminal history record information to which the order pertains.
544	The department shall forward the order to expunge to the Federal
545	Bureau of Investigation. The clerk of the court shall certify a
546	copy of the order to any other agency which the records of the
547	court reflect has received the criminal history record from the
548	court.
549	(c) For an order to expunge entered by a court prior to
550	July 1, 1992, the department shall notify the appropriate state
551	attorney or statewide prosecutor of an order to expunge which is
552	contrary to law because the person who is the subject of the
553	record has previously been convicted of a crime or comparable
554	ordinance violation or has had a prior criminal history record
555	sealed or expunged. Upon receipt of such notice, the appropriate
556	state attorney or statewide prosecutor shall take action, within
557	60 days, to correct the record and petition the court to void
558	the order to expunge. The department shall seal the record until
559	such time as the order is voided by the court.
560	(d) On or after July 1, 1992, the department or any other
561	criminal justice agency is not required to act on an order to
562	expunge entered by a court when such order does not comply with
563	the requirements of this section. Upon receipt of such an order,
564	the department must notify the issuing court, the appropriate
565	state attorney or statewide prosecutor, the petitioner or the
566	petitioner's attorney, and the arresting agency of the reason
567	for noncompliance. The appropriate state attorney or statewide
568	prosecutor shall take action within 60 days to correct the
569	record and petition the court to void the order. No cause of
570	action, including contempt of court, shall arise against any
571	criminal justice agency for failure to comply with an order to
572	expunge when the petitioner for such order failed to obtain the
573	certificate of eligibility as required by this section or such
574	order does not otherwise comply with the requirements of this
575	section.
576	(4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
577	criminal history record of a minor or an adult which is ordered
578	expunged by a court of competent jurisdiction pursuant to this
579	section must be physically destroyed or obliterated by any
580	criminal justice agency having custody of such record; except
581	that any criminal history record in the custody of the
582	department must be retained in all cases. A criminal history
583	record ordered expunged that is retained by the department is
584	confidential and exempt from the provisions of s. 119.07(1) and
585	s. 24(a), Art. I of the State Constitution and not available to
586	any person or entity except upon order of a court of competent
587	jurisdiction. A criminal justice agency may retain a notation
588	indicating compliance with an order to expunge.
589	(a) The person who is the subject of a criminal history
590	record that is expunged under this section or under other
591	provisions of law, including former s. 893.14, former s. 901.33,
592	and former s. 943.058, may lawfully deny or fail to acknowledge
593	the arrests covered by the expunged record, except when the
594	subject of the record:
595	1. Is a candidate for employment with a criminal justice
596	agency;
597	2. Is a defendant in a criminal prosecution;
598	3. Concurrently or subsequently petitions for relief under
599	this section or s. 943.059;
600	4. Is a candidate for admission to The Florida Bar;
601	5. Is seeking to be employed or licensed by or to contract
602	with the Department of Children and Family Services or the
603	Department of Juvenile Justice or to be employed or used by such
604	contractor or licensee in a sensitive position having direct
605	contact with children, the developmentally disabled, the aged,
606	or the elderly as provided in s. 110.1127(3), s. 393.063(15), s.
607	394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
608	409.175(2)(i), s. 415.102(4), s. 985.407, or chapter 400; or
609	6. Is seeking to be employed or licensed by the Office of
610	Teacher Education, Certification, Staff Development, and
611	Professional Practices of the Department of Education, any
612	district school board, or any local governmental entity that
613	licenses child care facilities.
614	(b) Subject to the exceptions in paragraph (a), a person
615	who has been granted an expunction under this section, former s.
616	893.14, former s. 901.33, or former s. 943.058 may not be held
617	under any provision of law of this state to commit perjury or to
618	be otherwise liable for giving a false statement by reason of
619	such person's failure to recite or acknowledge an expunged
620	criminal history record.
621	(c) Information relating to the existence of an expunged
622	criminal history record which is provided in accordance with
623	paragraph (a) is confidential and exempt from the provisions of
624	s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
625	except that the department shall disclose the existence of a
626	criminal history record ordered expunged to the entities set
627	forth in subparagraphs (a)1., 4., 5., and 6. for their
628	respective licensing and employment purposes, and to criminal
629	justice agencies for their respective criminal justice purposes.
630	It is unlawful for any employee of an entity set forth in
631	subparagraph (a)1., subparagraph (a)4., subparagraph (a)5., or
632	subparagraph (a)6. to disclose information relating to the
633	existence of an expunged criminal history record of a person
634	seeking employment or licensure with such entity or contractor,
635	except to the person to whom the criminal history record relates
636	or to persons having direct responsibility for employment or
637	licensure decisions. Any person who violates this paragraph
638	commits a misdemeanor of the first degree, punishable as
639	provided in s. 775.082 or s. 775.083.
640	(5) STATUTORY REFERENCES.--Any reference to any other
641	chapter, section, or subdivision of the Florida Statutes in this
642	section constitutes a general reference under the doctrine of
643	incorporation by reference.
644	Section 12. For the purpose of incorporating the
645	amendments made by this act to section 787.025, Florida
646	Statutes, in references thereto, section 943.059, Florida
647	Statutes, is reenacted to read:
648	943.059 Court-ordered sealing of criminal history
649	records.--The courts of this state shall continue to have
650	jurisdiction over their own procedures, including the
651	maintenance, sealing, and correction of judicial records
652	containing criminal history information to the extent such
653	procedures are not inconsistent with the conditions,
654	responsibilities, and duties established by this section. Any
655	court of competent jurisdiction may order a criminal justice
656	agency to seal the criminal history record of a minor or an
657	adult who complies with the requirements of this section. The
658	court shall not order a criminal justice agency to seal a
659	criminal history record until the person seeking to seal a
660	criminal history record has applied for and received a
661	certificate of eligibility for sealing pursuant to subsection
662	(2). A criminal history record that relates to a violation of s.
663	787.025, chapter 794, s. 796.03, s. 800.04, s. 817.034, s.
664	825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135, s.
665	847.0145, s. 893.135, or a violation enumerated in s. 907.041
666	may not be sealed, without regard to whether adjudication was
667	withheld, if the defendant was found guilty of or pled guilty or
668	nolo contendere to the offense, or if the defendant, as a minor,
669	was found to have committed or pled guilty or nolo contendere to
670	committing the offense as a delinquent act. The court may only
671	order sealing of a criminal history record pertaining to one
672	arrest or one incident of alleged criminal activity, except as
673	provided in this section. The court may, at its sole discretion,
674	order the sealing of a criminal history record pertaining to
675	more than one arrest if the additional arrests directly relate
676	to the original arrest. If the court intends to order the
677	sealing of records pertaining to such additional arrests, such
678	intent must be specified in the order. A criminal justice agency
679	may not seal any record pertaining to such additional arrests if
680	the order to seal does not articulate the intention of the court
681	to seal records pertaining to more than one arrest. This section
682	does not prevent the court from ordering the sealing of only a
683	portion of a criminal history record pertaining to one arrest or
684	one incident of alleged criminal activity. Notwithstanding any
685	law to the contrary, a criminal justice agency may comply with
686	laws, court orders, and official requests of other jurisdictions
687	relating to sealing, correction, or confidential handling of
688	criminal history records or information derived therefrom. This
689	section does not confer any right to the sealing of any criminal
690	history record, and any request for sealing a criminal history
691	record may be denied at the sole discretion of the court.
692	(1) PETITION TO SEAL A CRIMINAL HISTORY RECORD.--Each
693	petition to a court to seal a criminal history record is
694	complete only when accompanied by:
695	(a) A certificate of eligibility for sealing issued by the
696	department pursuant to subsection (2).
697	(b) The petitioner's sworn statement attesting that the
698	petitioner:
699	1. Has never, prior to the date on which the petition is
700	filed, been adjudicated guilty of a criminal offense or
701	comparable ordinance violation or adjudicated delinquent for
702	committing a felony or a misdemeanor specified in s.
703	943.051(3)(b).
704	2. Has not been adjudicated guilty of or adjudicated
705	delinquent for committing any of the acts stemming from the
706	arrest or alleged criminal activity to which the petition to
707	seal pertains.
708	3. Has never secured a prior sealing or expunction of a
709	criminal history record under this section, former s. 893.14,
710	former s. 901.33, former s. 943.058, or from any jurisdiction
711	outside the state.
712	4. Is eligible for such a sealing to the best of his or
713	her knowledge or belief and does not have any other petition to
714	seal or any petition to expunge pending before any court.
715
716	Any person who knowingly provides false information on such
717	sworn statement to the court commits a felony of the third
718	degree, punishable as provided in s. 775.082, s. 775.083, or s.
719	775.084.
720	(2) CERTIFICATE OF ELIGIBILITY FOR SEALING.--Prior to
721	petitioning the court to seal a criminal history record, a
722	person seeking to seal a criminal history record shall apply to
723	the department for a certificate of eligibility for sealing. The
724	department shall, by rule adopted pursuant to chapter 120,
725	establish procedures pertaining to the application for and
726	issuance of certificates of eligibility for sealing. The
727	department shall issue a certificate of eligibility for sealing
728	to a person who is the subject of a criminal history record
729	provided that such person:
730	(a) Has submitted to the department a certified copy of
731	the disposition of the charge to which the petition to seal
732	pertains.
733	(b) Remits a $75 processing fee to the department for
734	placement in the Department of Law Enforcement Operating Trust
735	Fund, unless such fee is waived by the executive director.
736	(c) Has never, prior to the date on which the application
737	for a certificate of eligibility is filed, been adjudicated
738	guilty of a criminal offense or comparable ordinance violation
739	or adjudicated delinquent for committing a felony or a
740	misdemeanor specified in s. 943.051(3)(b).
741	(d) Has not been adjudicated guilty of or adjudicated
742	delinquent for committing any of the acts stemming from the
743	arrest or alleged criminal activity to which the petition to
744	seal pertains.
745	(e) Has never secured a prior sealing or expunction of a
746	criminal history record under this section, former s. 893.14,
747	former s. 901.33, or former s. 943.058.
748	(f) Is no longer under court supervision applicable to the
749	disposition of the arrest or alleged criminal activity to which
750	the petition to seal pertains.
751	(3) PROCESSING OF A PETITION OR ORDER TO SEAL.--
752	(a) In judicial proceedings under this section, a copy of
753	the completed petition to seal shall be served upon the
754	appropriate state attorney or the statewide prosecutor and upon
755	the arresting agency; however, it is not necessary to make any
756	agency other than the state a party. The appropriate state
757	attorney or the statewide prosecutor and the arresting agency
758	may respond to the court regarding the completed petition to
759	seal.
760	(b) If relief is granted by the court, the clerk of the
761	court shall certify copies of the order to the appropriate state
762	attorney or the statewide prosecutor and to the arresting
763	agency. The arresting agency is responsible for forwarding the
764	order to any other agency to which the arresting agency
765	disseminated the criminal history record information to which
766	the order pertains. The department shall forward the order to
767	seal to the Federal Bureau of Investigation. The clerk of the
768	court shall certify a copy of the order to any other agency
769	which the records of the court reflect has received the criminal
770	history record from the court.
771	(c) For an order to seal entered by a court prior to July
772	1, 1992, the department shall notify the appropriate state
773	attorney or statewide prosecutor of any order to seal which is
774	contrary to law because the person who is the subject of the
775	record has previously been convicted of a crime or comparable
776	ordinance violation or has had a prior criminal history record
777	sealed or expunged. Upon receipt of such notice, the appropriate
778	state attorney or statewide prosecutor shall take action, within
779	60 days, to correct the record and petition the court to void
780	the order to seal. The department shall seal the record until
781	such time as the order is voided by the court.
782	(d) On or after July 1, 1992, the department or any other
783	criminal justice agency is not required to act on an order to
784	seal entered by a court when such order does not comply with the
785	requirements of this section. Upon receipt of such an order, the
786	department must notify the issuing court, the appropriate state
787	attorney or statewide prosecutor, the petitioner or the
788	petitioner's attorney, and the arresting agency of the reason
789	for noncompliance. The appropriate state attorney or statewide
790	prosecutor shall take action within 60 days to correct the
791	record and petition the court to void the order. No cause of
792	action, including contempt of court, shall arise against any
793	criminal justice agency for failure to comply with an order to
794	seal when the petitioner for such order failed to obtain the
795	certificate of eligibility as required by this section or when
796	such order does not comply with the requirements of this
797	section.
798	(e) An order sealing a criminal history record pursuant to
799	this section does not require that such record be surrendered to
800	the court, and such record shall continue to be maintained by
801	the department and other criminal justice agencies.
802	(4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A criminal
803	history record of a minor or an adult which is ordered sealed by
804	a court of competent jurisdiction pursuant to this section is
805	confidential and exempt from the provisions of s. 119.07(1) and
806	s. 24(a), Art. I of the State Constitution and is available only
807	to the person who is the subject of the record, to the subject's
808	attorney, to criminal justice agencies for their respective
809	criminal justice purposes, or to those entities set forth in
810	subparagraphs (a)1., 4., 5., and 6. for their respective
811	licensing and employment purposes.
812	(a) The subject of a criminal history record sealed under
813	this section or under other provisions of law, including former
814	s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
815	deny or fail to acknowledge the arrests covered by the sealed
816	record, except when the subject of the record:
817	1. Is a candidate for employment with a criminal justice
818	agency;
819	2. Is a defendant in a criminal prosecution;
820	3. Concurrently or subsequently petitions for relief under
821	this section or s. 943.0585;
822	4. Is a candidate for admission to The Florida Bar;
823	5. Is seeking to be employed or licensed by or to contract
824	with the Department of Children and Family Services or the
825	Department of Juvenile Justice or to be employed or used by such
826	contractor or licensee in a sensitive position having direct
827	contact with children, the developmentally disabled, the aged,
828	or the elderly as provided in s. 110.1127(3), s. 393.063(15), s.
829	394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
830	409.175(2)(i), s. 415.102(4), s. 415.103, s. 985.407, or chapter
831	400; or
832	6. Is seeking to be employed or licensed by the Office of
833	Teacher Education, Certification, Staff Development, and
834	Professional Practices of the Department of Education, any
835	district school board, or any local governmental entity which
836	licenses child care facilities.
837	(b) Subject to the exceptions in paragraph (a), a person
838	who has been granted a sealing under this section, former s.
839	893.14, former s. 901.33, or former s. 943.058 may not be held
840	under any provision of law of this state to commit perjury or to
841	be otherwise liable for giving a false statement by reason of
842	such person's failure to recite or acknowledge a sealed criminal
843	history record.
844	(c) Information relating to the existence of a sealed
845	criminal record provided in accordance with the provisions of
846	paragraph (a) is confidential and exempt from the provisions of
847	s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
848	except that the department shall disclose the sealed criminal
849	history record to the entities set forth in subparagraphs (a)1.,
850	4., 5., and 6. for their respective licensing and employment
851	purposes. It is unlawful for any employee of an entity set forth
852	in subparagraph (a)1., subparagraph (a)4., subparagraph (a)5.,
853	or subparagraph (a)6. to disclose information relating to the
854	existence of a sealed criminal history record of a person
855	seeking employment or licensure with such entity or contractor,
856	except to the person to whom the criminal history record relates
857	or to persons having direct responsibility for employment or
858	licensure decisions. Any person who violates the provisions of
859	this paragraph commits a misdemeanor of the first degree,
860	punishable as provided in s. 775.082 or s. 775.083.
861	(5) STATUTORY REFERENCES.--Any reference to any other
862	chapter, section, or subdivision of the Florida Statutes in this
863	section constitutes a general reference under the doctrine of
864	incorporation by reference.
865	Section 13. For the purpose of incorporating the
866	amendments made by this act to sections 787.01, 787.02, and
867	787.025, Florida Statutes, in references thereto, paragraph (b)
868	of subsection (1) of section 944.606, Florida Statutes, is
869	reenacted to read:
870	944.606 Sexual offenders; notification upon release.--
871	(1) As used in this section:
872	(b) "Sexual offender" means a person who has been
873	convicted of committing, or attempting, soliciting, or
874	conspiring to commit, any of the criminal offenses proscribed in
875	the following statutes in this state or similar offenses in
876	another jurisdiction: s. 787.01, s. 787.02, or s. 787.025, where
877	the victim is a minor and the defendant is not the victim's
878	parent; chapter 794, excluding ss. 794.011(10) and 794.0235; s.
879	796.03; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.
880	847.0135; s. 847.0137; s. 847.0138; s. 847.0145; or any similar
881	offense committed in this state which has been redesignated from
882	a former statute number to one of those listed in this
883	subsection, when the department has received verified
884	information regarding such conviction; an offender's
885	computerized criminal history record is not, in and of itself,
886	verified information.
887	Section 14. For the purpose of incorporating the
888	amendments made by this act to sections 787.01, 787.02, and
889	787.025, Florida Statutes, in references thereto, paragraph (a)
890	of subsection (1) of section 944.607, Florida Statutes, is
891	reenacted to read:
892	944.607 Notification to Department of Law Enforcement of
893	information on sexual offenders.--
894	(1) As used in this section, the term:
895	(a) "Sexual offender" means a person who is in the custody
896	or control of, or under the supervision of, the department or is
897	in the custody of a private correctional facility:
898	1. On or after October 1, 1997, as a result of a
899	conviction for committing, or attempting, soliciting, or
900	conspiring to commit, any of the criminal offenses proscribed in
901	the following statutes in this state or similar offenses in
902	another jurisdiction: s. 787.01, s. 787.02, or s. 787.025, where
903	the victim is a minor and the defendant is not the victim's
904	parent; chapter 794, excluding ss. 794.011(10) and 794.0235; s.
905	796.03; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.
906	847.0135; s. 847.0137; s. 847.0138; s. 847.0145; or any similar
907	offense committed in this state which has been redesignated from
908	a former statute number to one of those listed in this
909	paragraph; or
910	2. Who establishes or maintains a residence in this state
911	and who has not been designated as a sexual predator by a court
912	of this state but who has been designated as a sexual predator,
913	as a sexually violent predator, or by another sexual offender
914	designation in another state or jurisdiction and was, as a
915	result of such designation, subjected to registration or
916	community or public notification, or both, or would be if the
917	person were a resident of that state or jurisdiction.
918	Section 15. For the purpose of incorporating the
919	amendments made by this act to sections 787.01, 787.02, and
920	787.025, Florida Statutes, in references thereto, subsection
921	(15) of section 948.01, Florida Statutes, is reenacted to read:
922	948.01 When court may place defendant on probation or into
923	community control.--
924	(15) Effective for an offense committed on or after July
925	1, 1998, a person is ineligible for placement on administrative
926	probation if the person is sentenced to or is serving a term of
927	probation or community control, regardless of the conviction or
928	adjudication, for committing, or attempting, conspiring, or
929	soliciting to commit, any of the felony offenses described in s.
930	787.01 or s. 787.02, where the victim is a minor and the
931	defendant is not the victim's parent; s. 787.025; chapter 794;
932	s. 796.03; s. 800.04; s. 825.1025(2)(b); s. 827.071; s.
933	847.0133; s. 847.0135; or s. 847.0145.
934	Section 16. For the purpose of incorporating the
935	amendments made by this act to section 787.025, Florida
936	Statutes, in references thereto, paragraph (a) of subsection (2)
937	of section 948.06, Florida Statutes, is reenacted to read:
938	948.06 Violation of probation or community control;
939	revocation; modification; continuance; failure to pay
940	restitution or cost of supervision.--
941	(2)(a) When any state or local law enforcement agency
942	investigates or arrests a person for committing, or attempting,
943	soliciting, or conspiring to commit, a violation of s. 787.025,
944	chapter 794, s. 796.03, s. 800.04, s. 827.071, s. 847.0133, s.
945	847.0135, or s. 847.0145, the law enforcement agency shall
946	contact the Department of Corrections to verify whether the
947	person under investigation or under arrest is on probation,
948	community control, parole, conditional release, or control
949	release.
950	Section 17. This act shall take effect October 1, 2003.
951