Senate Bill sb1376c1

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    Florida Senate - 2004                           CS for SB 1376

    By the Committee on Criminal Justice; and Senator Haridopolos





    307-1630-04

  1                      A bill to be entitled

  2         An act relating to habitual misdemeanor

  3         offenders; creating s. 775.0837, F.S.; defining

  4         terms; providing for sentencing a habitual

  5         misdemeanor offender, as specified; providing

  6         penalties; providing a sentencing exception;

  7         providing an effective date.

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

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11         Section 1.  Section 775.0837, Florida Statutes, is

12  created to read:

13         775.0837  Habitual misdemeanor offender; definitions;

14  penalties.--

15         (1)  As used in this section, the term:

16         (a)  "Convicted" means a determination of guilt which

17  is the result of a trial or the entry of a plea of guilty or

18  nolo contendere, regardless of whether adjudication is

19  withheld.

20         (b)  "Habitual misdemeanor offender" means a defendant

21  before the court for sentencing for a misdemeanor who has been

22  convicted, as an adult, of four or more misdemeanor offenses,

23  which:

24         1.  In relation to each other and the misdemeanor

25  before the court for sentencing, are separate offenses that

26  are not part of the same criminal transaction or episode; and

27         2.  Were committed within 1 year of the date the

28  misdemeanor before the court for sentencing was committed.

29         (c)  "Imprisonment" means incarceration in a county

30  jail operated by the county or a private vendor or a state

31  correctional facility operated by the Department of

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    Florida Senate - 2004                           CS for SB 1376
    307-1630-04




 1  Corrections or a private vendor, including private

 2  correctional facilities contracted by the state.

 3         (2)  If the court finds that a defendant before the

 4  court for sentencing for a misdemeanor is a habitual

 5  misdemeanor offender, the court shall sentence the defendant

 6  as a habitual misdemeanor offender and impose one of the

 7  following sentences:

 8         (a)  A term of imprisonment of not less than 6 months

 9  and may impose a term of imprisonment of up to 1 year;

10         (b)  Commitment to a secure residential treatment

11  program for not less than 6 months, but not to exceed 364

12  days, if the residential treatment program is operated by the

13  county or a private vendor with which the county has

14  contracted to operate such program; or

15         (c)  Detention for not less than 6 months, but not to

16  exceed 364 days, to a designated residence, if the detention

17  is supervised or monitored by the county or by a private

18  vendor with which the county has contracted to supervise or

19  monitor the detention.

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21  The court may not sentence a defendant under this subsection

22  if the misdemeanor offense before the court for sentencing has

23  been reclassified as a felony as a result of any prior

24  qualifying misdemeanor.

25         Section 2.  This act shall take effect July 1, 2004.

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    Florida Senate - 2004                           CS for SB 1376
    307-1630-04




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1376

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 4  -    Provides that a defendant is a "habitual misdemeanor
         offender" if: the current offense is a misdemeanor; there
 5       are four or more prior convictions, as an adult, for a
         misdemeanor; all qualifying offenses were committed
 6       within a 1 year period; and all qualifying offenses are
         separate offenses that are not part of the same criminal
 7       transaction or episode.

 8  -    Provides for the following additional sentencing options:
         commitment to a secure residential treatment program for
 9       not less than 6 months, but not to exceed 364 days, if
         the residential treatment program is operated by the
10       county or a private vendor the county has contracted with
         to operate such program; or detention for not less than 6
11       months, but not to exceed 364 days, to a designated
         residence, if the detention is supervised or monitored by
12       the county or by a private vendor the county has
         contracted with to supervise or monitor the detention.
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    -    Defines the term "imprisonment."
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