Senate Bill sb1376c2

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    Florida Senate - 2004                    CS for CS for SB 1376

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




    309-2376-04

  1                      A bill to be entitled

  2         An act relating to habitual misdemeanor

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

  4         providing definitions; specifying alternatives

  5         for sentencing a habitual misdemeanor offender;

  6         providing that such alternatives are

  7         imprisonment, commitment, or detention;

  8         specifying a minimum and maximum time period

  9         for such alternatives; providing criminal

10         penalties; limiting the applicability of the

11         sentencing alternatives; providing an effective

12         date.

13  

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

15  

16         Section 1.  Section 775.0837, Florida Statutes, is

17  created to read:

18         775.0837  Habitual misdemeanor offenders.--

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

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

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

22  nolo contendere, regardless of whether adjudication is

23  withheld.

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

25  who is before the court for sentencing for a specified

26  misdemeanor offense and who has previously been convicted, as

27  an adult, of four or more specified misdemeanor offenses which

28  meet the following criteria:

29         1.  The offenses, in relation to each other and the

30  misdemeanor before the court for sentencing, are separate

31  

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    Florida Senate - 2004                    CS for CS for SB 1376
    309-2376-04




 1  offenses that are not part of the same criminal transaction or

 2  episode.

 3         2.  The offenses were committed within 1 year of the

 4  date that the misdemeanor before the court for sentencing was

 5  committed.

 6         (c)  "Specified misdemeanor offense" means those

 7  misdemeanor offenses described in chapter 741, chapter 784,

 8  chapter 790, chapter 796, chapter 800, chapter 806, chapter

 9  810, chapter 812, chapter 817, chapter 831, chapter 832,

10  chapter 843, chapter 856, chapter 893, or chapter 901.

11         (d)  "Imprisonment" means incarceration in a county

12  jail operated by the county or a private vendor.

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

14  court for sentencing for a misdemeanor is a habitual

15  misdemeanor offender, the court shall sentence the defendant

16  as a habitual misdemeanor offender and impose one of the

17  following sentences:

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

19  but not to exceed 1 year;

20         (b)  Commitment to a residential treatment program for

21  not less than 6 months, but not to exceed 364 days, provided

22  that the treatment program is operated by the county or a

23  private vendor with which the county has contracted to operate

24  such program, or by a private vendor under contract with the

25  state or licensed by the state to operate such program or

26  other community-based treatment program or a combination of

27  residential and community-based program; or

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

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

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

31  

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    Florida Senate - 2004                    CS for CS for SB 1376
    309-2376-04




 1  vendor with which the county has contracted to supervise or

 2  monitor the detention.

 3  

 4  The court may not sentence a defendant under this subsection

 5  if the misdemeanor offense before the court for sentencing has

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

 7  qualifying misdemeanor.

 8         Section 2.  This act shall take effect upon becoming a

 9  law.

10  

11          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
12                          CS for SB 1376

13                                 

14  
      -  Provides that qualifying misdemeanors include misdemeanor
15       violations under the chapters relating to domestic
         violence, assault, battery, weapons, prostitution, lewd
16       exhibition, arson, criminal mischief, trespass, theft,
         fraud, forgery, worthless checks, obstructing justice,
17       drunkenness, loitering, prowling, controlled substances,
         and providing a false name.
18  
      -  Clarifies that there must be at least 5 misdemeanor
19       convictions to trigger the habitual misdemeanor
         sanctions.
20  
      -  Modifies definition of imprisonment so it includes only
21       incarceration in jail operated by the county or a private
         vendor with which the county contracts.
22  
      -  Modifies one of the sanctions provided relating to
23       residential treatment programs to specify that
         residential treatment does not have to be in a secure
24       facility and to provide that county residential and
         community-based program options may be utilized.
25  

26  

27  

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31  

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