HB 0283 2004
1	A bill to be entitled
2	An act relating to plea agreements; amending s. 921.143,
3	F.S.; prohibiting the court from accepting a plea
4	agreement that prohibits a law enforcement, correctional,
5	or correctional probation officer from appearing at a
6	parole hearing or clemency hearing; prohibiting a plea
7	agreement that prohibits a law enforcement, correctional,
8	or correctional probation officer who was a victim in the
9	offense or an authorized representative of the officer's
10	employing agency from appearing or providing a statement
11	at the sentencing hearing; defining the terms "law
12	enforcement officer," "correctional officer,"
13	"correctional probation officer," and "employing agency"
14	for purposes of the act; specifying that the act does not
15	impair certain rights afforded by law or the State
16	Constitution; providing an effective date.
17
18	Be It Enacted by the Legislature of the State of Florida:
19
20	Section 1. Section 921.143, Florida Statutes, is amended
21	to read:
22	921.143 Appearance of victim, or next of kin, or law
23	enforcement, correctional, or correctional probation officerto
24	make statement at sentencing hearing; submission of written
25	statement.--
26	(1) At the sentencing hearing, and prior to the imposition
27	of sentence upon any defendant who has been convicted of any
28	felony or who has pleaded guilty or nolo contendere to any
29	crime, including a criminal violation of a provision of chapter
30	316, the sentencing court shall permit the victim of the crime
31	for which the defendant is being sentenced, the victim's parent
32	or guardian if the victim is a minor, the lawful representative
33	of the victim or of the victim's parent or guardian if the
34	victim is a minor, or the next of kin of the victim if the
35	victim has died from causes related to the crime, to:
36	(a) Appear before the sentencing court for the purpose of
37	making a statement under oath for the record; and
38	(b) Submit a written statement under oath to the office of
39	the state attorney, which statement shall be filed with the
40	sentencing court.
41	(2) The state attorney or any assistant state attorney
42	shall advise all victims or, when appropriate, the victim's
43	parent, guardian, next of kin, or lawful representative that
44	statements, whether oral or written, shall relate to the facts
45	of the case and the extent of any harm, including social,
46	psychological, or physical harm, financial losses, loss of
47	earnings directly or indirectly resulting from the crime for
48	which the defendant is being sentenced, and any matter relevant
49	to an appropriate disposition and sentence.
50	(3)(a) The court may not accept a plea agreement that
51	prohibits a law enforcement, correctional, or correctional
52	probation officer from appearing or speaking at a parole hearing
53	or clemency hearing.
54	(b) In any case in which the victim is a law enforcement,
55	correctional, or correctional probation officer, a plea
56	agreement may not prohibit the officer or an authorized
57	representative of the officer's employing agency from appearing
58	or providing a statement at the sentencing hearing.
59	(c) As used in this subsection, the terms "law enforcement
60	officer," "correctional officer," "correctional probation
61	officer," and "employing agency" have the meanings ascribed in
62	s. 943.10.
63	(d) This subsection does not impair any right afforded
64	under chapter 960 or under s. 16(b), Art. I of the State
65	Constitution.
66	(4)(3)The court may refuse to accept a negotiated plea
67	and order the defendant to stand trial.
68	Section 2. This act shall take effect July 1, 2004.