HB 0283CS

CHAMBER ACTION




1The Committee on Public Safety & Crime Prevention recommends the
2following:
3
4     Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to plea agreements; amending s. 921.143,
8F.S.; providing a popular name; prohibiting the court from
9accepting a plea agreement that prohibits a law
10enforcement, correctional, or correctional probation
11officer from appearing at a parole hearing or clemency
12hearing; prohibiting a plea agreement that prohibits a law
13enforcement, correctional, or correctional probation
14officer who was a victim in the offense or an authorized
15representative of the officer's employing agency from
16appearing or providing a statement at the sentencing
17hearing; defining the terms "law enforcement officer,"
18"correctional officer," "correctional probation officer,"
19and "employing agency" for purposes of the act; specifying
20that the act does not impair certain rights afforded by
21law or the State Constitution; providing an effective
22date.
23
24Be It Enacted by the Legislature of the State of Florida:
25
26     Section 1.  Section 921.143, Florida Statutes, is amended
27to read:
28     921.143  Appearance of victim, or next of kin, or law
29enforcement, correctional, or correctional probation officer to
30make statement at sentencing hearing; submission of written
31statement.--
32     (1)  At the sentencing hearing, and prior to the imposition
33of sentence upon any defendant who has been convicted of any
34felony or who has pleaded guilty or nolo contendere to any
35crime, including a criminal violation of a provision of chapter
36316, the sentencing court shall permit the victim of the crime
37for which the defendant is being sentenced, the victim's parent
38or guardian if the victim is a minor, the lawful representative
39of the victim or of the victim's parent or guardian if the
40victim is a minor, or the next of kin of the victim if the
41victim has died from causes related to the crime, to:
42     (a)  Appear before the sentencing court for the purpose of
43making a statement under oath for the record; and
44     (b)  Submit a written statement under oath to the office of
45the state attorney, which statement shall be filed with the
46sentencing court.
47     (2)  The state attorney or any assistant state attorney
48shall advise all victims or, when appropriate, the victim's
49parent, guardian, next of kin, or lawful representative that
50statements, whether oral or written, shall relate to the facts
51of the case and the extent of any harm, including social,
52psychological, or physical harm, financial losses, loss of
53earnings directly or indirectly resulting from the crime for
54which the defendant is being sentenced, and any matter relevant
55to an appropriate disposition and sentence.
56     (3)(a)  This subsection shall be known by the popular name
57the "Officer Cheryl Seiden Act."
58     (b)  The court may not accept a plea agreement that
59prohibits a law enforcement officer, correctional officer, or
60correctional probation officer from appearing or speaking at a
61parole hearing or clemency hearing.
62     (c)  In any case in which the victim is a law enforcement
63officer, correctional officer, or correctional probation
64officer, a plea agreement may not prohibit the officer or an
65authorized representative of the officer's employing agency from
66appearing or providing a statement at the sentencing hearing.
67     (d)  As used in this subsection, the terms "law enforcement
68officer," "correctional officer," "correctional probation
69officer," and "employing agency" have the meanings ascribed in
70s. 943.10.
71     (e)  This subsection does not impair any right afforded
72under chapter 960 or under s. 16(b), Art. I of the State
73Constitution.
74     (4)(3)  The court may refuse to accept a negotiated plea
75and order the defendant to stand trial.
76     Section 2.  This act shall take effect July 1, 2004.


CODING: Words stricken are deletions; words underlined are additions.