| 1 | The Committee on Public Safety & Crime Prevention recommends the |
| 2 | following: |
| 3 |
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| 4 | Committee Substitute |
| 5 | Remove the entire bill and insert: |
| 6 | A bill to be entitled |
| 7 | An act relating to plea agreements; amending s. 921.143, |
| 8 | F.S.; providing a popular name; prohibiting the court from |
| 9 | accepting a plea agreement that prohibits a law |
| 10 | enforcement, correctional, or correctional probation |
| 11 | officer from appearing at a parole hearing or clemency |
| 12 | hearing; prohibiting a plea agreement that prohibits a law |
| 13 | enforcement, correctional, or correctional probation |
| 14 | officer who was a victim in the offense or an authorized |
| 15 | representative of the officer's employing agency from |
| 16 | appearing or providing a statement at the sentencing |
| 17 | hearing; defining the terms "law enforcement officer," |
| 18 | "correctional officer," "correctional probation officer," |
| 19 | and "employing agency" for purposes of the act; specifying |
| 20 | that the act does not impair certain rights afforded by |
| 21 | law or the State Constitution; providing an effective |
| 22 | date. |
| 23 |
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| 24 | Be It Enacted by the Legislature of the State of Florida: |
| 25 |
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| 26 | Section 1. Section 921.143, Florida Statutes, is amended |
| 27 | to read: |
| 28 | 921.143 Appearance of victim, or next of kin, or law |
| 29 | enforcement, correctional, or correctional probation officer to |
| 30 | make statement at sentencing hearing; submission of written |
| 31 | statement.-- |
| 32 | (1) At the sentencing hearing, and prior to the imposition |
| 33 | of sentence upon any defendant who has been convicted of any |
| 34 | felony or who has pleaded guilty or nolo contendere to any |
| 35 | crime, including a criminal violation of a provision of chapter |
| 36 | 316, the sentencing court shall permit the victim of the crime |
| 37 | for which the defendant is being sentenced, the victim's parent |
| 38 | or guardian if the victim is a minor, the lawful representative |
| 39 | of the victim or of the victim's parent or guardian if the |
| 40 | victim is a minor, or the next of kin of the victim if the |
| 41 | victim has died from causes related to the crime, to: |
| 42 | (a) Appear before the sentencing court for the purpose of |
| 43 | making a statement under oath for the record; and |
| 44 | (b) Submit a written statement under oath to the office of |
| 45 | the state attorney, which statement shall be filed with the |
| 46 | sentencing court. |
| 47 | (2) The state attorney or any assistant state attorney |
| 48 | shall advise all victims or, when appropriate, the victim's |
| 49 | parent, guardian, next of kin, or lawful representative that |
| 50 | statements, whether oral or written, shall relate to the facts |
| 51 | of the case and the extent of any harm, including social, |
| 52 | psychological, or physical harm, financial losses, loss of |
| 53 | earnings directly or indirectly resulting from the crime for |
| 54 | which the defendant is being sentenced, and any matter relevant |
| 55 | to an appropriate disposition and sentence. |
| 56 | (3)(a) This subsection shall be known by the popular name |
| 57 | the "Officer Cheryl Seiden Act." |
| 58 | (b) The court may not accept a plea agreement that |
| 59 | prohibits a law enforcement officer, correctional officer, or |
| 60 | correctional probation officer from appearing or speaking at a |
| 61 | parole hearing or clemency hearing. |
| 62 | (c) In any case in which the victim is a law enforcement |
| 63 | officer, correctional officer, or correctional probation |
| 64 | officer, a plea agreement may not prohibit the officer or an |
| 65 | authorized representative of the officer's employing agency from |
| 66 | appearing or providing a statement at the sentencing hearing. |
| 67 | (d) As used in this subsection, the terms "law enforcement |
| 68 | officer," "correctional officer," "correctional probation |
| 69 | officer," and "employing agency" have the meanings ascribed in |
| 70 | s. 943.10. |
| 71 | (e) This subsection does not impair any right afforded |
| 72 | under chapter 960 or under s. 16(b), Art. I of the State |
| 73 | Constitution. |
| 74 | (4)(3) The court may refuse to accept a negotiated plea |
| 75 | and order the defendant to stand trial. |
| 76 | Section 2. This act shall take effect July 1, 2004. |