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. |