HB 1877

1	A bill to be entitled
2	An act relating to sexual predators and sexual offenders;
3	providing a popular name; amending s. 775.21, F.S.;
4	revising criteria for sexual predator designation,
5	extending period for petition to remove sexual predator
6	designation; creating s. 775.235, F.S.; prohibiting the
7	harboring of a sexual predator or sexual offender;
8	providing criminal penalties; amending s. 921.141, F.S.;
9	creating an aggravating circumstance pertaining to sexual
10	predators for purposes of imposing the death penalty;
11	amending s. 947.1405, F.S.; requiring sexual offenders and
12	sexual predators on conditional release to be placed on
13	electronic monitoring; creating s. 947.1406, F.S.;
14	providing requirements for electronic monitoring of sexual
15	offenders and sexual predators on conditional release;
16	amending s. 948.30, F.S.; requiring sexual offenders and
17	sexual predators on community control or probation to be
18	placed on electronic monitoring; amending s. 948.11, F.S.;
19	providing requirements for electronic monitoring of sexual
20	offenders and sexual predators on community control or
21	probation; providing an effective date.
22
23	Be It Enacted by the Legislature of the State of Florida:
24
25	Section 1.  This act may be cited as the "Jessica Lunsford
26	Act."
27	Section 2.  Paragraph (b) of subsection (4) and paragraph
28	(l) of subsection (6) of section 775.21, Florida Statutes, are
29	amended to read:
30	775.21  The Florida Sexual Predators Act.--
31	(4)  SEXUAL PREDATOR CRITERIA.--
32	(b)  In order to be counted as a prior felony for purposes
33	of this subsection, the felony must have resulted in a
34	conviction sentenced separately, or an adjudication of
35	delinquency for an offense committed entered separately, prior
36	to the current offense and sentenced or adjudicated separately
37	from any other felony conviction that is to be counted as a
38	prior felony. If the offender's prior enumerated felony was
39	committed more than 10 years before the primary offense, it
40	shall not be considered a prior felony under this subsection if
41	the offender has not been convicted of any other crime for a
42	period of 10 consecutive years from the most recent date of
43	release from confinement, supervision, or sanction, whichever is
44	later.
45	(6)  REGISTRATION.--
46	(l)  A sexual predator must maintain registration with the
47	department for the duration of his or her life, unless the
48	sexual predator has received a full pardon or has had a
49	conviction set aside in a postconviction proceeding for any
50	offense that met the criteria for the sexual predator
51	designation. However, a sexual predator who was designated as a
52	sexual predator by a court before October 1, 1998, and who has
53	been lawfully released from confinement, supervision, or
54	sanction, whichever is later, for at least 10 years and has not
55	been arrested for any felony or misdemeanor offense since
56	release, may petition the criminal division of the circuit court
57	in the circuit in which the sexual predator resides for the
58	purpose of removing the sexual predator designation. A sexual
59	predator who was designated a sexual predator by a court on or
60	after October 1, 1998, who has been lawfully released from
61	confinement, supervision, or sanction, whichever is later, for
62	at least 20 years, and who has not been arrested for any felony
63	or misdemeanor offense since release may petition the criminal
64	division of the circuit court in the circuit in which the sexual
65	predator resides for the purpose of removing the sexual predator
66	designation. A sexual predator who was designated a sexual
67	predator by a court on or after October 1, 2005, who has been
68	lawfully released from confinement, supervision, or sanction,
69	whichever is later, for at least 30 years and who has not been
70	arrested for any felony or misdemeanor offense since release may
71	petition the criminal division of the circuit court in the
72	circuit in which the sexual predator resides for the purpose of
73	removing the sexual predator designation. The court may grant or
74	deny such relief if the petitioner demonstrates to the court
75	that he or she has not been arrested for any crime since
76	release, the requested relief complies with the provisions of
77	the federal Jacob Wetterling Act, as amended, and any other
78	federal standards applicable to the removal of the designation
79	as a sexual predator or required to be met as a condition for
80	the receipt of federal funds by the state, and the court is
81	otherwise satisfied that the petitioner is not a current or
82	potential threat to public safety. The state attorney in the
83	circuit in which the petition is filed must be given notice of
84	the petition at least 3 weeks before the hearing on the matter.
85	The state attorney may present evidence in opposition to the
86	requested relief or may otherwise demonstrate the reasons why
87	the petition should be denied. If the court denies the petition,
88	the court may set a future date at which the sexual predator may
89	again petition the court for relief, subject to the standards
90	for relief provided in this paragraph. Unless specified in the
91	order, a sexual predator who is granted relief under this
92	paragraph must comply with the requirements for registration as
93	a sexual offender and other requirements provided under s.
94	943.0435 or s. 944.607. If a petitioner obtains an order from
95	the court that imposed the order designating the petitioner as a
96	sexual predator which removes such designation, the petitioner
97	shall forward a certified copy of the written findings or order
98	to the department in order to have the sexual predator
99	designation removed from the sexual predator registry.
100
101	The sheriff shall promptly provide to the department the
102	information received from the sexual predator.
103	Section 3.  Section 775.235, Florida Statutes, is created
104	to read:
105	775.235  Harboring sexual predator or sexual offender.--Any
106	person who permits a sexual predator or sexual offender to
107	reside with that person knowing that the sexual predator or
108	sexual offender has failed to comply with requirements of s.
109	775.21, s. 943.0435, or s. 944.607 commits a felony of the third
110	degree, punishable as provided in s. 775.082 or s. 775.083.
111	Section 4.  Paragraph (o) is added to subsection (5) of
112	section 921.141, Florida Statutes, to read:
113	921.141  Sentence of death or life imprisonment for capital
114	felonies; further proceedings to determine sentence.--
115	(5)  AGGRAVATING CIRCUMSTANCES.--Aggravating circumstances
116	shall be limited to the following:
117	(o)  The capital felony was committed by a person
118	designated a sexual predator pursuant to s. 775.21 or a person
119	previously designated a sexual predator whose sexual predator
120	designation had been removed.
121	Section 5.  Paragraph (b) of subsection (7) of section
122	947.1405, Florida Statutes, is amended, subsection (9) is
123	renumbered as subsection (10), and a new subsection (9) is added
124	to said section, to read:
125	947.1405  Conditional release program.--
126	(7)
127	(b)  For a releasee whose crime was committed on or after
128	October 1, 1997, in violation of chapter 794, s. 800.04, s.
129	827.071, or s. 847.0145, and who is subject to conditional
130	release supervision, in addition to any other provision of this
131	section subsection, the commission shall impose the following
132	additional conditions of conditional release supervision:
133	1.  As part of a treatment program, participation in a
134	minimum of one annual polygraph examination to obtain
135	information necessary for risk management and treatment and to
136	reduce the sex offender's denial mechanisms. The polygraph
137	examination must be conducted by a polygrapher trained
138	specifically in the use of the polygraph for the monitoring of
139	sex offenders, where available, and at the expense of the sex
140	offender. The results of the polygraph examination shall not be
141	used as evidence in a hearing to prove that a violation of
142	supervision has occurred.
143	2.  Maintenance of a driving log and a prohibition against
144	driving a motor vehicle alone without the prior approval of the
145	supervising officer.
146	3.  A prohibition against obtaining or using a post office
147	box without the prior approval of the supervising officer.
148	4.  If there was sexual contact, a submission to, at the
149	probationer's or community controllee's expense, an HIV test
150	with the results to be released to the victim or the victim's
151	parent or guardian.
152	5.  Electronic monitoring of any form when ordered by the
153	commission.
154	(9)  Effective for a releasee whose crime was committed on
155	or after July 1, 2005, in violation of chapter 794, s. 800.04,
156	s. 827.071, or s. 847.0145, or who is designated a sexual
157	predator pursuant to s. 775.21, in addition to any other
158	provision of this section, the court shall order electronic
159	monitoring as provided in s. 947.1406.
160	Section 6.  Section 947.1406, Florida Statutes, is created
161	to read:
162	947.1406  Electronic monitoring for certain sex offenders
163	and sexual predators.--For any conditional releasee placed on
164	electronic monitoring pursuant to s. 947.1405(9), the department
165	shall use a system of active electronic monitoring that
166	identifies the location of a monitored offender and that can
167	produce upon request reports or records of the offender's
168	presence near or within a crime scene or prohibited area or the
169	offender's departure from specified geographic limitations.
170	Section 7.  Subsection (2) of section 948.30, Florida
171	Statutes, is amended, and subsection (3) is added to said
172	section, to read:
173	948.30  Additional terms and conditions of probation or
174	community control for certain sex offenses.--Conditions imposed
175	pursuant to this section do not require oral pronouncement at
176	the time of sentencing and shall be considered standard
177	conditions of probation or community control for offenders
178	specified in this section.
179	(2)  Effective for a probationer or community controllee
180	whose crime was committed on or after October 1, 1997, and who
181	is placed on sex offender probation for a violation of chapter
182	794, s. 800.04, s. 827.071, or s. 847.0145, in addition to any
183	other provision of this section subsection, the court must
184	impose the following conditions of probation or community
185	control:
186	(a)  As part of a treatment program, participation at least
187	annually in polygraph examinations to obtain information
188	necessary for risk management and treatment and to reduce the
189	sex offender's denial mechanisms. A polygraph examination must
190	be conducted by a polygrapher trained specifically in the use of
191	the polygraph for the monitoring of sex offenders, where
192	available, and shall be paid for by the sex offender. The
193	results of the polygraph examination shall not be used as
194	evidence in court to prove that a violation of community
195	supervision has occurred.
196	(b)  Maintenance of a driving log and a prohibition against
197	driving a motor vehicle alone without the prior approval of the
198	supervising officer.
199	(c)  A prohibition against obtaining or using a post office
200	box without the prior approval of the supervising officer.
201	(d)  If there was sexual contact, a submission to, at the
202	probationer's or community controllee's expense, an HIV test
203	with the results to be released to the victim or the victim's
204	parent or guardian.
205	(e)  Electronic monitoring when deemed necessary by the
206	community control or probation officer and his or her
207	supervisor, and ordered by the court at the recommendation of
208	the Department of Corrections.
209	(3)  Effective for a probationer or community controllee
210	whose crime was committed on or after July 1, 2005, and who is
211	placed on sex offender probation for a violation of chapter 794,
212	s. 800.04, s. 827.071, or s. 847.0145, or who is designated a
213	sexual predator pursuant to s. 775.21, in addition to any other
214	provision of this section, the court shall order electronic
215	monitoring as provided in s. 948.11(6).
216	Section 8.  Subsection (6) is added to section 948.11,
217	Florida Statutes, to read:
218	948.11  Electronic monitoring devices.--
219	(6)  For any probationer or community controllee placed on
220	electronic monitoring pursuant to s. 948.30(3), the Department
221	of Corrections shall use a system of active electronic
222	monitoring that identifies the location of a monitored offender
223	and that can produce, upon request, reports or records of the
224	offender's presence near or within a crime scene or prohibited
225	area or the offender's departure from specified geographic
226	limitations.
227	Section 9.  This act shall take effect July 1, 2005.

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