Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. CS for SB 1964
Barcode 793634
CHAMBER ACTION
Senate House
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11 The Committee on Criminal Justice (Haridopolos) recommended
12 the following amendment:
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14 Senate Amendment
15 On page 2, lines 25-31, delete those lines
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17 and insert: incarcerated person means a person who has been
18 ordered released from incarceration under the following
19 circumstances:
20 (a) The person was charged, by indictment or
21 information, with the commission of an offense classified as a
22 felony;
23 (b) The person did not plead guilty or no contest to
24 the offense charged or to any lesser included offense, unless
25 the person was charged with a capital offense;
26 (c) The person was convicted of the offense;
27 (d) The person was sentenced to incarceration for a
28 term of imprisonment as a result of the conviction;
29 (e) The person was imprisoned solely on the basis of
30 the conviction for the offense;
31 (f) The person did not, by his or her misconduct or
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11:39 AM 04/25/05 s1964.cj26.p01
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. CS for SB 1964
Barcode 793634
1 neglect, bring about the prosecution;
2 (g) The person's acts did not constitute a crime; and
3 (h) A court of competent jurisdiction found by clear
4 and convincing evidence that the offense for which the person
5 was convicted, sentenced, and imprisoned, including any lesser
6 included offenses, was not committed by the person and issued
7 an order vacating, dismissing, or reversing the conviction and
8 sentence and providing that no further proceedings can be or
9 will be held against the person on any facts and circumstances
10 alleged in the proceedings which had resulted in the
11 conviction.
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