Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. CS for SB 1964
                        Barcode 793634
                            CHAMBER ACTION
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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. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 2 11:39 AM 04/25/05 s1964.cj26.p01