HB 25

1
A bill to be entitled
2An act relating to violent felony offenders; providing a
3short title; creating s. 903.0351, F.S.; prohibiting bail
4or other pretrial release for specified violent felony
5offenders of special concern without a hearing; amending
6s. 948.06, F.S.; providing definitions; providing that
7certain alleged violations of probation or community
8control by violent felony offenders of special concern
9require hearings and require the alleged offenders to
10remain in custody pending hearing; providing requirements
11for such hearings; amending s. 921.0024, F.S.; revising
12Criminal Punishment Code worksheet computations to provide
13additional community sanction violation points for certain
14community sanction violations committed by violent felony
15offenders of special concern; reenacting ss.
16948.012(2)(b), 948.10(9), and 958.14, F.S., relating to
17split sentence of probation or community control and
18imprisonment, community control programs, and violation of
19probation or community control, respectively, to
20incorporate the amendment to s. 948.06, F.S., in
21references thereto; providing an effective date.
22
23Be It Enacted by the Legislature of the State of Florida:
24
25     Section 1.  This act may be cited as the "Anti-Murder Act."
26     Section 2.  Section 903.0351, Florida Statutes, is created
27to read:
28     903.0351  Violent felony offenders of special concern;
29pretrial release hearing required.--A violent felony offender of
30special concern, as defined in s. 948.06, who has been arrested
31for an alleged violation of probation or community control shall
32not be granted bail or any other form of pretrial release prior
33to the resolution of the probation or community control
34violation hearing, unless the violation charge or arrest is
35based solely on failure to pay costs, fines, or restitution
36payments.
37     Section 3.  Subsection (4) of section 948.06, Florida
38Statutes, is amended, and subsection (8) is added to that
39section, to read:
40     948.06  Violation of probation or community control;
41revocation; modification; continuance; failure to pay
42restitution or cost of supervision.--
43     (4)  Notwithstanding any other provision of this section, a
44probationer or an offender in community control who is arrested
45for violating his or her probation or community control in a
46material respect may be taken before the court in the county or
47circuit in which the probationer or offender was arrested. That
48court shall advise him or her of such charge of a violation and,
49if such charge is admitted, shall cause him or her to be brought
50before the court which granted the probation or community
51control. If such violation is not admitted by the probationer or
52offender, the court may commit him or her or release him or her
53with or without bail to await further hearing. However, if the
54probationer or offender is under supervision for any criminal
55offense proscribed in chapter 794, s. 800.04(4), (5), (6), s.
56827.071, or s. 847.0145, or is a registered sexual predator or a
57registered sexual offender, or is under supervision for a
58criminal offense for which he or she would meet the registration
59criteria in s. 775.21, s. 943.0435, or s. 944.607 but for the
60effective date of those sections, the court must make a finding
61that the probationer or offender is not a danger to the public
62prior to release with or without bail. In determining the danger
63posed by the offender's or probationer's release, the court may
64consider the nature and circumstances of the violation and any
65new offenses charged; the offender's or probationer's past and
66present conduct, including convictions of crimes; any record of
67arrests without conviction for crimes involving violence or
68sexual crimes; any other evidence of allegations of unlawful
69sexual conduct or the use of violence by the offender or
70probationer; the offender's or probationer's family ties, length
71of residence in the community, employment history, and mental
72condition; his or her history and conduct during the probation
73or community control supervision from which the violation arises
74and any other previous supervisions, including disciplinary
75records of previous incarcerations; the likelihood that the
76offender or probationer will engage again in a criminal course
77of conduct; the weight of the evidence against the offender or
78probationer; and any other facts the court considers relevant.
79The court, as soon as is practicable, shall give the probationer
80or offender an opportunity to be fully heard on his or her
81behalf in person or by counsel. After such hearing, the court
82shall make findings of fact and forward the findings to the
83court which granted the probation or community control and to
84the probationer or offender or his or her attorney. The findings
85of fact by the hearing court are binding on the court which
86granted the probation or community control. Upon the probationer
87or offender being brought before it, the court which granted the
88probation or community control may revoke, modify, or continue
89the probation or community control or may place the probationer
90into community control as provided in this section. However, if
91any violation other than a failure to pay costs, fines, or
92restitution payments is alleged to have been committed by a
93violent felony offender of special concern, as defined in
94subsection (8), the probationer or offender shall not be
95released and shall not be admitted to bail, but shall be brought
96before the court that granted the probation or community
97control.
98     (8)(a)  In addition to complying with the provisions of
99subsections (1)-(7), a probationer or offender in community
100control who is a violent felony offender of special concern
101shall comply with this subsection. The provisions of this
102subsection shall control over any conflicting provisions in
103subsections (1)-(7).
104     (b)  For purposes of this subsection and ss. 903.0351 and
105921.0024, the term "violent felony offender of special concern"
106means a person who is on:
107     1.  Probation or community control related to the
108commission of a qualifying offense committed on or after July 1,
1092006;
110     2.  Probation or community control for any offense
111committed on or after July 1, 2006, and has previously been
112convicted of or had adjudication withheld for a qualifying
113offense;
114     3.  Probation or community control for any offense
115committed on or after July 1, 2006, and is found to have
116violated that probation or community control by committing a
117qualifying offense;
118     4.  Probation or community control and has previously been
119found by a court to be a habitual violent felony offender as
120defined in s. 775.084(1)(b) and has committed a qualifying
121offense on or after July 1, 2006;
122     5.  Probation or community control and has previously been
123found by a court to be a three-time violent felony offender as
124defined in s. 775.084(1)(c) and has committed a qualifying
125offense on or after July 1, 2006; or
126     6.  Probation or community control and has previously been
127found by a court to be a sexual predator under s. 775.21 and has
128committed a qualifying offense on or after July 1, 2006.
129     (c)  For purposes of this section, the term "qualifying
130offense" means any of the following:
131     1.  Kidnapping or attempted kidnapping under s. 787.01,
132false imprisonment of a child under the age of 13 under s.
133787.02(3), or luring or enticing a child under s. 787.025.
134     2.  Murder or attempted murder under s. 782.04, attempted
135felony murder under s. 782.051, or manslaughter under s. 782.07.
136     3.  Aggravated battery or attempted aggravated battery
137under s. 784.045.
138     4.  Sexual battery or attempted sexual battery under s.
139794.011(2), (3), or (4).
140     5.  Lewd or lascivious battery or attempted lewd or
141lascivious battery under s. 800.04(4) or lewd or lascivious
142molestation under s. 800.04(5)(b).
143     6.  Robbery or attempted robbery under s. 812.13,
144carjacking under s. 812.133, or home invasion robbery under s.
145812.135.
146     7.  Lewd or lascivious offense upon or in the presence of
147an elderly or disabled person or attempted lewd or lascivious
148offense upon or in the presence of an elderly or disabled person
149under s. 825.1025.
150     8.  Sexual performance by a child or attempted sexual
151performance by a child under s. 827.071.
152     9.  Computer pornography under s. 847.0135(2) or (3),
153transmission of child pornography under s. 847.0137, or selling
154or buying of minors under s. 847.0145.
155     10.  Poisoning food or water under s. 859.01.
156     11.  Abuse of a dead human body under s. 872.06.
157     12.  Any burglary offense or attempted burglary offense
158that is either a first or second degree felony under s.
159810.02(2) or (3).
160     13.  Arson or attempted arson under s. 806.01(1).
161     14.  Aggravated assault under s. 784.021.
162     15.  Aggravated stalking under s. 784.048(3), (4), (5), or
163(7).
164     16.  Aircraft piracy under s. 860.16.
165     17.  Unlawful throwing, placing, or discharging of a
166destructive device or bomb under s. 790.161(2), (3), or (4).
167     18.  Treason under s. 876.32.
168     19.  Any offense committed in another jurisdiction that
169would be an offense listed in this paragraph if that offense had
170been committed in this state.
171     (d)  In the case of an alleged violation of probation or
172community control by a violent felony offender of special
173concern, other than a failure to pay costs, fines, or
174restitution, the offender shall remain in custody pending the
175resolution of the probation or community control violation. The
176court shall not dismiss the probation or community control
177violation warrant pending against a violent felony offender of
178special concern without holding a recorded violation of
179probation hearing at which both the state and the offender are
180represented.
181     (e)  If the court, after conducting the hearing required by
182paragraph (d), determines that a violent felony offender of
183special concern has committed a violation of probation or
184community control other than a failure to pay costs, fines, or
185restitution, the court shall decide whether to revoke the
186probation or community control.
187     1.  If the court determines, by a preponderance of the
188evidence, that a violent felony offender of special concern
189poses a danger to community, the court shall revoke probation or
190community control and shall sentence the offender under s.
191921.0024 up to the statutory maximum.
192     2.  In determining the danger to the community posed by the
193offender's release, the court may consider:
194     a.  The nature and circumstances of the violation and any
195new offenses charged.
196     b.  The offender's past and present conduct, including
197convictions of crimes.
198     c.  The offender's family ties, length of residence in the
199community, employment history, and mental condition.
200     d.  The offender's amenability to nonincarcerative
201sanctions based on his or her history and conduct during the
202probation or community control supervision from which the
203violation hearing arises and any other previous supervisions,
204including disciplinary records of previous incarcerations.
205     e.  The likelihood that the offender will engage again in a
206criminal course of conduct.
207     f.  The weight of the evidence against the offender.
208     g.  Any other facts the court considers relevant.
209     3.  The court must enter a written order in support of its
210finding.
211     Section 4.  Paragraph (b) of subsection (1) of section
212921.0024, Florida Statutes, is amended to read:
213     921.0024  Criminal Punishment Code; worksheet computations;
214scoresheets.--
215     (1)
216     (b)  WORKSHEET KEY:
217
218Legal status points are assessed when any form of legal status
219existed at the time the offender committed an offense before the
220court for sentencing. Four (4) sentence points are assessed for
221an offender's legal status.
222
223Community sanction violation points are assessed when a
224community sanction violation is before the court for sentencing.
225Six (6) sentence points are assessed for each community sanction
226violation, and each successive community sanction violation,
227unless any of the following apply:; however,
228     1.  If the community sanction violation includes a new
229felony conviction before the sentencing court, twelve (12)
230community sanction violation points are assessed for the such
231violation, and for each successive community sanction violation
232involving a new felony conviction.
233     2.  If the community sanction violation is committed by a
234violent felony offender of special concern as defined in s.
235948.06, but does not include a new felony conviction, nine (9)
236community sanction violation points are assessed for the
237violation and for each successive community sanction violation
238not involving a new felony conviction.
239     3.  If the community sanction violation is committed by a
240violent felony offender of special concern as defined in s.
241948.06, and includes a new felony conviction before the
242sentencing court, eighteen (18) community sanction violation
243points are assessed for the violation and for each successive
244community sanction violation involving a new felony conviction.
245
246Multiple counts of community sanction violations before the
247sentencing court shall not be a basis for multiplying the
248assessment of community sanction violation points.
249
250Prior serious felony points: If the offender has a primary
251offense or any additional offense ranked in level 8, level 9, or
252level 10, and one or more prior serious felonies, a single
253assessment of thirty (30) 30 points shall be added. For purposes
254of this section, a prior serious felony is an offense in the
255offender's prior record that is ranked in level 8, level 9, or
256level 10 under s. 921.0022 or s. 921.0023 and for which the
257offender is serving a sentence of confinement, supervision, or
258other sanction or for which the offender's date of release from
259confinement, supervision, or other sanction, whichever is later,
260is within 3 years before the date the primary offense or any
261additional offense was committed.
262
263Prior capital felony points: If the offender has one or more
264prior capital felonies in the offender's criminal record, points
265shall be added to the subtotal sentence points of the offender
266equal to twice the number of points the offender receives for
267the primary offense and any additional offense. A prior capital
268felony in the offender's criminal record is a previous capital
269felony offense for which the offender has entered a plea of nolo
270contendere or guilty or has been found guilty; or a felony in
271another jurisdiction which is a capital felony in that
272jurisdiction, or would be a capital felony if the offense were
273committed in this state.
274
275Possession of a firearm, semiautomatic firearm, or machine gun:
276If the offender is convicted of committing or attempting to
277commit any felony other than those enumerated in s. 775.087(2)
278while having in his or her possession: a firearm as defined in
279s. 790.001(6), an additional eighteen (18) 18 sentence points
280are assessed; or if the offender is convicted of committing or
281attempting to commit any felony other than those enumerated in
282s. 775.087(3) while having in his or her possession a
283semiautomatic firearm as defined in s. 775.087(3) or a machine
284gun as defined in s. 790.001(9), an additional twenty-five (25)
28525 sentence points are assessed.
286
287Sentencing multipliers:
288
289Drug trafficking: If the primary offense is drug trafficking
290under s. 893.135, the subtotal sentence points are multiplied,
291at the discretion of the court, for a level 7 or level 8
292offense, by 1.5. The state attorney may move the sentencing
293court to reduce or suspend the sentence of a person convicted of
294a level 7 or level 8 offense, if the offender provides
295substantial assistance as described in s. 893.135(4).
296
297Law enforcement protection: If the primary offense is a
298violation of the Law Enforcement Protection Act under s.
299775.0823(2), the subtotal sentence points are multiplied by 2.5.
300If the primary offense is a violation of s. 775.0823(3), (4),
301(5), (6), (7), or (8), the subtotal sentence points are
302multiplied by 2.0. If the primary offense is a violation of s.
303784.07(3) or s. 775.0875(1), or of the Law Enforcement
304Protection Act under s. 775.0823(9) or (10), the subtotal
305sentence points are multiplied by 1.5.
306
307Grand theft of a motor vehicle: If the primary offense is grand
308theft of the third degree involving a motor vehicle and in the
309offender's prior record, there are three or more grand thefts of
310the third degree involving a motor vehicle, the subtotal
311sentence points are multiplied by 1.5.
312
313Offense related to a criminal street gang: If the offender is
314convicted of the primary offense and committed that offense for
315the purpose of benefiting, promoting, or furthering the
316interests of a criminal street gang as prohibited under s.
317874.04, the subtotal sentence points are multiplied by 1.5.
318
319Domestic violence in the presence of a child: If the offender is
320convicted of the primary offense and the primary offense is a
321crime of domestic violence, as defined in s. 741.28, which was
322committed in the presence of a child under 16 years of age who
323is a family or household member as defined in s. 741.28(3) with
324the victim or perpetrator, the subtotal sentence points are
325multiplied by 1.5.
326     Section 5.  For the purpose of incorporating the amendment
327made by this act to section 948.06, Florida Statutes, in a
328reference thereto, paragraph (b) of subsection (2) of section
329948.012, Florida Statutes, is reenacted to read:
330     948.012  Split sentence of probation or community control
331and imprisonment.--
332     (2)  The court may also impose a split sentence whereby the
333defendant is sentenced to a term of probation which may be
334followed by a period of incarceration or, with respect to a
335felony, into community control, as follows:
336     (b)  If the offender does not meet the terms and conditions
337of probation or community control, the court may revoke, modify,
338or continue the probation or community control as provided in s.
339948.06. If the probation or community control is revoked, the
340court may impose any sentence that it could have imposed at the
341time the offender was placed on probation or community control.
342The court may not provide credit for time served for any portion
343of a probation or community control term toward a subsequent
344term of probation or community control. However, the court may
345not impose a subsequent term of probation or community control
346which, when combined with any amount of time served on preceding
347terms of probation or community control for offenses pending
348before the court for sentencing, would exceed the maximum
349penalty allowable as provided in s. 775.082. Such term of
350incarceration shall be served under applicable law or county
351ordinance governing service of sentences in state or county
352jurisdiction. This paragraph does not prohibit any other
353sanction provided by law.
354     Section 6.  For the purpose of incorporating the amendment
355made by this act to section 948.06, Florida Statutes, in a
356reference thereto, subsection (9) of section 948.10, Florida
357Statutes, is reenacted to read:
358     948.10  Community control programs.--
359     (9)  Procedures governing violations of community control
360shall be the same as those described in s. 948.06 with respect
361to probation.
362     Section 7.  For the purpose of incorporating the amendment
363made by this act to section 948.06, Florida Statutes, in a
364reference thereto, section 958.14, Florida Statutes, is
365reenacted to read:
366     958.14  Violation of probation or community control
367program.--A violation or alleged violation of probation or the
368terms of a community control program shall subject the youthful
369offender to the provisions of s. 948.06. However, no youthful
370offender shall be committed to the custody of the department for
371a substantive violation for a period longer than the maximum
372sentence for the offense for which he or she was found guilty,
373with credit for time served while incarcerated, or for a
374technical or nonsubstantive violation for a period longer than 6
375years or for a period longer than the maximum sentence for the
376offense for which he or she was found guilty, whichever is less,
377with credit for time served while incarcerated.
378     Section 8.  This act shall take effect July 1, 2006.


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