Senate Bill sb2544c1

    Florida Senate - 2007                           CS for SB 2544

    By the Committee on Criminal Justice; and Senator Storms





    591-2609-07

  1                      A bill to be entitled

  2         An act relating to sexual offenses; amending s.

  3         775.082, F.S.; requiring life sentences for

  4         certain third or subsequent offenders;

  5         providing an effective date.

  6  

  7  Be It Enacted by the Legislature of the State of Florida:

  8  

  9         Section 1.  Paragraph (a) of subsection (3) of section

10  775.082, Florida Statutes, is amended to read:

11         775.082  Penalties; applicability of sentencing

12  structures; mandatory minimum sentences for certain

13  reoffenders previously released from prison.--

14         (3)  A person who has been convicted of any other

15  designated felony may be punished as follows:

16         (a)1.  For a life felony committed prior to October 1,

17  1983, by a term of imprisonment for life or for a term of

18  years not less than 30.

19         2.  Except as provided in subparagraph 3., for a life

20  felony committed on or after October 1, 1983, by a term of

21  imprisonment for life or by a term of imprisonment not

22  exceeding 40 years.

23         3.  Except as provided in subparagraph 4., for a life

24  felony committed on or after July 1, 1995, by a term of

25  imprisonment for life or by imprisonment for a term of years

26  not exceeding life imprisonment.

27         4.a.  Except as provided in sub-subparagraph b., for a

28  life felony committed on or after September 1, 2005, which is

29  a violation of s. 800.04(5)(b), by:

30         (I)a.  A term of imprisonment for life; or

31  

                                  1

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






    Florida Senate - 2007                           CS for SB 2544
    591-2609-07




 1         (II)b.  A split sentence that is a term of not less

 2  than 25 years' imprisonment and not exceeding life

 3  imprisonment, followed by probation or community control for

 4  the remainder of the person's natural life, as provided in s.

 5  948.012(4).

 6         b.  For a life felony committed on or after July 1,

 7  2007, which is a person's third or subsequent violation of s.

 8  800.04(5)(b), by a term of imprisonment for life.

 9         Section 2.  This act shall take effect July 1, 2007.

10  

11          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
12                         Senate Bill 2544

13                                 

14  -    Provides that for a life felony committed on or after
         July 1, 2007, which is a person's third or subsequent
15       conviction for lewd molestation by an adult against a
         victim less than 12 years of age, the person shall be
16       punished by a term of imprisonment for life.

17  -    Removes provisions from the original bill that amended
         the Dangerous Sexual Felony Offender Act and that
18       provided for reclassification of the degree of and
         mandatory minimum terms for person who have repeat
19       convictions for specified offenses.

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  2

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