Senate Bill sb2544e1

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    CS for SB 2544                                 First Engrossed



  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 second or subsequent offenders;

  5         amending s. 794.0115, F.S.; adding offenses to

  6         dangerous sexual felony offender law; requiring

  7         mandatory minimum life sentences for certain

  8         offenders; providing an effective date.

  9  

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

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

13  775.082, Florida Statutes, is amended to read:

14         775.082  Penalties; applicability of sentencing

15  structures; mandatory minimum sentences for certain

16  reoffenders previously released from prison.--

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

18  designated felony may be punished as follows:

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

20  1983, by a term of imprisonment for life or for a term of

21  years not less than 30.

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

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

24  imprisonment for life or by a term of imprisonment not

25  exceeding 40 years.

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

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

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

29  not exceeding life imprisonment.

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    CS for SB 2544                                 First Engrossed



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

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

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

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

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

 6  than 25 years' imprisonment and not exceeding life

 7  imprisonment, followed by probation or community control for

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

 9  948.012(4).

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

11  2007, which is a person's second or subsequent violation of s.

12  800.04(5)(b), by a term of imprisonment for life.

13         Section 2.  Section 794.0115, Florida Statutes, is

14  amended to read:

15         794.0115  Dangerous sexual felony offender; mandatory

16  sentencing.--

17         (1)  This section may be cited as the "Dangerous Sexual

18  Felony Offender Act."

19         (2)  Any person who is convicted of a violation of s.

20  787.025(2)(c); s. 794.011(2), (3), (4), (5), or (8); s.

21  796.03; s. 794.065(1); s. 800.04(4), or (5), (6)(b), or

22  (7)(c); s. 825.1025(2), or (3), or (4); s. 827.071(2), (3), or

23  (4), or (5); or s. 847.0145; or of any similar offense under a

24  former designation, which offense the person committed when he

25  or she was 18 years of age or older, and the person:

26         (a)  Caused serious personal injury to the victim as a

27  result of the commission of the offense;

28         (b)  Used or threatened to use a deadly weapon during

29  the commission of the offense;

30         (c)  Victimized more than one person during the course

31  of the criminal episode applicable to the offense;


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 1         (d)  Committed the offense while under the jurisdiction

 2  of a court for a felony offense under the laws of this state,

 3  for an offense that is a felony in another jurisdiction, or

 4  for an offense that would be a felony if that offense were

 5  committed in this state; or

 6         (e)  Has previously been convicted of a violation of s.

 7  787.025(2)(c); s. 794.011(2), (3), (4), (5), or (8); s.

 8  796.03; s. 794.065(1); s. 800.04(4), or (5), (6)(b), or

 9  (7)(c); s. 825.1025(2), or (3), or (4); s. 827.071(2), (3), or

10  (4), or (5); s. 847.0145; of any offense under a former

11  statutory designation which is similar in elements to an

12  offense described in this paragraph; or of any offense that is

13  a felony in another jurisdiction, or would be a felony if that

14  offense were committed in this state, and which is similar in

15  elements to an offense described in this paragraph,

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17  is a dangerous sexual felony offender, who must be sentenced

18  to a mandatory minimum term of 25 years imprisonment up to,

19  and including, life imprisonment.

20         (3)(a)  Any person who:

21         1.  Is convicted of a violation of s. 787.025(2)(c); s.

22  794.011(2), (3), (4), (5), or (8); s. 796.03; s. 794.065(1);

23  s. 800.04(4), (5), (6)(b), or (7)(c); s. 825.1025(2), (3), or

24  (4); s. 827.071(2), (3), (4), or (5); or s. 847.0145 and was

25  18 years of age or older at the time of the offense; and

26         2.  Has been twice previously been convicted of a

27  violation of s. 787.025(2)(c); s. 794.011(2), (3), (4), (5),

28  or (8); s. 796.03; s. 794.065(1); s. 800.04(4),(5), (6)(b), or

29  (7)(c); s. 825.1025(2), (3) or (4); s. 827.071(2), (3), (4) or

30  (5); or s. 847.0145,

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 1  must be sentenced to a mandatory minimum term of life

 2  imprisonment.

 3         (b)  For purposes of this subsection, any offense

 4  listed in this subsection includes any offense under a former

 5  designation which is similar in elements to an offense

 6  described in this subsection and any offense that is a felony

 7  in another jurisdiction, or would be a felony if that offense

 8  were committed in this state, and that is similar in elements

 9  to an offense described in this subsection.

10         (4)(3)  "Serious personal injury" means great bodily

11  harm or pain, permanent disability, or permanent

12  disfigurement.

13         (5)(4)  The offense described in subsection (2) or

14  subsection (3) which is being charged must have been committed

15  after the date of commission of the last prior conviction for

16  an offense that is a prior conviction described in paragraph

17  (2)(e) or subsection (3).

18         (6)(5)  It is irrelevant that a factor listed in

19  subsection (2) is an element of an offense described in that

20  subsection. It is also irrelevant that such an offense was

21  reclassified to a higher felony degree under s. 794.023 or any

22  other law.

23         (7)(6)  Notwithstanding s. 775.082(3), chapter 958, any

24  other law, or any interpretation or construction thereof, a

25  person subject to sentencing under this section must be

26  sentenced to the mandatory term of imprisonment provided under

27  this section. If the mandatory minimum term of imprisonment

28  imposed under this section exceeds the maximum sentence

29  authorized under s. 775.082, s. 775.084, or chapter 921, the

30  mandatory minimum term of imprisonment under this section must

31  be imposed. If the mandatory minimum term of imprisonment


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    CS for SB 2544                                 First Engrossed



 1  under this section is less than the sentence that could be

 2  imposed under s. 775.082, s. 775.084, or chapter 921, the

 3  sentence imposed must include the mandatory minimum term of

 4  imprisonment under this section.

 5         (8)(7)  A defendant sentenced to a mandatory minimum

 6  term of imprisonment under this section is not eligible for

 7  statutory gain-time under s. 944.275 or any form of

 8  discretionary early release, other than pardon or executive

 9  clemency, or conditional medical release under s. 947.149,

10  before serving the minimum sentence.

11         Section 3.  This act shall take effect July 1, 2007.

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