HB 29

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 this
94section, the probationer or offender shall not be released and
95shall not be admitted to bail, but shall be brought before the
96court that granted the probation or community control.
97     (8)(a)  In addition to complying with the provisions of
98subsections (1)-(7), a probationer or offender in community
99control who is a violent felony offender of special concern
100shall comply with this subsection. The provisions of this
101subsection shall control over any conflicting provisions in
102subsections (1)-(7).
103     (b)  For purposes of this section and ss. 903.0351 and
104921.0024, the term "violent felony offender of special concern"
105means a person who is on:
106     1.  Probation or community control related to the
107commission of a qualifying offense committed on or after July 1,
1082007;
109     2.  Probation or community control for any offense
110committed on or after July 1, 2007, and has previously been
111convicted of or had adjudication withheld for a qualifying
112offense;
113     3.  Probation or community control for any offense
114committed on or after July 1, 2007, and is found to have
115violated that probation or community control by committing a
116qualifying offense;
117     4.  Probation or community control and has previously been
118found by a court to be a habitual violent felony offender as
119defined in s. 775.084(1)(b) and has committed a qualifying
120offense on or after July 1, 2007;
121     5.  Probation or community control and has previously been
122found by a court to be a three-time violent felony offender as
123defined in s. 775.084(1)(c) and has committed a qualifying
124offense on or after July 1, 2007; or
125     6.  Probation or community control and has previously been
126found by a court to be a sexual predator under s. 775.21 and has
127committed a qualifying offense on or after July 1, 2007.
128     (c)  For purposes of this section, the term "qualifying
129offense" means any of the following:
130     1.  Kidnapping or attempted kidnapping under s. 787.01,
131false imprisonment of a child under the age of 13 under s.
132787.02(3), or luring or enticing a child under s. 787.025.
133     2.  Murder or attempted murder under s. 782.04, attempted
134felony murder under s. 782.051, or manslaughter under s. 782.07.
135     3.  Aggravated battery or attempted aggravated battery
136under s. 784.045.
137     4.  Sexual battery or attempted sexual battery under s.
138794.011(2), (3), or (4).
139     5.  Lewd or lascivious battery or attempted lewd or
140lascivious battery under s. 800.04(4) or lewd or lascivious
141molestation under s. 800.04(5)(b).
142     6.  Robbery or attempted robbery under s. 812.13,
143carjacking under s. 812.133, or home invasion robbery under s.
144812.135.
145     7.  Lewd or lascivious offense upon or in the presence of
146an elderly or disabled person or attempted lewd or lascivious
147offense upon or in the presence of an elderly or disabled person
148under s. 825.1025.
149     8.  Sexual performance by a child or attempted sexual
150performance by a child under s. 827.071.
151     9.  Computer pornography under s. 847.0135(2) or (3),
152transmission of child pornography under s. 847.0137, or selling
153or buying of minors under s. 847.0145.
154     10.  Poisoning food or water under s. 859.01.
155     11.  Abuse of a dead human body under s. 872.06.
156     12.  Any burglary offense or attempted burglary offense
157that is either a first or second degree felony under s.
158810.02(2) or (3).
159     13.  Arson or attempted arson under s. 806.01(1).
160     14.  Aggravated assault under s. 784.021.
161     15.  Aggravated stalking under s. 784.048(3), (4), (5), or
162(7).
163     16.  Aircraft piracy under s. 860.16.
164     17.  Unlawful throwing, placing, or discharging of a
165destructive device or bomb under s. 790.161(2), (3), or (4).
166     18.  Treason under s. 876.32.
167     19.  Any offense committed in another jurisdiction that
168would be an offense listed in this paragraph if that offense had
169been committed in this state.
170     (d)  In the case of an alleged violation of probation or
171community control by a violent felony offender of special
172concern, other than a failure to pay costs, fines, or
173restitution, the offender shall remain in custody pending the
174resolution of the probation or community control violation. The
175court shall not dismiss the probation or community control
176violation warrant pending against a violent felony offender of
177special concern without holding a recorded violation of
178probation hearing at which both the state and the offender are
179represented.
180     (e)  If the court, after conducting the hearing required by
181paragraph (d), determines that a violent felony offender of
182special concern has committed a violation of probation or
183community control other than a failure to pay costs, fines, or
184restitution, the court shall decide whether to revoke the
185probation or community control.
186     1.  If the court determines, by a preponderance of the
187evidence, that a violent felony offender of special concern
188poses a danger to the community, the court shall revoke
189probation or community control and shall sentence the offender
190under s. 921.0024 up to the statutory maximum.
191     2.  In determining the danger to the community posed by the
192offender's release, the court may consider:
193     a.  The nature and circumstances of the violation and any
194new offenses charged.
195     b.  The offender's past and present conduct, including
196criminal convictions.
197     c.  The offender's family ties, length of residence in the
198community, employment history, and mental condition.
199     d.  The offender's amenability to nonincarcerative
200sanctions based on his or her history and conduct during the
201probation or community control supervision from which the
202violation hearing arises and any other previous supervisions,
203including disciplinary records of previous incarcerations.
204     e.  The likelihood that the offender will engage again in a
205criminal course of conduct.
206     f.  The weight of the evidence against the offender.
207     g.  Any other facts the court considers relevant.
208     3.  The court must enter a written order in support of its
209finding.
210     Section 4.  Paragraph (b) of subsection (1) of section
211921.0024, Florida Statutes, is amended to read:
212     921.0024  Criminal Punishment Code; worksheet computations;
213scoresheets.--
214     (1)
215     (b)  WORKSHEET KEY:
216
217Legal status points are assessed when any form of legal status
218existed at the time the offender committed an offense before the
219court for sentencing. Four (4) sentence points are assessed for
220an offender's legal status.
221
222Community sanction violation points are assessed when a
223community sanction violation is before the court for sentencing.
224Six (6) sentence points are assessed for each community sanction
225violation, and each successive community sanction violation,
226unless any of the following apply:; however,
227     1.  If the community sanction violation includes a new
228felony conviction before the sentencing court, twelve (12)
229community sanction violation points are assessed for the such
230violation, and for each successive community sanction violation
231involving a new felony conviction.
232     2.  If the community sanction violation is committed by a
233violent felony offender of special concern as defined in s.
234948.06, but does not include a new felony conviction, nine (9)
235community sanction violation points are assessed for the
236violation and for each successive community sanction violation
237not involving a new felony conviction.
238     3.  If the community sanction violation is committed by a
239violent felony offender of special concern as defined in s.
240948.06, and includes a new felony conviction before the
241sentencing court, eighteen (18) community sanction violation
242points are assessed for the violation and for each successive
243community sanction violation involving a new felony conviction.
244
245Multiple counts of community sanction violations before the
246sentencing court shall not be a basis for multiplying the
247assessment of community sanction violation points.
248
249Prior serious felony points: If the offender has a primary
250offense or any additional offense ranked in level 8, level 9, or
251level 10, and one or more prior serious felonies, a single
252assessment of thirty (30) 30 points shall be added. For purposes
253of this section, a prior serious felony is an offense in the
254offender's prior record that is ranked in level 8, level 9, or
255level 10 under s. 921.0022 or s. 921.0023 and for which the
256offender is serving a sentence of confinement, supervision, or
257other sanction or for which the offender's date of release from
258confinement, supervision, or other sanction, whichever is later,
259is within 3 years before the date the primary offense or any
260additional offense was committed.
261
262Prior capital felony points: If the offender has one or more
263prior capital felonies in the offender's criminal record, points
264shall be added to the subtotal sentence points of the offender
265equal to twice the number of points the offender receives for
266the primary offense and any additional offense. A prior capital
267felony in the offender's criminal record is a previous capital
268felony offense for which the offender has entered a plea of nolo
269contendere or guilty or has been found guilty; or a felony in
270another jurisdiction which is a capital felony in that
271jurisdiction, or would be a capital felony if the offense were
272committed in this state.
273
274Possession of a firearm, semiautomatic firearm, or machine gun:
275If the offender is convicted of committing or attempting to
276commit any felony other than those enumerated in s. 775.087(2)
277while having in his or her possession: a firearm as defined in
278s. 790.001(6), an additional eighteen (18) 18 sentence points
279are assessed; or if the offender is convicted of committing or
280attempting to commit any felony other than those enumerated in
281s. 775.087(3) while having in his or her possession a
282semiautomatic firearm as defined in s. 775.087(3) or a machine
283gun as defined in s. 790.001(9), an additional twenty-five (25)
28425 sentence points are assessed.
285
286Sentencing multipliers:
287
288Drug trafficking: If the primary offense is drug trafficking
289under s. 893.135, the subtotal sentence points are multiplied,
290at the discretion of the court, for a level 7 or level 8
291offense, by 1.5. The state attorney may move the sentencing
292court to reduce or suspend the sentence of a person convicted of
293a level 7 or level 8 offense, if the offender provides
294substantial assistance as described in s. 893.135(4).
295
296Law enforcement protection: If the primary offense is a
297violation of the Law Enforcement Protection Act under s.
298775.0823(2), the subtotal sentence points are multiplied by 2.5.
299If the primary offense is a violation of s. 775.0823(3), (4),
300(5), (6), (7), or (8), the subtotal sentence points are
301multiplied by 2.0. If the primary offense is a violation of s.
302784.07(3) or s. 775.0875(1), or of the Law Enforcement
303Protection Act under s. 775.0823(9) or (10), the subtotal
304sentence points are multiplied by 1.5.
305
306Grand theft of a motor vehicle: If the primary offense is grand
307theft of the third degree involving a motor vehicle and in the
308offender's prior record, there are three or more grand thefts of
309the third degree involving a motor vehicle, the subtotal
310sentence points are multiplied by 1.5.
311
312Offense related to a criminal street gang: If the offender is
313convicted of the primary offense and committed that offense for
314the purpose of benefiting, promoting, or furthering the
315interests of a criminal street gang as prohibited under s.
316874.04, the subtotal sentence points are multiplied by 1.5.
317
318Domestic violence in the presence of a child: If the offender is
319convicted of the primary offense and the primary offense is a
320crime of domestic violence, as defined in s. 741.28, which was
321committed in the presence of a child under 16 years of age who
322is a family or household member as defined in s. 741.28(3) with
323the victim or perpetrator, the subtotal sentence points are
324multiplied by 1.5.
325     Section 5.  For the purpose of incorporating the amendment
326made by this act to section 948.06, Florida Statutes, in a
327reference thereto, paragraph (b) of subsection (2) of section
328948.012, Florida Statutes, is reenacted to read:
329     948.012  Split sentence of probation or community control
330and imprisonment.--
331     (2)  The court may also impose a split sentence whereby the
332defendant is sentenced to a term of probation which may be
333followed by a period of incarceration or, with respect to a
334felony, into community control, as follows:
335     (b)  If the offender does not meet the terms and conditions
336of probation or community control, the court may revoke, modify,
337or continue the probation or community control as provided in s.
338948.06. If the probation or community control is revoked, the
339court may impose any sentence that it could have imposed at the
340time the offender was placed on probation or community control.
341The court may not provide credit for time served for any portion
342of a probation or community control term toward a subsequent
343term of probation or community control. However, the court may
344not impose a subsequent term of probation or community control
345which, when combined with any amount of time served on preceding
346terms of probation or community control for offenses pending
347before the court for sentencing, would exceed the maximum
348penalty allowable as provided in s. 775.082. Such term of
349incarceration shall be served under applicable law or county
350ordinance governing service of sentences in state or county
351jurisdiction. This paragraph does not prohibit any other
352sanction provided by law.
353     Section 6.  For the purpose of incorporating the amendment
354made by this act to section 948.06, Florida Statutes, in a
355reference thereto, subsection (9) of section 948.10, Florida
356Statutes, is reenacted to read:
357     948.10  Community control programs.--
358     (9)  Procedures governing violations of community control
359shall be the same as those described in s. 948.06 with respect
360to probation.
361     Section 7.  For the purpose of incorporating the amendment
362made by this act to section 948.06, Florida Statutes, in a
363reference thereto, section 958.14, Florida Statutes, is
364reenacted to read:
365     958.14  Violation of probation or community control
366program.--A violation or alleged violation of probation or the
367terms of a community control program shall subject the youthful
368offender to the provisions of s. 948.06. However, no youthful
369offender shall be committed to the custody of the department for
370a substantive violation for a period longer than the maximum
371sentence for the offense for which he or she was found guilty,
372with credit for time served while incarcerated, or for a
373technical or nonsubstantive violation for a period longer than 6
374years or for a period longer than the maximum sentence for the
375offense for which he or she was found guilty, whichever is less,
376with credit for time served while incarcerated.
377     Section 8.  This act shall take effect July 1, 2007.


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