HB 41

1
A bill to be entitled
2An act relating to lewd or lascivious molestation;
3amending s. 775.082, F.S.; requiring life sentences for
4certain second or subsequent offenders; reenacting s.
5800.04(5)(b), F.S., relating to lewd or lascivious
6offenses committed against persons less than 12 years of
7age, to incorporate the amendments made to s. 775.082,
8F.S., in a reference thereto; providing an effective date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12     Section 1.  Paragraph (a) of subsection (3) of section
13775.082, Florida Statutes, is amended to read:
14     775.082  Penalties; applicability of sentencing structures;
15mandatory minimum sentences for certain reoffenders previously
16released from prison.--
17     (3)  A person who has been convicted of any other
18designated felony may be punished as follows:
19     (a)1.  For a life felony committed prior to October 1,
201983, by a term of imprisonment for life or for a term of years
21not less than 30.
22     2.  For a life felony committed on or after October 1,
231983, by a term of imprisonment for life or by a term of
24imprisonment not exceeding 40 years.
25     3.  Except as provided in subparagraph 4., for a life
26felony committed on or after July 1, 1995, by a term of
27imprisonment for life or by imprisonment for a term of years not
28exceeding life imprisonment.
29     4.a.  Except as provided in sub-subparagraph b., for a life
30felony committed on or after September 1, 2005, which is a
31violation of s. 800.04(5)(b), by:
32     (I)a.  A term of imprisonment for life; or
33     (II)b.  A split sentence that is a term of not less than 25
34years' imprisonment and not exceeding life imprisonment,
35followed by probation or community control for the remainder of
36the person's natural life, as provided in s. 948.012(4).
37     b.  For a life felony committed on or after July 1, 2007,
38which is a person's second or subsequent violation of s.
39800.04(5)(b), by a term of imprisonment for life.
40     Section 2.  For the purpose of incorporating the amendment
41made by this act to section 775.082, Florida Statutes, in a
42reference thereto, paragraph (b) of subsection (5) of section
43800.04, Florida Statutes, is reenacted to read:
44     800.04  Lewd or lascivious offenses committed upon or in
45the presence of persons less than 16 years of age.--
46     (5)  LEWD OR LASCIVIOUS MOLESTATION.--
47     (b)  An offender 18 years of age or older who commits lewd
48or lascivious molestation against a victim less than 12 years of
49age commits a life felony, punishable as provided in s.
50775.082(3)(a)4.
51     Section 3.  This act shall take effect July 1, 2007.


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