HB 117

1
A bill to be entitled
2An act relating to orders of no contact; amending s.
3921.244, F.S.; requiring that offenders convicted of
4specified violent offenses be prohibited from having any
5contact with the victim; providing penalties; providing
6that the penalty for violation of such an order run
7consecutive to the sentence for the original violation;
8providing an effective date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12     Section 1.  Section 921.244, Florida Statutes, is amended
13to read:
14     921.244  Order of no contact; penalties.--
15     (1)  At the time of sentencing an offender convicted of a
16violation of s. 794.011 or s. 800.04 or any offense in s.
17775.084(1)(b)1.a.-o., the court shall order that the offender be
18prohibited from having any contact with the victim, directly or
19indirectly, including through a third person, for the duration
20of the sentence imposed. The court may reconsider the order upon
21the request of the victim if the request is made at any time
22after the victim has attained 18 years of age. In considering
23the request, the court shall conduct an evidentiary hearing to
24determine whether a change of circumstances has occurred which
25warrants a change in the court order prohibiting contact and
26whether it is in the best interest of the victim that the court
27order be modified or rescinded.
28     (2)  Any offender who violates a court order issued under
29this section commits a felony of the third degree, punishable as
30provided in s. 775.082, s. 775.083, or s. 775.084.
31     (3)  The punishment imposed under this section shall run
32consecutive to any former sentence imposed for a conviction for
33any offense under s. 794.011 or s. 800.04 or any offense in s.
34775.084(1)(b)1.a.-o.
35     Section 2.  This act shall take effect October 1, 2008.


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