1 | A bill to be entitled |
2 | An act relating to orders of no contact; amending s. |
3 | 921.244, F.S.; requiring that offenders convicted of |
4 | specified violent offenses be prohibited from having any |
5 | contact with the victim; providing penalties; providing |
6 | that the penalty for violation of such an order run |
7 | consecutive to the sentence for the original violation; |
8 | providing an effective date. |
9 |
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10 | Be It Enacted by the Legislature of the State of Florida: |
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12 | Section 1. Section 921.244, Florida Statutes, is amended |
13 | to read: |
14 | 921.244 Order of no contact; penalties.-- |
15 | (1) At the time of sentencing an offender convicted of a |
16 | violation of s. 794.011 or s. 800.04 or any offense in s. |
17 | 775.084(1)(b)1.a.-o., the court shall order that the offender be |
18 | prohibited from having any contact with the victim, directly or |
19 | indirectly, including through a third person, for the duration |
20 | of the sentence imposed. The court may reconsider the order upon |
21 | the request of the victim if the request is made at any time |
22 | after the victim has attained 18 years of age. In considering |
23 | the request, the court shall conduct an evidentiary hearing to |
24 | determine whether a change of circumstances has occurred which |
25 | warrants a change in the court order prohibiting contact and |
26 | whether it is in the best interest of the victim that the court |
27 | order be modified or rescinded. |
28 | (2) Any offender who violates a court order issued under |
29 | this section commits a felony of the third degree, punishable as |
30 | provided in s. 775.082, s. 775.083, or s. 775.084. |
31 | (3) The punishment imposed under this section shall run |
32 | consecutive to any former sentence imposed for a conviction for |
33 | any offense under s. 794.011 or s. 800.04 or any offense in s. |
34 | 775.084(1)(b)1.a.-o. |
35 | Section 2. This act shall take effect October 1, 2008. |