HB 1221

1
A bill to be entitled
2An act relating to assault or battery of a law enforcement
3officer or other specified persons; amending s. 775.082,
4F.S.; expanding the definition of the term "prison
5releasee reoffender" to include a defendant who commits
6any felony violation relating to an assault or battery of
7a law enforcement officer or other specified person for
8the purpose of sentencing the reoffender to certain
9specified periods of imprisonment; amending s. 775.084,
10F.S.; expanding the definitions of the terms "habitual
11violent felony offender" and "three-time violent felony
12offender" to include an offender who commits any felony
13violation relating to an assault or battery of a law
14enforcement officer or other specified person for the
15purpose of sentencing the offender to certain periods of
16imprisonment; reenacting s. 775.261(2)(a), F.S., relating
17to the Florida Career Offender Registration Act, to
18incorporate the amendments to ss. 775.082 and 775.084,
19F.S., in references thereto; reenacting s. 944.608(1),
20F.S., relating to information that must be given to the
21Department of Law Enforcement concerning a career
22offender, to incorporate the amendments to ss. 775.082 and
23775.084, F.S., in references thereto; reenacting s.
24944.609(1), F.S., relating to notification of information
25on a career offender who is in the custody of, or under
26supervision of, the Department of Corrections at the time
27of the inmate's release, to incorporate the amendments to
28ss. 775.082 and 775.084, F.S., in references thereto;
29reenacting s. 944.705(6), F.S., relating to notifying
30inmates of certain information at the time of the inmate's
31release, to incorporate the amendment to s. 775.082, F.S.,
32in references thereto; providing an effective date.
33
34Be It Enacted by the Legislature of the State of Florida:
35
36     Section 1.  Paragraph (a) of subsection (9) of section
37775.082, Florida Statutes, is amended to read:
38     775.082  Penalties; applicability of sentencing structures;
39mandatory minimum sentences for certain reoffenders previously
40released from prison.--
41     (9)(a)1.  "Prison releasee reoffender" means any defendant
42who commits, or attempts to commit:
43     a.  Treason;
44     b.  Murder;
45     c.  Manslaughter;
46     d.  Sexual battery;
47     e.  Carjacking;
48     f.  Home-invasion robbery;
49     g.  Robbery;
50     h.  Arson;
51     i.  Kidnapping;
52     j.  Aggravated assault with a deadly weapon;
53     k.  Aggravated battery;
54     l.  Aggravated stalking;
55     m.  Aircraft piracy;
56     n.  Unlawful throwing, placing, or discharging of a
57destructive device or bomb;
58     o.  Any felony that involves the use or threat of physical
59force or violence against an individual;
60     p.  Armed burglary;
61     q.  Burglary of a dwelling or burglary of an occupied
62structure; or
63     r.  Any felony violation of s. 784.07; or
64     s.r.  Any felony violation of s. 790.07, s. 800.04, s.
65827.03, or s. 827.071;
66
67within 3 years after being released from a state correctional
68facility operated by the Department of Corrections or a private
69vendor or within 3 years after being released from a
70correctional institution of another state, the District of
71Columbia, the United States, any possession or territory of the
72United States, or any foreign jurisdiction, following
73incarceration for an offense for which the sentence is
74punishable by more than 1 year in this state.
75     2.  "Prison releasee reoffender" also means any defendant
76who commits or attempts to commit any offense listed in sub-
77subparagraphs (a)1.a.-r. while the defendant was serving a
78prison sentence or on escape status from a state correctional
79facility operated by the Department of Corrections or a private
80vendor or while the defendant was on escape status from a
81correctional institution of another state, the District of
82Columbia, the United States, any possession or territory of the
83United States, or any foreign jurisdiction, following
84incarceration for an offense for which the sentence is
85punishable by more than 1 year in this state.
86     3.  If the state attorney determines that a defendant is a
87prison releasee reoffender as defined in subparagraph 1., the
88state attorney may seek to have the court sentence the defendant
89as a prison releasee reoffender. Upon proof from the state
90attorney that establishes by a preponderance of the evidence
91that a defendant is a prison releasee reoffender as defined in
92this section, such defendant is not eligible for sentencing
93under the sentencing guidelines and must be sentenced as
94follows:
95     a.  For a felony punishable by life, by a term of
96imprisonment for life;
97     b.  For a felony of the first degree, by a term of
98imprisonment of 30 years;
99     c.  For a felony of the second degree, by a term of
100imprisonment of 15 years; and
101     d.  For a felony of the third degree, by a term of
102imprisonment of 5 years.
103     Section 2.  Paragraphs (b) and (c) of subsection (1) of
104section 775.084, Florida Statutes, are amended to read:
105     775.084  Violent career criminals; habitual felony
106offenders and habitual violent felony offenders; three-time
107violent felony offenders; definitions; procedure; enhanced
108penalties or mandatory minimum prison terms.--
109     (1)  As used in this act:
110     (b)  "Habitual violent felony offender" means a defendant
111for whom the court may impose an extended term of imprisonment,
112as provided in paragraph (4)(b), if it finds that:
113     1.  The defendant has previously been convicted of a felony
114or an attempt or conspiracy to commit a felony and one or more
115of such convictions was for:
116     a.  Arson;
117     b.  Sexual battery;
118     c.  Robbery;
119     d.  Kidnapping;
120     e.  Aggravated child abuse;
121     f.  Aggravated abuse of an elderly person or disabled
122adult;
123     g.  Aggravated assault with a deadly weapon;
124     h.  Murder;
125     i.  Manslaughter;
126     j.  Aggravated manslaughter of an elderly person or
127disabled adult;
128     k.  Aggravated manslaughter of a child;
129     l.  Unlawful throwing, placing, or discharging of a
130destructive device or bomb;
131     m.  Armed burglary;
132     n.  Aggravated battery; or
133     o.  Any felony violation of s. 784.07; or
134     p.o.  Aggravated stalking.
135     2.  The felony for which the defendant is to be sentenced
136was committed:
137     a.  While the defendant was serving a prison sentence or
138other sentence, or court-ordered or lawfully imposed supervision
139that is imposed as a result of a prior conviction for an
140enumerated felony; or
141     b.  Within 5 years of the date of the conviction of the
142last prior enumerated felony, or within 5 years of the
143defendant's release from a prison sentence, probation, community
144control, control release, conditional release, parole, or court-
145ordered or lawfully imposed supervision or other sentence that
146is imposed as a result of a prior conviction for an enumerated
147felony, whichever is later.
148     3.  The defendant has not received a pardon on the ground
149of innocence for any crime that is necessary for the operation
150of this paragraph.
151     4.  A conviction of a crime necessary to the operation of
152this paragraph has not been set aside in any postconviction
153proceeding.
154     (c)  "Three-time violent felony offender" means a defendant
155for whom the court must impose a mandatory minimum term of
156imprisonment, as provided in paragraph (4)(c), if it finds that:
157     1.  The defendant has previously been convicted as an adult
158two or more times of a felony, or an attempt to commit a felony,
159and two or more of such convictions were for committing, or
160attempting to commit, any of the following offenses or
161combination thereof:
162     a.  Arson;
163     b.  Sexual battery;
164     c.  Robbery;
165     d.  Kidnapping;
166     e.  Aggravated child abuse;
167     f.  Aggravated abuse of an elderly person or disabled
168adult;
169     g.  Aggravated assault with a deadly weapon;
170     h.  Murder;
171     i.  Manslaughter;
172     j.  Aggravated manslaughter of an elderly person or
173disabled adult;
174     k.  Aggravated manslaughter of a child;
175     l.  Unlawful throwing, placing, or discharging of a
176destructive device or bomb;
177     m.  Armed burglary;
178     n.  Aggravated battery;
179     o.  Aggravated stalking;
180     p.  Home invasion/robbery;
181     q.  Carjacking; or
182     r.  Any felony violation of s. 784.07; or
183     s.r.  An offense that which is in violation of a law of any
184other jurisdiction if the elements of the offense are
185substantially similar to the elements of any felony offense
186enumerated in sub-subparagraphs a.-q., or an attempt to commit
187any such felony offense.
188     2.  The felony for which the defendant is to be sentenced
189is one of the felonies enumerated in sub-subparagraphs 1.a.-q.
190and was committed:
191     a.  While the defendant was serving a prison sentence or
192other sentence imposed as a result of a prior conviction for any
193offense enumerated in sub-subparagraphs 1.a.-r.; or
194     b.  Within 5 years after the date of the conviction of the
195last prior offense enumerated in sub-subparagraphs 1.a.-r., or
196within 5 years after the defendant's release from a prison
197sentence, probation, community control, or other sentence
198imposed as a result of a prior conviction for any offense
199enumerated in sub-subparagraphs 1.a.-r., whichever is later.
200     3.  The defendant has not received a pardon on the ground
201of innocence for any crime that is necessary for the operation
202of this paragraph.
203     4.  A conviction of a crime necessary to the operation of
204this paragraph has not been set aside in any postconviction
205proceeding.
206     Section 3.  For the purpose of incorporating the amendment
207made by this act to sections 775.082 and 775.084, Florida
208Statutes, in references thereto, paragraph (a) of subsection (2)
209of section 775.261, Florida Statutes, is reenacted to read:
210     775.261  The Florida Career Offender Registration Act.--
211     (2)  DEFINITIONS.--As used in this section, the term:
212     (a)  "Career offender" means any person who is designated
213as a habitual violent felony offender, a violent career
214criminal, or a three-time violent felony offender under s.
215775.084 or as a prison releasee reoffender under s. 775.082(9).
216     Section 4.  For the purpose of incorporating the amendment
217made by this act to sections 775.082 and 775.084, Florida
218Statutes, in references thereto, subsection (1) of section
219944.608, Florida Statutes, is reenacted to read:
220     944.608  Notification to Department of Law Enforcement of
221information on career offenders.--
222     (1)  As used in this section, the term "career offender"
223means a person who is in the custody or control of, or under the
224supervision of, the department or is in the custody or control
225of, or under the supervision of, a private correctional
226facility, and who is designated as a habitual violent felony
227offender, a violent career criminal, or a three-time violent
228felony offender under s. 775.084 or as a prison releasee
229reoffender under s. 775.082(9).
230     Section 5.  For the purpose of incorporating the amendment
231made by this act to sections 775.082 and 775.084, Florida
232Statutes, in references thereto, subsection (1) of section
233944.609, Florida Statutes, is reenacted to read:
234     944.609  Career offenders; notification upon release.--
235     (1)  As used in this section, the term "career offender"
236means a person who is in the custody or control of, or under the
237supervision of, the department or is in the custody or control
238of, or under the supervision of a private correctional facility,
239who is designated as a habitual violent felony offender, a
240violent career criminal, or a three-time violent felony offender
241under s. 775.084 or as a prison releasee reoffender under s.
242775.082(9).
243     Section 6.  For the purpose of incorporating the amendment
244made by this act to section 775.082, Florida Statutes, in
245references thereto, subsection (6) of section 944.705, Florida
246Statutes, is reenacted to read:
247     944.705  Release orientation program.--
248     (6)(a)  The department shall notify every inmate, in no
249less than 18-point type in the inmate's release documents, that
250the inmate may be sentenced pursuant to s. 775.082(9) if the
251inmate commits any felony offense described in s. 775.082(9)
252within 3 years after the inmate's release. This notice must be
253prefaced by the word "WARNING" in boldfaced type.
254     (b)  Nothing in this section precludes the sentencing of a
255person pursuant to s. 775.082(9), nor shall evidence that the
256department failed to provide this notice prohibit a person from
257being sentenced pursuant to s. 775.082(9).  The state shall not
258be required to demonstrate that a person received any notice
259from the department in order for the court to impose a sentence
260pursuant to s. 775.082(9).
261     Section 7.  This act shall take effect July 1, 2008.


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