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The Committee on Criminal Justice Dockery moved the following

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substitute for amendment (640878):

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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Section 1.  Section 921.244, Florida Statutes, is amended to

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read:

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     921.244  Order of no contact; penalties.--

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     (1)  At the time of sentencing an offender convicted of a

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violation of s. 794.011 or s. 800.04 or any offense in s.

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775.084(1)(b)1.a.-o., the court shall order that the offender be

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prohibited from having any contact with the victim, directly or

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indirectly, including through a third person, for the duration

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of the sentence imposed. The court may reconsider the order upon

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the request of the victim if the request is made at any time

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after the victim has attained 18 years of age or upon the

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request of a guardian ad litem on behalf of a child victim if

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the guardian ad litem affirms that he or she believes that the

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contact would not be harmful to the child. In considering the

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request, the court shall conduct an evidentiary hearing to

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determine whether a change of circumstances has occurred which

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warrants a change in the court order prohibiting contact and

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whether it is in the best interest of the victim that the court

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order be modified or rescinded.

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     (2)  Any offender who violates a court order issued under

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this section commits a felony of the third degree, punishable as

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provided in s. 775.082, s. 775.083, or s. 775.084.

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     (3)  The punishment imposed under this section shall run

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consecutive to any former sentence imposed for a conviction for

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any offense under s. 794.011 or s. 800.04 or any offense in s.

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775.084(1)(b)1.a.-o.

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     Section 2.  This act shall take effect October 1, 2008.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete everything before the enacting clause

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and insert:

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A bill to be entitled

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An act relating to orders of no contact; amending s.

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921.244, F.S.; requiring that offenders convicted of

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specified violent offenses be prohibited from having any

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contact with the victim; providing that a guardian ad

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litem of a child victim may request the court to

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reconsider the order prohibiting the offender from having

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contact with the child victim under certain circumstances;

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providing penalties; providing that the penalty for

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violation of such an order run consecutive to the sentence

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for the original violation; providing an effective date.

2/22/2008  3:33:00 PM     CJ.CJ.03976