Florida Senate - 2008 CS for SB 622

By the Committee on Criminal Justice; and Senator Dockery

591-04021-08 2008622c1

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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 penalties; providing

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that the penalty for violation of such an order run

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consecutive to the sentence for the original violation;

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providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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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 of

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

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

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the victim has attained 18 years of age. 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.

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