HB 85

1
A bill to be entitled
2An act relating to lewd or lascivious molestation;
3amending s. 775.082, F.S.; requiring life sentences for
4certain second or subsequent offenders; amending s.
5948.012, F.S.; conforming a cross-reference; reenacting s.
6800.04(5)(b), F.S., relating to lewd or lascivious
7offenses committed against persons less than 12 years of
8age, to incorporate the amendments made to s. 775.082,
9F.S., in a reference thereto; providing an effective date.
10
11Be It Enacted by the Legislature of the State of Florida:
12
13     Section 1.  Paragraph (a) of subsection (3) of section
14775.082, Florida Statutes, is amended to read:
15     775.082  Penalties; applicability of sentencing structures;
16mandatory minimum sentences for certain reoffenders previously
17released from prison.--
18     (3)  A person who has been convicted of any other
19designated felony may be punished as follows:
20     (a)1.  For a life felony committed prior to October 1,
211983, by a term of imprisonment for life or for a term of years
22not less than 30.
23     2.  For a life felony committed on or after October 1,
241983, by a term of imprisonment for life or by a term of
25imprisonment not exceeding 40 years.
26     3.  Except as provided in subparagraph 4., for a life
27felony committed on or after July 1, 1995, by a term of
28imprisonment for life or by imprisonment for a term of years not
29exceeding life imprisonment.
30     4.a.  Except as provided in sub-subparagraph b., for a life
31felony committed on or after September 1, 2005, which is a
32violation of s. 800.04(5)(b), by:
33     (I)a.  A term of imprisonment for life; or
34     (II)b.  A split sentence that is a term of not less than 25
35years' imprisonment and not exceeding life imprisonment,
36followed by probation or community control for the remainder of
37the person's natural life, as provided in s. 948.012(4).
38     b.  For a life felony committed on or after July 1, 2008,
39which is a person's second or subsequent violation of s.
40800.04(5)(b), by a term of imprisonment for life.
41     Section 2.  Subsection (4) of section 948.012, Florida
42Statutes, is amended to read:
43     948.012  Split sentence of probation or community control
44and imprisonment.--
45     (4)  Effective for offenses committed on or after September
461, 2005, the court must impose a split sentence pursuant to
47subsection (1) for any person who is convicted of a life felony
48for lewd and lascivious molestation pursuant to s. 800.04(5)(b)
49if the court imposes a term of years in accordance with s.
50775.082(3)(a)4.a.(II)b. rather than life imprisonment. The
51probation or community control portion of the split sentence
52imposed by the court for a defendant must extend for the
53duration of the defendant's natural life and include a condition
54that he or she be electronically monitored.
55     Section 3.  For the purpose of incorporating the amendment
56made by this act to section 775.082, Florida Statutes, in a
57reference thereto, paragraph (b) of subsection (5) of section
58800.04, Florida Statutes, is reenacted to read:
59     800.04  Lewd or lascivious offenses committed upon or in
60the presence of persons less than 16 years of age.--
61     (5)  LEWD OR LASCIVIOUS MOLESTATION.--
62     (b)  An offender 18 years of age or older who commits lewd
63or lascivious molestation against a victim less than 12 years of
64age commits a life felony, punishable as provided in s.
65775.082(3)(a)4.
66     Section 4.  This act shall take effect July 1, 2008.


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