| 1 | A bill to be entitled |
| 2 | An act relating to lewd or lascivious molestation; |
| 3 | amending s. 775.082, F.S.; requiring life sentences for |
| 4 | certain second or subsequent offenders; amending s. |
| 5 | 948.012, F.S.; conforming a cross-reference; reenacting s. |
| 6 | 800.04(5)(b), F.S., relating to lewd or lascivious |
| 7 | offenses committed against persons less than 12 years of |
| 8 | age, to incorporate the amendments made to s. 775.082, |
| 9 | F.S., in a reference thereto; providing an effective date. |
| 10 |
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| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
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| 13 | Section 1. Paragraph (a) of subsection (3) of section |
| 14 | 775.082, Florida Statutes, is amended to read: |
| 15 | 775.082 Penalties; applicability of sentencing structures; |
| 16 | mandatory minimum sentences for certain reoffenders previously |
| 17 | released from prison.-- |
| 18 | (3) A person who has been convicted of any other |
| 19 | designated felony may be punished as follows: |
| 20 | (a)1. For a life felony committed prior to October 1, |
| 21 | 1983, by a term of imprisonment for life or for a term of years |
| 22 | not less than 30. |
| 23 | 2. For a life felony committed on or after October 1, |
| 24 | 1983, by a term of imprisonment for life or by a term of |
| 25 | imprisonment not exceeding 40 years. |
| 26 | 3. Except as provided in subparagraph 4., for a life |
| 27 | felony committed on or after July 1, 1995, by a term of |
| 28 | imprisonment for life or by imprisonment for a term of years not |
| 29 | exceeding life imprisonment. |
| 30 | 4.a. Except as provided in sub-subparagraph b., for a life |
| 31 | felony committed on or after September 1, 2005, which is a |
| 32 | violation 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 |
| 35 | years' imprisonment and not exceeding life imprisonment, |
| 36 | followed by probation or community control for the remainder of |
| 37 | the person's natural life, as provided in s. 948.012(4). |
| 38 | b. For a life felony committed on or after July 1, 2008, |
| 39 | which is a person's second or subsequent violation of s. |
| 40 | 800.04(5)(b), by a term of imprisonment for life. |
| 41 | Section 2. Subsection (4) of section 948.012, Florida |
| 42 | Statutes, is amended to read: |
| 43 | 948.012 Split sentence of probation or community control |
| 44 | and imprisonment.-- |
| 45 | (4) Effective for offenses committed on or after September |
| 46 | 1, 2005, the court must impose a split sentence pursuant to |
| 47 | subsection (1) for any person who is convicted of a life felony |
| 48 | for lewd and lascivious molestation pursuant to s. 800.04(5)(b) |
| 49 | if the court imposes a term of years in accordance with s. |
| 50 | 775.082(3)(a)4.a.(II)b. rather than life imprisonment. The |
| 51 | probation or community control portion of the split sentence |
| 52 | imposed by the court for a defendant must extend for the |
| 53 | duration of the defendant's natural life and include a condition |
| 54 | that he or she be electronically monitored. |
| 55 | Section 3. For the purpose of incorporating the amendment |
| 56 | made by this act to section 775.082, Florida Statutes, in a |
| 57 | reference thereto, paragraph (b) of subsection (5) of section |
| 58 | 800.04, Florida Statutes, is reenacted to read: |
| 59 | 800.04 Lewd or lascivious offenses committed upon or in |
| 60 | the 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 |
| 63 | or lascivious molestation against a victim less than 12 years of |
| 64 | age commits a life felony, punishable as provided in s. |
| 65 | 775.082(3)(a)4. |
| 66 | Section 4. This act shall take effect July 1, 2008. |