Florida Senate - 2013 COMMITTEE AMENDMENT Bill No. CS for SB 1350 Barcode 294184 LEGISLATIVE ACTION Senate . House Comm: WD . 04/11/2013 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Appropriations Subcommittee on Criminal and Civil Justice (Joyner) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Subsections (1) and (3) of section 775.082, 6 Florida Statutes, are amended to read: 7 775.082 Penalties; applicability of sentencing structures; 8 mandatory minimum sentences for certain reoffenders previously 9 released from prison.— 10 (1)(a) Except as provided in paragraph (b), a person who 11 has been convicted of a capital felony shall be punished by 12 death if the proceeding held to determine sentence according to 13 the procedure set forth in s. 921.141 results in findings by the 14 court that such person shall be punished by death, otherwise 15 such person shall be punished by life imprisonment and shall be 16 ineligible for parole. 17 (b) A person who is convicted under s. 782.04 for an 18 offense that was committed before the person was 18 years of age 19 may be punished by life imprisonment if the judge at a mandatory 20 sentencing hearing concludes that life imprisonment is an 21 appropriate sentence. 22 1. In determining whether life imprisonment is an 23 appropriate sentence, the judge shall consider factors relevant 24 to the offense and to the defendant’s youth and attendant 25 circumstances, including, but not limited to: 26 a. The effect of the crime on the victim’s family and on 27 the community. 28 b. The nature and circumstances of the offense committed by 29 the defendant. 30 c. The defendant’s age, maturity, intellectual capacity, 31 and mental and emotional health at the time of the offense. 32 d. The defendant’s background, including his or her family, 33 home, and community environment. 34 e. The effect, if any, of immaturity, impetuosity, or 35 failure to appreciate risks and consequences on the defendant’s 36 participation in the offense. 37 f. The extent of the defendant’s participation in the 38 offense. 39 g. The effect, if any, of familial pressure or peer 40 pressure on the defendant’s actions. 41 h. The nature and extent of the defendant’s prior criminal 42 history. 43 i. The effect, if any, of characteristics attributable to 44 the defendant’s youth on the defendant’s judgment. 45 j. The defendant’s capacity for rehabilitation. 46 2. If the judge concludes that life imprisonment is not an 47 appropriate sentence, the defendant shall be punished by 48 imprisonment for a term of not less than 50 years. 49 3. A person who is sentenced under this paragraph shall 50 have his or her sentence reviewed after 25 years. The sentencing 51 court shall retain original jurisdiction for the duration of the 52 sentence for this purpose. 53 a. The Department of Corrections shall notify juvenile 54 offenders who are committed to the department of their 55 eligibility to participate in a resentencing hearing 18 months 56 before the beginning of their 25th year of incarceration. The 57 juvenile offender may apply to the court of original 58 jurisdiction requesting that a resentencing hearing be held. 59 b. The court shall hold a resentencing hearing to determine 60 whether the juvenile offender’s sentence should be modified. The 61 resentencing court shall consider all of the following: 62 (I) Whether the juvenile offender demonstrates maturity and 63 rehabilitation. 64 (II) Whether the juvenile offender remains at the same 65 level of risk to society as he or she did at the time of the 66 initial sentencing. 67 (III) The opinion of the victim’s next of kin. The absence 68 of the victim’s next of kin from the resentencing hearing may 69 not be a factor in the courts determination under this section. 70 (IV) Whether the juvenile offender was a relatively minor 71 participant in the criminal offense or acted under extreme 72 duress or the domination of another person. 73 (V) Whether the juvenile has shown sincere and sustained 74 remorse for the criminal offense. 75 (VI) Whether the juvenile offender’s age, maturity, and 76 psychological development at the time of the offense affected 77 his or her behavior. 78 (VII) Whether the juvenile offender has successfully 79 obtained a general educational development certificate or 80 completed another educational, technical, work, vocational, or 81 self-rehabilitation program. 82 (VIII) Whether the juvenile offender was a victim of 83 sexual, physical, or emotional abuse before he or she committed 84 the offense. 85 (IX) The results of any mental health assessment, risk 86 assessment, or evaluation of the juvenile offender as to 87 rehabilitation. 88 c. A juvenile offender is entitled to be represented by 89 counsel at the resentencing hearing and the court shall appoint 90 a public defender to represent the juvenile offender if the 91 juvenile cannot afford an attorney. 92 d. If the court determines at the resentencing hearing that 93 the juvenile offender has been rehabilitated and is reasonably 94 believed to be fit to reenter society based on the factors in 95 sub-subparagraph b., the court shall impose a term of probation 96 of at least 5 years. If the court determines that the juvenile 97 offender has not demonstrated rehabilitation and is not fit to 98 reenter society based on the factors in sub-subparagraph b., the 99 court shall not modify the juvenile offender’s sentence and 100 shall issue a written order stating the reasons therefore. 101 e. A juvenile offender who is not resentenced under this 102 subparagraph at his or her initial resentencing hearing is 103 eligible for a resentencing hearing every 5 years after the date 104 of the denial and every 5 years thereafter. 105 4. This paragraph shall apply retroactively to the extent 106 necessary to meet constitutional requirements for imposing a 107 life sentence on a defendant who is convicted of committing a 108 murder that occurred before the defendant was 18 years of age as 109 set forth by the United States Supreme Court in Miller v. 110 Alabama, 132 S. Ct. 2455 (2012). 111 (3) A person who has been convicted of any other designated 112 felony may be punished as follows: 113 (a)1. For a life felony committed beforeprior toOctober 114 1, 1983, by a term of imprisonment for life or for a term of 115 years not less than 30. 116 2. For a life felony committed on or after October 1, 1983, 117 by a term of imprisonment for life or by a term of imprisonment 118 not exceeding 40 years. 119 3. Except as provided in subparagraph 4., for a life felony 120 committed on or after July 1, 1995, by a term of imprisonment 121 for life or by imprisonment for a term of years not exceeding 122 life imprisonment. 123 4.a. Except as provided in sub-subparagraph b., for a life 124 felony committed on or after September 1, 2005, which is a 125 violation of s. 800.04(5)(b), by: 126 (I) A term of imprisonment for life; or 127 (II) A split sentence that is a term of not less than 25 128 years’ imprisonment and not exceeding life imprisonment, 129 followed by probation or community control for the remainder of 130 the person’s natural life, as provided in s. 948.012(4). 131 b. For a life felony committed on or after July 1, 2008, 132 which is a person’s second or subsequent violation of s. 133 800.04(5)(b), by a term of imprisonment for life. 134 5. A person convicted of a life felony or an offense 135 punishable by a term of years not exceeding life imprisonment, 136 other than an offense listed in 782.04, or an offense, other 137 than offense listed in 782.04 that was reclassified as a life 138 felony or an offense punishable by a term of years not exceeding 139 life, that was committed before the person was 18 years of age 140 shall be punished by a term of imprisonment not to exceed 50 141 years. 142 a. A person sentenced under this subparagraph shall have 143 his or her sentence reviewed after 15 years. The sentencing 144 court shall retain original jurisdiction for the duration of the 145 sentence for this purpose. 146 (I) The Department of Corrections shall notify juvenile 147 offenders who are committed to the department of their 148 eligibility to participate in a resentencing hearing 18 months 149 before the beginning of their 15th year of incarceration. The 150 juvenile offender may apply to the court of original 151 jurisdiction requesting that a resentencing hearing be held. 152 This subparagraph does not apply to juveniles sentenced to a 153 term of 15 years or less. 154 (II) The court shall hold a resentencing hearing to 155 determine whether the juvenile offender’s sentence should be 156 modified. The resentencing court shall consider all of the 157 following: 158 (A) Whether the juvenile offender demonstrates maturity and 159 rehabilitation. 160 (B) Whether the juvenile offender remains at the same level 161 of risk to society as he or she did at the time of the initial 162 sentencing. 163 (C) The opinion of the victim or the victim,’s next of kin. 164 The absence of the victim or the victim’s next of kin from the 165 resentencing hearing may not be a factor in the court’s 166 determination under this section. 167 (D) Whether the juvenile offender was a relatively minor 168 participant in the criminal offense or acted under extreme 169 duress or the domination of another person. 170 (E) Whether the juvenile has shown sincere and sustained 171 remorse for the criminal offense. 172 (F) Whether the juvenile offender’s age, maturity, and 173 psychological development at the time of the offense affected 174 his or her behavior. 175 (G) Whether the juvenile offender has successfully obtained 176 a general educational development certificate or completed 177 another educational, technical, work, vocational, or self 178 rehabilitation program. 179 (H) Whether the juvenile offender was a victim of sexual, 180 physical, or emotional abuse before he or she committed the 181 offense. 182 (I) The results of any mental health assessment, risk 183 assessment, or evaluation of the juvenile offender as to 184 rehabilitation. 185 (III) A juvenile offender is entitled to be represented by 186 counsel, and the court shall appoint a public defender to 187 represent the juvenile offender if the juvenile offender cannot 188 afford an attorney. 189 (IV) If the court determines at the resentencing hearing 190 that the juvenile offender has been rehabilitated and is 191 reasonably believed to be fit to reenter society based on these 192 factors, then a term of probation of at least 5 years, shall be 193 imposed. If the court determines that the juvenile offender has 194 not demonstrated rehabilitation and is not fit to reenter 195 society based on these factors, the court shall not modify the 196 juvenile offender’s sentence and shall issue a written order 197 stating the reasons therefore. 198 (V) A juvenile offender who is not resentenced under this 199 paragraph at the initial resentencing hearing is eligible for a 200 resentencing hearing 5 years after the date of the denial and 201 every 5 years after that. 202 b. This subparagraph shall apply retroactively to the 203 extent necessary to meet constitutional requirements as set 204 forth by the United States Supreme Court in Graham v. Florida, 205 560 US. _____ (2010). 206 (b) For a felony of the first degree, by a term of 207 imprisonment not exceeding 30 years or, when specifically 208 provided by statute, by imprisonment for a term of years not 209 exceeding life imprisonment. 210 (c) For a felony of the second degree, by a term of 211 imprisonment not exceeding 15 years. 212 (d) For a felony of the third degree, by a term of 213 imprisonment not exceeding 5 years. 214 Section 2. This act shall take effect July 1, 2013. 215 216 ================= T I T L E A M E N D M E N T ================ 217 And the title is amended as follows: 218 Delete everything before the enacting clause 219 and insert: 220 A bill to be entitled 221 An act relating to criminal penalties; amending s. 222 775.082, F.S.; providing criminal sentences applicable 223 to a person who was under the age of 18 years at the 224 time certain offenses were committed; requiring that a 225 judge consider certain factors before determining if 226 life imprisonment is an appropriate sentence; 227 providing for an alternative sentence if a sentence of 228 life imprisonment is inappropriate; establishing right 229 to resentencing hearing; specifying components of 230 resentencing hearing process; providing for 231 retroactive application to comply with constitutional 232 requirements; providing an effective date.