Florida Senate - 2013 SENATOR AMENDMENT Bill No. CS/SB 1350, 1st Eng. Barcode 786860 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Bradley moved 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 of a capital felony, or an 18 offense that was reclassified as a capital felony, that was 19 committed before the person was 18 years of age shall be 20 punished by life imprisonment and is ineligible for parole if 21 the judge at a mandatory sentencing hearing concludes that life 22 imprisonment is an appropriate sentence. In determining whether 23 life imprisonment is an appropriate sentence, the judge shall 24 consider factors relevant to the offense and to the defendant’s 25 youth and attendant circumstances, including, but not limited 26 to: 27 1. The nature and circumstances of the offense committed by 28 the defendant. 29 2. The effect of the crime on the victim’s family and on 30 the community. 31 3. The defendant’s age, maturity, intellectual capacity, 32 and mental and emotional health at the time of the offense. 33 4. The defendant’s background, including his or her family, 34 home, and community environment. 35 5. The effect, if any, of immaturity, impetuosity, or 36 failure to appreciate risks and consequences on the defendant’s 37 participation in the offense. 38 6. The extent of the defendant’s participation in the 39 offense. 40 7. The effect, if any, of familial pressure or peer 41 pressure on the defendant’s actions. 42 8. The nature and extent of the defendant’s prior criminal 43 history. 44 9. The effect, if any, of characteristics attributable to 45 the defendant’s youth on the defendant’s judgment. 46 10. The possibility of rehabilitating the defendant. 47 48 If the judge concludes that life imprisonment is not an 49 appropriate sentence, the defendant shall be punished by 50 imprisonment for a term of not less than 35 years. 51 (3) A person who has been convicted of any other designated 52 felony may be punished as follows: 53 (a)1. For a life felony committed before
prior toOctober 54 1, 1983, by a term of imprisonment for life or for a term of 55 years not less than 30. 56 2. For a life felony committed on or after October 1, 1983, 57 by a term of imprisonment for life or by a term of imprisonment 58 not exceeding 40 years. 59 3. Except as provided in subparagraph 4., for a life felony 60 committed on or after July 1, 1995, by a term of imprisonment 61 for life or by imprisonment for a term of years not exceeding 62 life imprisonment. 63 4.a. Except as provided in sub-subparagraph b., for a life 64 felony committed on or after September 1, 2005, which is a 65 violation of s. 800.04(5)(b), by: 66 (I) A term of imprisonment for life; or 67 (II) A split sentence that is a term of not less than 25 68 years’ imprisonment and not exceeding life imprisonment, 69 followed by probation or community control for the remainder of 70 the person’s natural life, as provided in s. 948.012(4). 71 b. For a life felony committed on or after July 1, 2008, 72 which is a person’s second or subsequent violation of s. 73 800.04(5)(b), by a term of imprisonment for life. 74 5. Notwithstanding subparagraphs 1.-4., a person convicted 75 under s. 782.04 for an offense that was reclassified as a life 76 felony that was committed before the person was 18 years of age 77 is eligible to be punished by a term of imprisonment for life or 78 by a term of years equal to life imprisonment if the judge at a 79 mandatory sentencing hearing considers factors relevant to the 80 offense and to the defendant’s youth and attendant 81 circumstances, including, but not limited to, the factors listed 82 in paragraph (1)(b) and concludes that imprisonment for life or 83 a term of years equal to life imprisonment is an appropriate 84 sentence. 85 (b) For a felony of the first degree, by a term of 86 imprisonment not exceeding 30 years or, when specifically 87 provided by statute, by imprisonment for a term of years not 88 exceeding life imprisonment. However, a person convicted under 89 s. 782.04 of a first-degree felony punishable by a term of years 90 not exceeding life imprisonment, or an offense that was 91 reclassified as a first-degree felony punishable by a term of 92 years not exceeding life imprisonment, that was committed before 93 the person was 18 years of age is eligible for a term of years 94 equal to life imprisonment only if the judge at a mandatory 95 sentencing hearing considers factors relevant to the offense and 96 to the defendant’s youth and attendant circumstances, including, 97 but not limited to, the factors listed in paragraph (1)(b) and 98 concludes that a term of years equal to life imprisonment is an 99 appropriate sentence. 100 (c) For a felony of the second degree, by a term of 101 imprisonment not exceeding 15 years. 102 (d) For a felony of the third degree, by a term of 103 imprisonment not exceeding 5 years. 104 Section 2. A person who is sentenced to life imprisonment, 105 imprisonment for life, or imprisonment for a term of more than 106 25 years for any offense that is not included in section 782.04 107 is entitled to a review of his or her sentence after 25 years if 108 the offense was committed when he or she was under the age of 109 18. The sentencing court shall retain original jurisdiction for 110 the duration of the sentence for this purpose. The Department of 111 Corrections shall notify juvenile offenders who are committed to 112 the department of their eligibility to participate in a 113 resentencing hearing 18 months prior to the beginning of their 114 25th year of incarceration. The juvenile offender may apply to 115 the court of original jurisdiction requesting that a 116 resentencing hearing be held. 117 (a) An offender is entitled to be represented by counsel, 118 and the court shall appoint a public defender to represent the 119 offender if the offender cannot afford an attorney. 120 (b) The court shall hold a resentencing hearing to 121 determine whether the offender’s sentence should be modified. 122 The resentencing court shall consider all of the following: 123 1. Whether the offender demonstrates maturity and 124 rehabilitation. 125 2. Whether the offender remains at the same level of risk 126 to society as he or she did at the time of the initial 127 sentencing. 128 3. The opinion of the victim or the victim’s next of kin. 129 The absence of the victim or the victim’s next of kin from the 130 resentencing hearing may not be a factor in the court’s 131 determination under this section. If the victim or the victim’s 132 next of kin chooses not to participate in the hearing, the court 133 may consider previous statements made by the victim or the 134 victim’s next of kin during the trial or initial sentencing 135 phase. 136 4. Whether the offender was a relatively minor participant 137 in the criminal offense or acted under extreme duress or the 138 domination of another person. 139 5. Whether the offender has shown sincere and sustained 140 remorse for the criminal offense. 141 6. Whether the offender’s age, maturity, and psychological 142 development at the time of the offense affected his or her 143 behavior. 144 7. Whether the offender has successfully obtained a general 145 educational development certificate or completed another 146 educational, technical, work, vocational, or self-rehabilitation 147 program, if such a program is available. 148 8. Whether the offender was a victim of sexual, physical, 149 or emotional abuse before he or she committed the offense. 150 9. The results of any mental health assessment, risk 151 assessment, or evaluation of the offender as to rehabilitation. 152 (c) If the court determines at the resentencing hearing 153 that the offender has been rehabilitated and is reasonably 154 believed to be fit to reenter society based on these factors, a 155 term of probation of at least 5 years shall be imposed. If the 156 court determines that the offender has not demonstrated 157 rehabilitation and is not fit to reenter society based on these 158 factors, the court shall issue an order in writing stating the 159 reasons the sentence is not being modified. 160 Section 3. This act shall take effect July 1, 2013. 161 162 ================= T I T L E A M E N D M E N T ================ 163 And the title is amended as follows: 164 Delete everything before the enacting clause 165 and insert: 166 A bill to be entitled 167 An act relating to criminal penalties; amending s. 168 775.082, F.S.; providing criminal sentences applicable 169 to a person who was under the age of 18 years at the 170 time the offense was committed; requiring that a judge 171 consider certain factors before determining if life 172 imprisonment is an appropriate sentence for a homicide 173 defendant; providing for review of sentences of 174 certain offenders who were under the age of 18 at the 175 time of the offense; providing requirements and 176 procedures for such reviews; providing an effective 177 date.