Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 1350
       
       
       
       
       
       
                                Barcode 845048                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/08/2013           .                                
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       The Committee on Criminal Justice (Bradley) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 79 - 120
    4  and insert:
    5         5. Notwithstanding subparagraphs 1.-4., a person convicted
    6  under s. 782.04 for an offense that was reclassified as a life
    7  felony that was committed before the person was 18 years of age
    8  is eligible to be punished by a term of imprisonment for life or
    9  by a term of years equal to life imprisonment if the judge at a
   10  mandatory sentencing hearing considers factors relevant to the
   11  offense and to the defendant's youth and attendant
   12  circumstances, including, but not limited to, the factors listed
   13  in paragraph (1)(b) and concludes that imprisonment for life or
   14  a term of years equal to life imprisonment is an appropriate
   15  sentence.
   16         6. For offenses committed on or after July 1, 2013, a
   17  person convicted of a life felony or of an offense that was
   18  reclassified as a life felony, other than an offense listed in
   19  s. 782.04, that was committed before the person was 18 years of
   20  age shall be punished by a term of imprisonment not to exceed 50
   21  years.
   22         (b) Except as provided in paragraphs 1. and 2., for a
   23  felony of the first degree, by a term of imprisonment not
   24  exceeding 30 years or, when specifically provided by statute, by
   25  imprisonment for a term of years not exceeding life
   26  imprisonment.
   27         1. A person convicted under s. 782.04 of a first-degree
   28  felony punishable by a term of years not exceeding life
   29  imprisonment, or an offense that was reclassified as a first
   30  degree felony punishable by a term of years not exceeding life
   31  imprisonment, that was committed before the person was 18 years
   32  of age is eligible for a term of years equal to life
   33  imprisonment if the judge at a mandatory sentencing hearing
   34  considers factors relevant to the offense and to the defendant's
   35  youth and attendant circumstances, including, but not limited
   36  to, the factors listed in paragraph (1)(b) and concludes that a
   37  term of years equal to life imprisonment is an appropriate
   38  sentence.
   39         2. For offenses committed on or after July 1, 2013, a
   40  person convicted for a first-degree felony punishable by a term
   41  of years not exceeding life imprisonment or of an offense that
   42  was reclassified as a first-degree felony punishable by a term
   43  of years not exceeding life imprisonment, other than an offense
   44  listed in s. 782.04,  that was committed before the person was
   45  18 years of age shall be punished by a term of imprisonment not
   46  to exceed 50 years.
   47  
   48  ================= T I T L E  A M E N D M E N T ================
   49         And the title is amended as follows:
   50         Delete lines 7 - 8
   51  and insert:
   52  imprisonment is an appropriate sentence; providing an effective
   53  date.
   54