Florida Senate - 2013 SB 1350
By Senator Bradley
7-00910F-13 20131350__
1 A bill to be entitled
2 An act relating to criminal penalties; amending s.
3 775.082, F.S.; providing criminal sentences applicable
4 to a person who was under the age of 18 years at the
5 time the offense was committed; requiring that a judge
6 consider certain factors before determining if life
7 imprisonment is an appropriate sentence; providing
8 retroactive application; providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Subsections (1) and (3) of section 775.082,
13 Florida Statutes, are amended to read:
14 775.082 Penalties; applicability of sentencing structures;
15 mandatory minimum sentences for certain reoffenders previously
16 released from prison.—
17 (1)(a) A person who has been convicted of a capital felony
18 shall be punished by death if the proceeding held to determine
19 sentence according to the procedure set forth in s. 921.141
20 results in findings by the court that such person shall be
21 punished by death, otherwise such person shall be punished by
22 life imprisonment and shall be ineligible for parole.
23 (b) A person who is convicted of a capital felony that
24 occurred before the person was 18 years of age shall be punished
25 by life imprisonment and is ineligible for parole if the judge
26 at a mandatory sentencing hearing concludes that life
27 imprisonment is an appropriate sentence. In determining whether
28 life imprisonment is an appropriate sentence, the judge shall
29 consider factors relevant to the offense and to the defendant’s
30 youth and attendant circumstances, including, but not limited
31 to, the following:
32 1. The nature and circumstances of the offense committed by
33 the defendant.
34 2. The effect of the crime on the victim’s family and on
35 the community.
36 3. The defendant’s age, maturity, intellectual capacity,
37 and mental and emotional health at the time of the offense.
38 4. The defendant’s background, including his or her family,
39 home, and community environment.
40 5. The effect, if any, of immaturity, impetuosity, or
41 failure to appreciate risks and consequences on the defendant’s
42 participation in the offense.
43 6. The extent of the defendant’s participation in the
44 offense.
45 7. The effect, if any, of familial pressure or peer
46 pressure on the defendant’s actions.
47 8. The nature and extent of the defendant’s prior criminal
48 history.
49 9. The effect, if any, of characteristics attributable to
50 the defendant’s youth on the defendant’s judgment.
51 10. The possibility of rehabilitating the defendant.
52
53 If the judge concludes that life imprisonment is not an
54 appropriate sentence, the defendant shall be punished by
55 imprisonment for a term of not less than 50 years.
56 (3) A person who has been convicted of any other designated
57 felony may be punished as follows:
58 (a)1. For a life felony committed before prior to October
59 1, 1983, by a term of imprisonment for life or for a term of
60 years not less than 30.
61 2. For a life felony committed on or after October 1, 1983,
62 by a term of imprisonment for life or by a term of imprisonment
63 not exceeding 40 years.
64 3. Except as provided in subparagraph 4., for a life felony
65 committed on or after July 1, 1995, by a term of imprisonment
66 for life or by imprisonment for a term of years not exceeding
67 life imprisonment.
68 4.a. Except as provided in sub-subparagraph b., for a life
69 felony committed on or after September 1, 2005, which is a
70 violation of s. 800.04(5)(b), by:
71 (I) A term of imprisonment for life; or
72 (II) A split sentence that is a term of not less than 25
73 years’ imprisonment and not exceeding life imprisonment,
74 followed by probation or community control for the remainder of
75 the person’s natural life, as provided in s. 948.012(4).
76 b. For a life felony committed on or after July 1, 2008,
77 which is a person’s second or subsequent violation of s.
78 800.04(5)(b), by a term of imprisonment for life.
79 5. A person convicted under s. 782.04 for a life felony who
80 was under the age of 18 at the time of the offense is eligible
81 to be punished by a term of imprisonment for life or by a term
82 of years equal to life imprisonment if the judge at a mandatory
83 sentencing hearing considers factors relevant to the offense and
84 to the defendant’s youth and attendant circumstances, including,
85 but not limited to, the factors listed in paragraph (1)(b) and
86 concludes that imprisonment for life or a term of years equal to
87 life imprisonment is an appropriate sentence. This paragraph
88 shall apply retroactively only to the extent necessary to meet
89 constitutional requirements for imposing a life sentence on a
90 defendant who is convicted of committing a murder while a
91 juvenile as set forth by the United States Supreme Court in
92 Miller v. Alabama, 132 S.Ct. 2455 (2012).
93 6. For offenses committed on or after July 1, 2013, a
94 person convicted of any other life felony who was under 18 years
95 of age at the time of the offense shall be punished by a term of
96 imprisonment not to exceed 50 years.
97 (b) For a felony of the first degree, by a term of
98 imprisonment not exceeding 30 years or, when specifically
99 provided by statute, by imprisonment for a term of years not
100 exceeding life imprisonment.
101 1. A person convicted under s. 782.04 of a first-degree
102 felony punishable by a term of years not exceeding life
103 imprisonment who was under the age of 18 years at the time of
104 the offense is eligible for a term of years equal to life
105 imprisonment if the judge at a mandatory sentencing hearing
106 considers factors relevant to the offense and to the defendant’s
107 youth and attendant circumstances, including, but not limited
108 to, the factors listed in paragraph (1)(b) and concludes that a
109 term of years equal to life imprisonment is an appropriate
110 sentence. This paragraph shall apply retroactively only to the
111 extent necessary to meet constitutional requirements for
112 imposing a life sentence on a defendant who is convicted of
113 committing a murder while a juvenile as set forth by the United
114 States Supreme Court in Miller v. Alabama, 132 S.Ct. 2455
115 (2012).
116 2. For offenses committed on or after July 1, 2013, a
117 person convicted for any other first-degree felony punishable by
118 a term of years not exceeding life imprisonment who was under 18
119 years of age at the time of the offense shall be punished by a
120 term of imprisonment not exceeding 50 years.
121 (c) For a felony of the second degree, by a term of
122 imprisonment not exceeding 15 years.
123 (d) For a felony of the third degree, by a term of
124 imprisonment not exceeding 5 years.
125 Section 2. This act shall take effect July 1, 2013.