Florida Senate - 2018 CS for SB 1230
By the Committee on Criminal Justice; and Senator Baxley
591-02890A-18 20181230c1
1 A bill to be entitled
2 An act relating to criminal judgments; amending s.
3 812.014, F.S.; requiring that judgments of guilty or
4 not guilty of petit theft be in a written record or an
5 electronic record with the judge’s electronic
6 signature, recorded by the clerk of the circuit court;
7 conforming provisions to changes made by the act;
8 amending s. 921.241, F.S.; defining terms; requiring
9 that judgments of guilty or not guilty of a felony be
10 in a written record or an electronic record with the
11 judge’s electronic signature, recorded by the clerk of
12 the circuit court; requiring that for an electronic
13 judgment of guilty, the fingerprints of a defendant be
14 electronically captured and a certain certification be
15 included; requiring the judge to place his or her
16 electronic signature on the certificate; conforming
17 provisions to changes made by the act; amending s.
18 921.242, F.S.; requiring that specified judgments of
19 guilty be in a written record or an electronic record
20 with the judge’s electronic signature, recorded by the
21 clerk of the circuit court; conforming provisions to
22 changes made by the act; reenacting s. 775.084(3)(a),
23 (b), and (c), F.S., relating to fingerprinting a
24 defendant for the purpose of identification, to
25 incorporate the amendment made to s. 921.241, F.S., in
26 references thereto; providing an effective date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Paragraph (d) of subsection (3) of section
31 812.014, Florida Statutes, is amended to read:
32 812.014 Theft.—
33 (3)
34 (d)1. A Every judgment of guilty or not guilty of a petit
35 theft shall be in:
36 a. A written record that is writing, signed by the judge,
37 and recorded by the clerk of the circuit court; or
38 b. An electronic record that contains the judge’s
39 electronic signature, as defined in s. 933.40, and is recorded
40 by the clerk of the circuit court.
41 2. At the time a defendant is found guilty of petit theft,
42 the judge shall cause the following to occur to be affixed to
43 every such written judgment of guilty of petit theft, in open
44 court and in the presence of such judge:,
45 a. For a written judgment of guilty, the fingerprints of
46 the defendant against whom such judgment is rendered shall be
47 manually taken. Such fingerprints shall be affixed beneath the
48 judge’s signature on the to such judgment. Beneath such
49 fingerprints shall be appended a certificate to the following
50 effect:
51
52 “I hereby certify that the above and foregoing fingerprints
53 on this judgment are the fingerprints of the defendant, ....,
54 and that they were placed thereon by said defendant in my
55 presence, in open court, this the .... day of ....,
56 ...(year)....”
57
58 Such certificate shall be signed by the judge, whose signature
59 thereto shall be followed by the word “Judge.”
60 b. For an electronic judgment of guilty, s. 921.241(3)(b)
61 applies.
62 3.2. A Any such written or an electronic judgment of guilty
63 of a petit theft, or a certified copy thereof, is admissible in
64 evidence in the courts of this state as provided in s.
65 921.241(4) prima facie evidence that the fingerprints appearing
66 thereon and certified by the judge are the fingerprints of the
67 defendant against whom such judgment of guilty of a petit theft
68 was rendered.
69 Section 2. Section 921.241, Florida Statutes, is amended to
70 read:
71 921.241 Felony judgments; fingerprints and social security
72 number required in record.—
73 (1) As used in this section, the term:
74 (a) “Electronic signature” has the same meaning as in s.
75 933.40.
76 (b) “Transaction control number” means the unique
77 identifier comprised of numbers, letters, or other symbols for a
78 digital fingerprint record which is generated by the device used
79 to electronically capture the fingerprints At the time a
80 defendant is found guilty of a felony, the judge shall cause the
81 defendant’s fingerprints to be taken.
82 (2) A Every judgment of guilty or not guilty of a felony
83 shall be in:
84 (a) A written record that is writing, signed by the judge,
85 and recorded by the clerk of the court; or
86 (b) An electronic record that contains the judge’s
87 electronic signature and is recorded by the clerk of the court.
88 (3) At the time a defendant is found guilty of a felony,
89 the judge shall cause the following to occur to be affixed to
90 every written judgment of guilty of a felony, in open court and,
91 in the presence of such judge:
92 (a) For a written judgment of guilty, and at the time the
93 judgment is rendered, the fingerprints of the defendant shall be
94 manually taken and against whom such judgment is rendered. Such
95 fingerprints shall be affixed beneath the judge’s signature on
96 the to such judgment. Beneath such fingerprints shall be
97 appended a certificate to the following effect:
98
99 “I hereby certify that the above and foregoing fingerprints
100 on this judgment are the fingerprints of the defendant, ....,
101 and that they were placed thereon by said defendant in my
102 presence, in open court, this the .... day of ....,
103 ...(year)....”
104
105 Such certificate shall be signed by the judge, whose signature
106 thereto shall be followed by the word “Judge.”
107 (b) For an electronic judgment of guilty, the fingerprints
108 of the defendant shall be electronically captured and the
109 following certificate shall be included in the electronic
110 judgment:
111
112 “I hereby certify that the digital fingerprints record
113 associated with Transaction Control Number .... contains the
114 fingerprints of the defendant, ...., which were electronically
115 captured from the defendant in my presence, in open court, this
116 the .... day of ...., ...(year)....”
117
118 The judge shall place his or her electronic signature, which
119 shall be followed by the word “Judge,” on the certificate.
120 (4)(3) A written or electronic Any such written judgment of
121 guilty of a felony, or a certified copy thereof, shall be
122 admissible in evidence in the several courts of this state as
123 prima facie evidence that the:
124 (a) Manual fingerprints appearing thereon and certified by
125 the judge as aforesaid are the fingerprints of the defendant
126 against whom the such judgment of guilty of a felony was
127 rendered.
128 (b) Digital fingerprint record associated with the
129 transaction control number specified in the judge’s certificate
130 contains the fingerprints of the defendant against whom the
131 judgment of guilty was rendered.
132 (5)(4) At the time the defendant’s fingerprints are
133 manually taken or electronically captured, the judge shall also
134 cause the defendant’s social security number to be taken. The
135 defendant’s social security number shall be specified in each
136 affixed to every written or electronic judgment of guilty of a
137 felony, in open court, in the presence of such judge, and at the
138 time the judgment is rendered. If the defendant is unable or
139 unwilling to provide his or her social security number, the
140 reason for its absence shall be specified in indicated on the
141 written or electronic judgment.
142 Section 3. Section 921.242, Florida Statutes, is amended to
143 read:
144 921.242 Subsequent offenses under chapter 796; method of
145 proof applicable.—
146 (1) A Every judgment of guilty with respect to any offense
147 governed by the provisions of chapter 796 shall be in:
148 (a) A written record that is writing, signed by the judge,
149 and recorded by the clerk of the circuit court; or
150 (b) An electronic record that contains the judge’s
151 electronic signature, as defined in s. 933.40, and is recorded
152 by the clerk of the circuit court.
153 (2) At the time a defendant is found guilty, the judge
154 shall cause the following to occur to be affixed to every such
155 written judgment of guilty, in open court and in the presence of
156 such judge:
157 (a) For a written judgment of guilty, the fingerprints of
158 the defendant against whom such judgment is rendered shall be
159 manually taken. Such fingerprints shall be affixed beneath the
160 judge’s signature on the to any such judgment. Beneath such
161 fingerprints shall be appended a certificate to the following
162 effect:
163
164 “I hereby certify that the above and foregoing fingerprints
165 are of the defendant, ...(name)..., and that they were placed
166 thereon by said defendant in my presence, in open court, this
167 the .... day of ...., ...(year)....”
168
169 Such certificate shall be signed by the judge, whose signature
170 thereto shall be followed by the word “Judge.”
171 (b) For an electronic judgment of guilty, s. 921.241(3)(b)
172 applies.
173 (2) A Any such written or an electronic judgment of guilty,
174 or a certified copy thereof, shall be admissible in evidence in
175 the several courts of this state as provided in s. 921.241(4)
176 prima facie evidence that the fingerprints appearing thereon and
177 certified by the judge as aforesaid are the fingerprints of the
178 defendant against whom such judgment of guilty was rendered.
179 Section 4. For the purpose of incorporating the amendment
180 made by this act to section 921.241, Florida Statutes, in a
181 reference thereto, paragraphs (a), (b), and (c) of subsection
182 (3) of section 775.084, Florida Statutes, are reenacted to read:
183 775.084 Violent career criminals; habitual felony offenders
184 and habitual violent felony offenders; three-time violent felony
185 offenders; definitions; procedure; enhanced penalties or
186 mandatory minimum prison terms.—
187 (3)(a) In a separate proceeding, the court shall determine
188 if the defendant is a habitual felony offender or a habitual
189 violent felony offender. The procedure shall be as follows:
190 1. The court shall obtain and consider a presentence
191 investigation prior to the imposition of a sentence as a
192 habitual felony offender or a habitual violent felony offender.
193 2. Written notice shall be served on the defendant and the
194 defendant’s attorney a sufficient time prior to the entry of a
195 plea or prior to the imposition of sentence in order to allow
196 the preparation of a submission on behalf of the defendant.
197 3. Except as provided in subparagraph 1., all evidence
198 presented shall be presented in open court with full rights of
199 confrontation, cross-examination, and representation by counsel.
200 4. Each of the findings required as the basis for such
201 sentence shall be found to exist by a preponderance of the
202 evidence and shall be appealable to the extent normally
203 applicable to similar findings.
204 5. For the purpose of identification of a habitual felony
205 offender or a habitual violent felony offender, the court shall
206 fingerprint the defendant pursuant to s. 921.241.
207 6. For an offense committed on or after October 1, 1995, if
208 the state attorney pursues a habitual felony offender sanction
209 or a habitual violent felony offender sanction against the
210 defendant and the court, in a separate proceeding pursuant to
211 this paragraph, determines that the defendant meets the criteria
212 under subsection (1) for imposing such sanction, the court must
213 sentence the defendant as a habitual felony offender or a
214 habitual violent felony offender, subject to imprisonment
215 pursuant to this section unless the court finds that such
216 sentence is not necessary for the protection of the public. If
217 the court finds that it is not necessary for the protection of
218 the public to sentence the defendant as a habitual felony
219 offender or a habitual violent felony offender, the court shall
220 provide written reasons; a written transcript of orally stated
221 reasons is permissible, if filed by the court within 7 days
222 after the date of sentencing. Each month, the court shall submit
223 to the Office of Economic and Demographic Research of the
224 Legislature the written reasons or transcripts in each case in
225 which the court determines not to sentence a defendant as a
226 habitual felony offender or a habitual violent felony offender
227 as provided in this subparagraph.
228 (b) In a separate proceeding, the court shall determine if
229 the defendant is a three-time violent felony offender. The
230 procedure shall be as follows:
231 1. The court shall obtain and consider a presentence
232 investigation prior to the imposition of a sentence as a three
233 time violent felony offender.
234 2. Written notice shall be served on the defendant and the
235 defendant’s attorney a sufficient time prior to the entry of a
236 plea or prior to the imposition of sentence in order to allow
237 the preparation of a submission on behalf of the defendant.
238 3. Except as provided in subparagraph 1., all evidence
239 presented shall be presented in open court with full rights of
240 confrontation, cross-examination, and representation by counsel.
241 4. Each of the findings required as the basis for such
242 sentence shall be found to exist by a preponderance of the
243 evidence and shall be appealable to the extent normally
244 applicable to similar findings.
245 5. For the purpose of identification of a three-time
246 violent felony offender, the court shall fingerprint the
247 defendant pursuant to s. 921.241.
248 6. For an offense committed on or after the effective date
249 of this act, if the state attorney pursues a three-time violent
250 felony offender sanction against the defendant and the court, in
251 a separate proceeding pursuant to this paragraph, determines
252 that the defendant meets the criteria under subsection (1) for
253 imposing such sanction, the court must sentence the defendant as
254 a three-time violent felony offender, subject to imprisonment
255 pursuant to this section as provided in paragraph (4)(c).
256 (c) In a separate proceeding, the court shall determine
257 whether the defendant is a violent career criminal with respect
258 to a primary offense committed on or after October 1, 1995. The
259 procedure shall be as follows:
260 1. Written notice shall be served on the defendant and the
261 defendant’s attorney a sufficient time prior to the entry of a
262 plea or prior to the imposition of sentence in order to allow
263 the preparation of a submission on behalf of the defendant.
264 2. All evidence presented shall be presented in open court
265 with full rights of confrontation, cross-examination, and
266 representation by counsel.
267 3. Each of the findings required as the basis for such
268 sentence shall be found to exist by a preponderance of the
269 evidence and shall be appealable only as provided in paragraph
270 (d).
271 4. For the purpose of identification, the court shall
272 fingerprint the defendant pursuant to s. 921.241.
273 5. For an offense committed on or after October 1, 1995, if
274 the state attorney pursues a violent career criminal sanction
275 against the defendant and the court, in a separate proceeding
276 pursuant to this paragraph, determines that the defendant meets
277 the criteria under subsection (1) for imposing such sanction,
278 the court must sentence the defendant as a violent career
279 criminal, subject to imprisonment pursuant to this section
280 unless the court finds that such sentence is not necessary for
281 the protection of the public. If the court finds that it is not
282 necessary for the protection of the public to sentence the
283 defendant as a violent career criminal, the court shall provide
284 written reasons; a written transcript of orally stated reasons
285 is permissible, if filed by the court within 7 days after the
286 date of sentencing. Each month, the court shall submit to the
287 Office of Economic and Demographic Research of the Legislature
288 the written reasons or transcripts in each case in which the
289 court determines not to sentence a defendant as a violent career
290 criminal as provided in this subparagraph.
291 Section 5. This act shall take effect July 1, 2018.