Bill Amendment: FL S1350 | 2013 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Criminal Penalties

Status: 2013-05-03 - Died on Calendar [S1350 Detail]

Download: Florida-2013-S1350-Senate_Floor_Amendment_Delete_All_786860.html

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       Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS/SB 1350, 1st Eng.
       
       
       
       
       
       
                                Barcode 786860                          
       
                              LEGISLATIVE ACTION                        
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       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 to October
   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.