Bill Text: FL S0384 | 2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Juvenile Sentencing

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-04-11 - Laid on Table, companion bill(s) passed, see CS/HB 7035 (Ch. 2014-220) [S0384 Detail]

Download: Florida-2014-S0384-Introduced.html

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       Florida Senate - 2014                                     SB 384
       
       
        
       By Senator Bradley
       
       
       
       
       
       7-00151B-14                                            2014384__
    1                        A bill to be entitled                      
    2         An act relating to juvenile sentencing; 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 a judge to
    6         consider certain factors before determining if life
    7         imprisonment is an appropriate sentence for a homicide
    8         defendant; providing for review of sentences of
    9         certain offenders who were under the age of 18 at the
   10         time of the offense; providing requirements and
   11         procedures for such reviews; amending ss. 316.3026,
   12         373.430, 403.161, and 648.571, F.S.; conforming cross
   13         references; providing an effective date.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsections (1) and (3) of section 775.082,
   18  Florida Statutes, are amended to read:
   19         775.082 Penalties; applicability of sentencing structures;
   20  mandatory minimum sentences for certain reoffenders previously
   21  released from prison.—
   22         (1)(a) Except as provided in paragraph (b), a person who
   23  has been convicted of a capital felony shall be punished by
   24  death if the proceeding held to determine sentence according to
   25  the procedure set forth in s. 921.141 results in findings by the
   26  court that such person shall be punished by death, otherwise
   27  such person shall be punished by life imprisonment and shall be
   28  ineligible for parole.
   29         (b) For offenses committed before the offender attained 18
   30  years of age, a person who is convicted of a capital felony or
   31  an offense that was reclassified as a capital felony shall be
   32  punished by life imprisonment and is ineligible for parole if
   33  the judge at a mandatory sentencing hearing concludes that life
   34  imprisonment is an appropriate sentence. In determining whether
   35  life imprisonment is an appropriate sentence, the judge shall
   36  consider factors relevant to the offense and to the defendant’s
   37  youth and attendant circumstances, including, but not limited
   38  to:
   39         1. The nature and circumstances of the offense committed by
   40  the defendant.
   41         2. The effect of the crime on the victim’s family and on
   42  the community.
   43         3. The defendant’s age, maturity, intellectual capacity,
   44  and mental and emotional health at the time of the offense.
   45         4. The defendant’s background, including his or her family,
   46  home, and community environment.
   47         5. The effect, if any, of immaturity, impetuosity, or
   48  failure to appreciate risks and consequences on the defendant’s
   49  participation in the offense.
   50         6. The extent of the defendant’s participation in the
   51  offense.
   52         7. The effect, if any, of familial pressure or peer
   53  pressure on the defendant’s actions.
   54         8. The nature and extent of the defendant’s prior criminal
   55  history.
   56         9. The effect, if any, of characteristics attributable to
   57  the defendant’s youth on the defendant’s judgment.
   58         10. The possibility of rehabilitating the defendant.
   59  
   60  If the judge concludes that life imprisonment is not an
   61  appropriate sentence, the defendant shall be punished by
   62  imprisonment for a term of not less than 35 years.
   63         (3) A person who has been convicted of any other designated
   64  felony may be punished as follows:
   65         (a)1. For a life felony committed before prior to October
   66  1, 1983, by a term of imprisonment for life or for a term of
   67  years not less than 30.
   68         2. For a life felony committed on or after October 1, 1983,
   69  by a term of imprisonment for life or by a term of imprisonment
   70  not exceeding 40 years.
   71         3. Except as provided in subparagraph 4., for a life felony
   72  committed on or after July 1, 1995, by a term of imprisonment
   73  for life or by imprisonment for a term of years not exceeding
   74  life imprisonment.
   75         4.a. Except as provided in sub-subparagraph b., for a life
   76  felony committed on or after September 1, 2005, which is a
   77  violation of s. 800.04(5)(b), by:
   78         (I) A term of imprisonment for life; or
   79         (II) A split sentence that is a term of not less than 25
   80  years’ imprisonment and not exceeding life imprisonment,
   81  followed by probation or community control for the remainder of
   82  the person’s natural life, as provided in s. 948.012(4).
   83         b. For a life felony committed on or after July 1, 2008,
   84  which is a person’s second or subsequent violation of s.
   85  800.04(5)(b), by a term of imprisonment for life.
   86         (b) Notwithstanding paragraph (a), for offenses committed
   87  before the offender attained 18 years of age, a person convicted
   88  under s. 782.04 of an offense that was reclassified as a life
   89  felony is eligible to be punished by life imprisonment or by
   90  imprisonment for a term of years equal to life imprisonment if
   91  the judge at a mandatory sentencing hearing considers factors
   92  relevant to the offense and to the defendant’s youth and
   93  attendant circumstances, including, but not limited to, the
   94  factors listed in paragraph (1)(b), and concludes that
   95  imprisonment for life or a term of years equal to life
   96  imprisonment is an appropriate sentence.
   97         (c)(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. However, for offenses committed
  101  before the offender attained 18 years of age, a person convicted
  102  under s. 782.04 of a first-degree felony punishable by a term of
  103  years not exceeding life imprisonment or an offense that was
  104  reclassified as a first-degree felony punishable by a term of
  105  years not exceeding life imprisonment is eligible for a term of
  106  years equal to life imprisonment only if the judge at a
  107  mandatory sentencing hearing considers factors relevant to the
  108  offense and to the defendant’s youth and attendant
  109  circumstances, including, but not limited to, the factors
  110  specified in paragraph (1)(b), and concludes that a term of
  111  years equal to life imprisonment is an appropriate sentence.
  112         (d)(c) For a felony of the second degree, by a term of
  113  imprisonment not exceeding 15 years.
  114         (e)(d) For a felony of the third degree, by a term of
  115  imprisonment not exceeding 5 years.
  116         Section 2. (1) For offenses committed before the offender
  117  attained 18 years of age, a person who is sentenced to life
  118  imprisonment, imprisonment for life, or imprisonment for a term
  119  of more than 25 years for any offense that is not included in s.
  120  782.04, Florida Statutes, is entitled to a review of his or her
  121  sentence after 25 years. The sentencing court shall retain
  122  original jurisdiction for the duration of the sentence for this
  123  purpose.
  124         (2) The Department of Corrections shall notify a juvenile
  125  offender who is committed to the department of his or her
  126  eligibility to participate in a resentencing hearing 18 months
  127  before the beginning of his or her 25th year of incarceration.
  128  The juvenile offender may apply to the court of original
  129  jurisdiction requesting that a resentencing hearing be held.
  130         (3) An offender is entitled to be represented by counsel,
  131  and the court shall appoint a public defender to represent the
  132  offender if the offender cannot afford an attorney.
  133         (4) The court shall hold a resentencing hearing to
  134  determine whether the offender’s sentence should be modified.
  135  The resentencing court shall consider all of the following:
  136         (a) Whether the offender demonstrates maturity and
  137  rehabilitation.
  138         (b) Whether the offender remains at the same level of risk
  139  to society as he or she did at the time of the initial
  140  sentencing.
  141         (c) The opinion of the victim or the victim’s next of kin.
  142  The absence of the victim or the victim’s next of kin from the
  143  resentencing hearing may not be a factor in the court’s
  144  determination under this section. If the victim or the victim’s
  145  next of kin chooses not to participate in the hearing, the court
  146  may consider previous statements made by the victim or the
  147  victim’s next of kin during the trial or initial sentencing
  148  phase.
  149         (d) Whether the offender was a relatively minor participant
  150  in the criminal offense or acted under extreme duress or the
  151  domination of another person.
  152         (e) Whether the offender has shown sincere and sustained
  153  remorse for the criminal offense.
  154         (f) Whether the offender’s age, maturity, and psychological
  155  development at the time of the offense affected his or her
  156  behavior.
  157         (g) Whether the offender has successfully obtained a
  158  general educational development certificate or completed another
  159  educational, technical, work, vocational, or self-rehabilitation
  160  program, if such a program is available.
  161         (h) Whether the offender was a victim of sexual, physical,
  162  or emotional abuse before he or she committed the offense.
  163         (i) The results of any mental health assessment, risk
  164  assessment, or evaluation of the offender as to rehabilitation.
  165         (5) If the court determines at the resentencing hearing
  166  that the offender has been rehabilitated and is reasonably
  167  believed to be fit to reenter society based on these factors, a
  168  term of probation of at least 5 years shall be imposed. If the
  169  court determines that the offender has not demonstrated
  170  rehabilitation and is not fit to reenter society based on these
  171  factors, the court shall issue an order in writing stating the
  172  reasons why the sentence is not being modified.
  173         Section 3. Subsection (2) of section 316.3026, Florida
  174  Statutes, is amended to read:
  175         316.3026 Unlawful operation of motor carriers.—
  176         (2) Any motor carrier enjoined or prohibited from operating
  177  by an out-of-service order by this state, any other state, or
  178  the Federal Motor Carrier Safety Administration may not operate
  179  on the roadways of this state until the motor carrier has been
  180  authorized to resume operations by the originating enforcement
  181  jurisdiction. Commercial motor vehicles owned or operated by any
  182  motor carrier prohibited from operation found on the roadways of
  183  this state shall be placed out of service by law enforcement
  184  officers of the Department of Highway Safety and Motor Vehicles,
  185  and the motor carrier assessed a $10,000 civil penalty pursuant
  186  to 49 C.F.R. s. 383.53, in addition to any other penalties
  187  imposed on the driver or other responsible person. Any person
  188  who knowingly drives, operates, or causes to be operated any
  189  commercial motor vehicle in violation of an out-of-service order
  190  issued by the department in accordance with this section commits
  191  a felony of the third degree, punishable as provided in s.
  192  775.082(3)(e) 775.082(3)(d). Any costs associated with the
  193  impoundment or storage of such vehicles are the responsibility
  194  of the motor carrier. Vehicle out-of-service orders may be
  195  rescinded when the department receives proof of authorization
  196  for the motor carrier to resume operation.
  197         Section 4. Subsection (3) of section 373.430, Florida
  198  Statutes, is amended to read:
  199         373.430 Prohibitions, violation, penalty, intent.—
  200         (3) Any person who willfully commits a violation specified
  201  in paragraph (1)(a) is guilty of a felony of the third degree,
  202  punishable as provided in ss. 775.082(3)(e) 775.082(3)(d) and
  203  775.083(1)(g), by a fine of not more than $50,000 or by
  204  imprisonment for 5 years, or by both, for each offense. Each day
  205  during any portion of which such violation occurs constitutes a
  206  separate offense.
  207         Section 5. Subsection (3) of section 403.161, Florida
  208  Statutes, is amended to read:
  209         403.161 Prohibitions, violation, penalty, intent.—
  210         (3) Any person who willfully commits a violation specified
  211  in paragraph (1)(a) is guilty of a felony of the third degree
  212  punishable as provided in ss. 775.082(3)(e) 775.082(3)(d) and
  213  775.083(1)(g) by a fine of not more than $50,000 or by
  214  imprisonment for 5 years, or by both, for each offense. Each day
  215  during any portion of which such violation occurs constitutes a
  216  separate offense.
  217         Section 6. Paragraph (c) of subsection (3) of section
  218  648.571, Florida Statutes, is amended to read:
  219         648.571 Failure to return collateral; penalty.—
  220         (3)
  221         (c) Allowable expenses incurred in apprehending a defendant
  222  because of a bond forfeiture or judgment under s. 903.29 may be
  223  deducted if such expenses are accounted for. The failure to
  224  return collateral under these terms is punishable as follows:
  225         1. If the collateral is of a value less than $100, as
  226  provided in s. 775.082(4)(a).
  227         2. If the collateral is of a value of $100 or more, as
  228  provided in s. 775.082(3)(e) 775.082(3)(d).
  229         3. If the collateral is of a value of $1,500 or more, as
  230  provided in s. 775.082(3)(d) 775.082(3)(c).
  231         4. If the collateral is of a value of $10,000 or more, as
  232  provided in s. 775.082(3)(c) 775.082(3)(b).
  233         Section 7. This act shall take effect July 1, 2014.