Bill Text: FL S0432 | 2014 | Regular Session | Introduced

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Bill Title: Mandatory Minimum Sentencing

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2014-05-02 - Died in Criminal Justice, companion bill(s) passed, see CS/CS/HB 89 (Ch. 2014-195) [S0432 Detail]

Download: Florida-2014-S0432-Introduced.html

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       Florida Senate - 2014                                     SB 432
       
       
        
       By Senator Bullard
       
       
       
       
       
       39-00590-14                                            2014432__
    1                        A bill to be entitled                      
    2         An act relating to mandatory minimum sentencing;
    3         amending s. 775.087, F.S.; authorizing a judge to
    4         impose a sentence below the mandatory minimum sentence
    5         under certain circumstances; requiring the judge to
    6         state in writing the reasons for departing from or
    7         using the mandatory minimum sentence; providing
    8         factors that the judge must consider in deciding
    9         whether to depart from the mandatory minimum sentence;
   10         providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Subsection (6) is added to section 775.087,
   15  Florida Statutes, to read:
   16         775.087 Possession or use of weapon; aggravated battery;
   17  felony reclassification; minimum sentence.—
   18         (6) For the purposes of this section, a judge may impose a
   19  sentence less than the mandatory minimum sentence if the unique
   20  circumstances of the case indicate that the offender does not
   21  pose a threat to the public and the minimum term does not
   22  fulfill the goals of punishment and other sentencing criteria.
   23         (a) The judge shall state in writing the reasons for
   24  departing from or using the mandatory minimum sentence.
   25         (b) When deciding whether to depart from the mandatory
   26  minimum sentence, the judge shall consider factors including,
   27  but not limited to:
   28         1. The defendant’s history as a survivor of domestic
   29  violence;
   30         2. The defendant’s mental health; and
   31         3. Information presented at trial or sentencing which
   32  indicates that imposing the mandatory minimum sentence would
   33  frustrate justice or the original legislative intent of this
   34  section.
   35         Section 2. This act shall take effect July 1, 2014.