Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1350
       
       
       
       
       
       
                                Barcode 294184                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/11/2013           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Appropriations Subcommittee on Criminal and Civil Justice
       (Joyner) recommended 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 under s. 782.04 for an
   18  offense that was committed before the person was 18 years of age
   19  may be punished by life imprisonment if the judge at a mandatory
   20  sentencing hearing concludes that life imprisonment is an
   21  appropriate sentence.
   22         1. In determining whether life imprisonment is an
   23  appropriate sentence, the judge shall consider factors relevant
   24  to the offense and to the defendant’s youth and attendant
   25  circumstances, including, but not limited to:
   26         a.The effect of the crime on the victim’s family and on
   27  the community.
   28         b.The nature and circumstances of the offense committed by
   29  the defendant.
   30         c.The defendant’s age, maturity, intellectual capacity,
   31  and mental and emotional health at the time of the offense.
   32         d.The defendant’s background, including his or her family,
   33  home, and community environment.
   34         e.The effect, if any, of immaturity, impetuosity, or
   35  failure to appreciate risks and consequences on the defendant’s
   36  participation in the offense.
   37         f.The extent of the defendant’s participation in the
   38  offense.
   39         g.The effect, if any, of familial pressure or peer
   40  pressure on the defendant’s actions.
   41         h.The nature and extent of the defendant’s prior criminal
   42  history.
   43         i.The effect, if any, of characteristics attributable to
   44  the defendant’s youth on the defendant’s judgment.
   45         j.The defendant’s capacity for rehabilitation.
   46         2. If the judge concludes that life imprisonment is not an
   47  appropriate sentence, the defendant shall be punished by
   48  imprisonment for a term of not less than 50 years.
   49         3.A person who is sentenced under this paragraph shall
   50  have his or her sentence reviewed after 25 years. The sentencing
   51  court shall retain original jurisdiction for the duration of the
   52  sentence for this purpose.
   53         a. The Department of Corrections shall notify juvenile
   54  offenders who are committed to the department of their
   55  eligibility to participate in a resentencing hearing 18 months
   56  before the beginning of their 25th year of incarceration. The
   57  juvenile offender may apply to the court of original
   58  jurisdiction requesting that a resentencing hearing be held.
   59         b. The court shall hold a resentencing hearing to determine
   60  whether the juvenile offender’s sentence should be modified. The
   61  resentencing court shall consider all of the following:
   62         (I) Whether the juvenile offender demonstrates maturity and
   63  rehabilitation.
   64         (II) Whether the juvenile offender remains at the same
   65  level of risk to society as he or she did at the time of the
   66  initial sentencing.
   67         (III)The opinion of the victim’s next of kin. The absence
   68  of the victim’s next of kin from the resentencing hearing may
   69  not be a factor in the courts determination under this section.
   70         (IV) Whether the juvenile offender was a relatively minor
   71  participant in the criminal offense or acted under extreme
   72  duress or the domination of another person.
   73         (V) Whether the juvenile has shown sincere and sustained
   74  remorse for the criminal offense.
   75         (VI) Whether the juvenile offender’s age, maturity, and
   76  psychological development at the time of the offense affected
   77  his or her behavior.
   78         (VII) Whether the juvenile offender has successfully
   79  obtained a general educational development certificate or
   80  completed another educational, technical, work, vocational, or
   81  self-rehabilitation program.
   82         (VIII) Whether the juvenile offender was a victim of
   83  sexual, physical, or emotional abuse before he or she committed
   84  the offense.
   85         (IX) The results of any mental health assessment, risk
   86  assessment, or evaluation of the juvenile offender as to
   87  rehabilitation.
   88         c. A juvenile offender is entitled to be represented by
   89  counsel at the resentencing hearing and the court shall appoint
   90  a public defender to represent the juvenile offender if the
   91  juvenile cannot afford an attorney.
   92         d. If the court determines at the resentencing hearing that
   93  the juvenile offender has been rehabilitated and is reasonably
   94  believed to be fit to reenter society based on the factors in
   95  sub-subparagraph b., the court shall impose a term of probation
   96  of at least 5 years. If the court determines that the juvenile
   97  offender has not demonstrated rehabilitation and is not fit to
   98  reenter society based on the factors in sub-subparagraph b., the
   99  court shall not modify the juvenile offender’s sentence and
  100  shall issue a written order stating the reasons therefore.
  101         e. A juvenile offender who is not resentenced under this
  102  subparagraph at his or her initial resentencing hearing is
  103  eligible for a resentencing hearing every 5 years after the date
  104  of the denial and every 5 years thereafter.
  105         4. This paragraph shall apply retroactively to the extent
  106  necessary to meet constitutional requirements for imposing a
  107  life sentence on a defendant who is convicted of committing a
  108  murder that occurred before the defendant was 18 years of age as
  109  set forth by the United States Supreme Court in Miller v.
  110  Alabama, 132 S. Ct. 2455 (2012).
  111         (3) A person who has been convicted of any other designated
  112  felony may be punished as follows:
  113         (a)1. For a life felony committed before prior to October
  114  1, 1983, by a term of imprisonment for life or for a term of
  115  years not less than 30.
  116         2. For a life felony committed on or after October 1, 1983,
  117  by a term of imprisonment for life or by a term of imprisonment
  118  not exceeding 40 years.
  119         3. Except as provided in subparagraph 4., for a life felony
  120  committed on or after July 1, 1995, by a term of imprisonment
  121  for life or by imprisonment for a term of years not exceeding
  122  life imprisonment.
  123         4.a. Except as provided in sub-subparagraph b., for a life
  124  felony committed on or after September 1, 2005, which is a
  125  violation of s. 800.04(5)(b), by:
  126         (I) A term of imprisonment for life; or
  127         (II) A split sentence that is a term of not less than 25
  128  years’ imprisonment and not exceeding life imprisonment,
  129  followed by probation or community control for the remainder of
  130  the person’s natural life, as provided in s. 948.012(4).
  131         b. For a life felony committed on or after July 1, 2008,
  132  which is a person’s second or subsequent violation of s.
  133  800.04(5)(b), by a term of imprisonment for life.
  134         5. A person convicted of a life felony or an offense
  135  punishable by a term of years not exceeding life imprisonment,
  136  other than an offense listed in 782.04, or an offense, other
  137  than offense listed in 782.04 that was reclassified as a life
  138  felony or an offense punishable by a term of years not exceeding
  139  life, that was committed before the person was 18 years of age
  140  shall be punished by a term of imprisonment not to exceed 50
  141  years.
  142         a. A person sentenced under this subparagraph shall have
  143  his or her sentence reviewed after 15 years. The sentencing
  144  court shall retain original jurisdiction for the duration of the
  145  sentence for this purpose.
  146         (I) The Department of Corrections shall notify juvenile
  147  offenders who are committed to the department of their
  148  eligibility to participate in a resentencing hearing 18 months
  149  before the beginning of their 15th year of incarceration. The
  150  juvenile offender may apply to the court of original
  151  jurisdiction requesting that a resentencing hearing be held.
  152  This subparagraph does not apply to juveniles sentenced to a
  153  term of 15 years or less.
  154         (II) The court shall hold a resentencing hearing to
  155  determine whether the juvenile offender’s sentence should be
  156  modified. The resentencing court shall consider all of the
  157  following:
  158         (A) Whether the juvenile offender demonstrates maturity and
  159  rehabilitation.
  160         (B) Whether the juvenile offender remains at the same level
  161  of risk to society as he or she did at the time of the initial
  162  sentencing.
  163         (C) The opinion of the victim or the victim,’s next of kin.
  164  The absence of the victim or the victim’s next of kin from the
  165  resentencing hearing may not be a factor in the court’s
  166  determination under this section.
  167         (D) Whether the juvenile offender was a relatively minor
  168  participant in the criminal offense or acted under extreme
  169  duress or the domination of another person.
  170         (E) Whether the juvenile has shown sincere and sustained
  171  remorse for the criminal offense.
  172         (F) Whether the juvenile offender’s age, maturity, and
  173  psychological development at the time of the offense affected
  174  his or her behavior.
  175         (G) Whether the juvenile offender has successfully obtained
  176  a general educational development certificate or completed
  177  another educational, technical, work, vocational, or self
  178  rehabilitation program.
  179         (H) Whether the juvenile offender was a victim of sexual,
  180  physical, or emotional abuse before he or she committed the
  181  offense.
  182         (I) The results of any mental health assessment, risk
  183  assessment, or evaluation of the juvenile offender as to
  184  rehabilitation.
  185         (III) A juvenile offender is entitled to be represented by
  186  counsel, and the court shall appoint a public defender to
  187  represent the juvenile offender if the juvenile offender cannot
  188  afford an attorney.
  189         (IV) If the court determines at the resentencing hearing
  190  that the juvenile offender has been rehabilitated and is
  191  reasonably believed to be fit to reenter society based on these
  192  factors, then a term of probation of at least 5 years, shall be
  193  imposed. If the court determines that the juvenile offender has
  194  not demonstrated rehabilitation and is not fit to reenter
  195  society based on these factors, the court shall not modify the
  196  juvenile offender’s sentence and shall issue a written order
  197  stating the reasons therefore.
  198         (V) A juvenile offender who is not resentenced under this
  199  paragraph at the initial resentencing hearing is eligible for a
  200  resentencing hearing 5 years after the date of the denial and
  201  every 5 years after that.
  202         b. This subparagraph shall apply retroactively to the
  203  extent necessary to meet constitutional requirements as set
  204  forth by the United States Supreme Court in Graham v. Florida,
  205  560 US. _____ (2010).
  206         (b) For a felony of the first degree, by a term of
  207  imprisonment not exceeding 30 years or, when specifically
  208  provided by statute, by imprisonment for a term of years not
  209  exceeding life imprisonment.
  210         (c) For a felony of the second degree, by a term of
  211  imprisonment not exceeding 15 years.
  212         (d) For a felony of the third degree, by a term of
  213  imprisonment not exceeding 5 years.
  214         Section 2. This act shall take effect July 1, 2013.
  215  
  216  ================= T I T L E  A M E N D M E N T ================
  217         And the title is amended as follows:
  218         Delete everything before the enacting clause
  219  and insert:
  220                        A bill to be entitled                      
  221         An act relating to criminal penalties; amending s.
  222         775.082, F.S.; providing criminal sentences applicable
  223         to a person who was under the age of 18 years at the
  224         time certain offenses were committed; requiring that a
  225         judge consider certain factors before determining if
  226         life imprisonment is an appropriate sentence;
  227         providing for an alternative sentence if a sentence of
  228         life imprisonment is inappropriate; establishing right
  229         to resentencing hearing; specifying components of
  230         resentencing hearing process; providing for
  231         retroactive application to comply with constitutional
  232         requirements; providing an effective date.