Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 862
       
       
       
       
       
       
                                Ì161052qÎ161052                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/01/2016           .                                
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       The Committee on Criminal Justice (Bradley) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 137 and 138
    4  insert:
    5         Section 3. Section 916.145, Florida Statutes, is amended to
    6  read:
    7         916.145 Dismissal of charges.—
    8         (1) The charges against a any defendant adjudicated
    9  incompetent to proceed due to the defendant’s mental illness
   10  shall be dismissed without prejudice to the state if the
   11  defendant remains incompetent to proceed 5 continuous
   12  uninterruped years after such determination, unless the court in
   13  its order specifies its reasons for believing that the defendant
   14  will become competent to proceed within the foreseeable future
   15  and specifies the time within which the defendant is expected to
   16  become competent to proceed. The court may dismiss such charges
   17  at least 3 and no more than 5 years after such determination,
   18  unless the charge is:
   19         (a) Arson;
   20         (b) Sexual battery;
   21         (c) Robbery;
   22         (d) Kidnapping;
   23         (e) Aggravated child abuse;
   24         (f) Aggravated abuse of an elderly person or disabled
   25  adult;
   26         (g) Aggravated assault with a deadly weapon;
   27         (h) Murder;
   28         (i) Manslaughter;
   29         (j) Aggravated manslaughter of an elderly person or
   30  disabled adult;
   31         (k) Aggravated manslaughter of a child;
   32         (l) Unlawful throwing, projecting, placing, or discharging
   33  of a destructive device or bomb;
   34         (m) Armed burglary;
   35         (n) Aggravated battery;
   36         (o) Aggravated stalking;
   37         (p) A forcible felony as defined in s. 776.08 and not
   38  listed elsewhere in this subsection;
   39         (q) An offense involving the possession, use, or discharge
   40  of a firearm;
   41         (r) An attempt to commit an offense listed in this
   42  subsection;
   43         (s) An offense allegedly committed by a defendant who has
   44  had a forcible or violent felony conviction within the 5 years
   45  preceding the date of arrest for the nonviolent felony sought to
   46  be dismissed;
   47         (t) An offense allegedly committed by a defendant who,
   48  after having been found incompetent and under court supervision
   49  in a community-based program, is formally charged by a State
   50  Attorney with a new felony offense; or
   51         (u) One for which there is an identifiable victim and such
   52  victim has not consented to the dismissal.
   53         (2) This section does not prohibit the state from refiling
   54  dismissed charges if the defendant is declared to be competent
   55  to proceed in the future against the defendant are dismissed
   56  without prejudice to the state to refile the charges should the
   57  defendant be declared competent to proceed in the future.
   58  
   59  ================= T I T L E  A M E N D M E N T ================
   60  And the title is amended as follows:
   61         Delete line 11
   62  and insert:
   63         specified time; amending s. 916.145, F.S.; revising
   64         the time for dismissal of certain charges for
   65         defendants that remain incompetent to proceed to
   66         trial; providing exceptions; amending s. 916.15, F.S.;
   67         requiring