Florida Senate - 2017                          SENATOR AMENDMENT
       Bill No. CS for SB 494
       
       
       
       
       
       
                                Ì908054'Î908054                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             04/27/2017 10:25 AM       .                                
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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. Section 961.02, Florida Statutes, is reordered
    6  and amended to read:
    7         961.02 Definitions.—As used in ss. 961.01-961.07, the term:
    8         (1) “Act” means the Victims of Wrongful Incarceration
    9  Compensation Act.
   10         (2) “Department” means the Department of Legal Affairs.
   11         (3) “Division” means the Division of Administrative
   12  Hearings.
   13         (7)(4) “Wrongfully incarcerated person” means a person
   14  whose felony conviction and sentence have been vacated by a
   15  court of competent jurisdiction and who is the subject of an
   16  order issued by the original sentencing court pursuant to s.
   17  961.03, with respect to whom pursuant to the requirements of s.
   18  961.03, the original sentencing court has issued its order
   19  finding that the person did not commit neither committed the act
   20  or nor the offense that served as the basis for the conviction
   21  and incarceration and that the person did not aid, abet, or act
   22  as an accomplice or accessory to a person who committed the act
   23  or offense.
   24         (4)(5) “Eligible for compensation” means that a person
   25  meets the definition of the term “wrongfully incarcerated
   26  person” and is not disqualified from seeking compensation under
   27  the criteria prescribed in s. 961.04.
   28         (5)(6) “Entitled to compensation” means that a person meets
   29  the definition of the term “eligible for compensation” and
   30  satisfies the application requirements prescribed in s. 961.05,
   31  and may receive compensation pursuant to s. 961.06.
   32         (6)“Violent felony” means a felony listed in s.
   33  775.084(1)(c)1. or s. 948.06(8)(c).
   34         Section 2. Section 961.04, Florida Statutes, is amended to
   35  read:
   36         961.04 Eligibility for compensation for wrongful
   37  incarceration.—A wrongfully incarcerated person is not eligible
   38  for compensation under the act if:
   39         (1) Before the person’s wrongful conviction and
   40  incarceration, the person was convicted of, or pled guilty or
   41  nolo contendere to, regardless of adjudication, any violent
   42  felony offense, or a crime committed in another jurisdiction the
   43  elements of which would constitute a violent felony in this
   44  state, or a crime committed against the United States which is
   45  designated a violent felony, excluding any delinquency
   46  disposition;
   47         (2)Before the person’s wrongful conviction and
   48  incarceration, the person was convicted of, or pled guilty or
   49  nolo contendere to, regardless of adjudication, more than one
   50  felony that is not a violent felony, or more than one crime
   51  committed in another jurisdiction, the elements of which would
   52  constitute a felony in this state, or more than one crime
   53  committed against the United States which is designated a
   54  felony, excluding any delinquency disposition;
   55         (3)(2) During the person’s wrongful incarceration, the
   56  person was convicted of, or pled guilty or nolo contendere to,
   57  regardless of adjudication, any violent felony offense; or
   58         (4)During the person’s wrongful incarceration, the person
   59  was convicted of, or pled guilty or nolo contendere to,
   60  regardless of adjudication, more than one felony that is not a
   61  violent felony; or
   62         (5)(3) During the person’s wrongful incarceration, the
   63  person was also serving a concurrent sentence for another felony
   64  for which the person was not wrongfully convicted.
   65         Section 3. Subsection (2) of section 961.06, Florida
   66  Statutes, is amended to read:
   67         961.06 Compensation for wrongful incarceration.—
   68         (2) In calculating monetary compensation under paragraph
   69  (1)(a), a wrongfully incarcerated person who is placed on parole
   70  or community supervision while serving the sentence resulting
   71  from the wrongful conviction and who commits no more than one
   72  felony that is not anything less than a violent felony which law
   73  violation that results in revocation of the parole or community
   74  supervision is eligible for compensation for the total number of
   75  years incarcerated. A wrongfully incarcerated person who commits
   76  one violent a felony or more than one felony that is not a
   77  violent felony law violation that results in revocation of the
   78  parole or community supervision is ineligible for any
   79  compensation under subsection (1).
   80         Section 4. The changes made by this act to ss. 961.02,
   81  961.04, and 961.06, Florida Statutes, apply only to persons who
   82  are determined to be wrongfully incarcerated on or after the
   83  effective date of this act.
   84         Section 5. For the purpose of incorporating the amendments
   85  made by this act to section 961.04, Florida Statutes, in
   86  references thereto, paragraph (a) of subsection (1) and
   87  subsections (2), (3), and (4) of section 961.03, Florida
   88  Statutes, are reenacted to read:
   89         961.03 Determination of status as a wrongfully incarcerated
   90  person; determination of eligibility for compensation.—
   91         (1)(a) In order to meet the definition of a “wrongfully
   92  incarcerated person” and “eligible for compensation,” upon entry
   93  of an order, based upon exonerating evidence, vacating a
   94  conviction and sentence, a person must set forth the claim of
   95  wrongful incarceration under oath and with particularity by
   96  filing a petition with the original sentencing court, with a
   97  copy of the petition and proper notice to the prosecuting
   98  authority in the underlying felony for which the person was
   99  incarcerated. At a minimum, the petition must:
  100         1. State that verifiable and substantial evidence of actual
  101  innocence exists and state with particularity the nature and
  102  significance of the verifiable and substantial evidence of
  103  actual innocence; and
  104         2. State that the person is not disqualified, under the
  105  provisions of s. 961.04, from seeking compensation under this
  106  act.
  107         (2) The prosecuting authority must respond to the petition
  108  within 30 days. The prosecuting authority may respond:
  109         (a) By certifying to the court that, based upon the
  110  petition and verifiable and substantial evidence of actual
  111  innocence, no further criminal proceedings in the case at bar
  112  can or will be initiated by the prosecuting authority, that no
  113  questions of fact remain as to the petitioner’s wrongful
  114  incarceration, and that the petitioner is not ineligible from
  115  seeking compensation under the provisions of s. 961.04; or
  116         (b) By contesting the nature, significance, or effect of
  117  the evidence of actual innocence, the facts related to the
  118  petitioner’s alleged wrongful incarceration, or whether the
  119  petitioner is ineligible from seeking compensation under the
  120  provisions of s. 961.04.
  121         (3) If the prosecuting authority responds as set forth in
  122  paragraph (2)(a), the original sentencing court, based upon the
  123  evidence of actual innocence, the prosecuting authority’s
  124  certification, and upon the court’s finding that the petitioner
  125  has presented clear and convincing evidence that the petitioner
  126  committed neither the act nor the offense that served as the
  127  basis for the conviction and incarceration, and that the
  128  petitioner did not aid, abet, or act as an accomplice to a
  129  person who committed the act or offense, shall certify to the
  130  department that the petitioner is a wrongfully incarcerated
  131  person as defined by this act. Based upon the prosecuting
  132  authority’s certification, the court shall also certify to the
  133  department that the petitioner is eligible for compensation
  134  under the provisions of s. 961.04.
  135         (4)(a) If the prosecuting authority responds as set forth
  136  in paragraph (2)(b), the original sentencing court shall make a
  137  determination from the pleadings and supporting documentation
  138  whether, by a preponderance of the evidence, the petitioner is
  139  ineligible for compensation under the provisions of s. 961.04,
  140  regardless of his or her claim of wrongful incarceration. If the
  141  court finds the petitioner ineligible under the provisions of s.
  142  961.04, it shall dismiss the petition.
  143         (b) If the prosecuting authority responds as set forth in
  144  paragraph (2)(b), and the court determines that the petitioner
  145  is eligible under the provisions of s. 961.04, but the
  146  prosecuting authority contests the nature, significance or
  147  effect of the evidence of actual innocence, or the facts related
  148  to the petitioner’s alleged wrongful incarceration, the court
  149  shall set forth its findings and transfer the petition by
  150  electronic means through the division’s website to the division
  151  for findings of fact and a recommended determination of whether
  152  the petitioner has established that he or she is a wrongfully
  153  incarcerated person who is eligible for compensation under this
  154  act.
  155         Section 6. For the purpose of incorporating the amendment
  156  made by this act to section 961.06, Florida Statutes, in a
  157  reference thereto, subsection (6) of section 961.05, Florida
  158  Statutes, is reenacted to read:
  159         961.05 Application for compensation for wrongful
  160  incarceration; administrative expunction; determination of
  161  entitlement to compensation.—
  162         (6) If the department determines that a claimant meets the
  163  requirements of this act, the wrongfully incarcerated person who
  164  is the subject of the claim becomes entitled to compensation,
  165  subject to the provisions in s. 961.06.
  166         Section 7. For the purpose of incorporating the amendments
  167  made by this act to section 961.06, Florida Statutes, in
  168  references thereto, subsection (1) of section 961.055, Florida
  169  Statutes, is reenacted to read:
  170         961.055 Application for compensation for a wrongfully
  171  incarcerated person; exemption from application by nolle
  172  prosequi.—
  173         (1) A person alleged to be a wrongfully incarcerated person
  174  who was convicted and sentenced to death on or before December
  175  31, 1979, is exempt from the application provisions of ss.
  176  961.03, 961.04, and 961.05 in the determination of wrongful
  177  incarceration and eligibility to receive compensation pursuant
  178  to s. 961.06 if:
  179         (a) The Governor issues an executive order appointing a
  180  special prosecutor to review the defendant’s conviction; and
  181         (b) The special prosecutor thereafter enters a nolle
  182  prosequi for the charges for which the defendant was convicted
  183  and sentenced to death.
  184         Section 8. For the purpose of incorporating the amendment
  185  made by this act to section 961.06, Florida Statutes, in a
  186  reference thereto, subsection (4) of section 961.056, Florida
  187  Statutes, is reenacted to read:
  188         961.056 Alternative application for compensation for a
  189  wrongfully incarcerated person.—
  190         (4) If the department determines that a claimant making
  191  application under this section meets the requirements of this
  192  chapter, the wrongfully incarcerated person is entitled to
  193  compensation under s. 961.06.
  194         Section 9. This act shall take effect October 1, 2016.
  195  
  196  ================= T I T L E  A M E N D M E N T ================
  197  And the title is amended as follows:
  198         Delete everything before the enacting clause
  199  and insert:
  200                        A bill to be entitled                      
  201         An act relating to compensation of victims of wrongful
  202         incarceration; amending s. 961.02, F.S.; defining the
  203         term “violent felony”; making technical changes;
  204         amending s. 961.04, F.S.; revising the circumstances
  205         under which a person is disqualified from receiving
  206         compensation under the Victims of Wrongful
  207         Incarceration Compensation Act; amending s. 961.06,
  208         F.S.; specifying that a wrongfully incarcerated person
  209         who commits no more than one felony that is not a
  210         violent felony, rather than a felony law violation,
  211         which results in revocation of parole or community
  212         supervision is eligible for compensation; providing
  213         applicability; reenacting s. 961.03(1)(a), (2), (3),
  214         and (4), F.S., relating to determination of
  215         eligibility for compensation, to incorporate the
  216         amendments made by the act to s. 961.04, F.S., in
  217         references thereto; reenacting ss. 961.05(6),
  218         961.055(1), and 961.056(4), F.S., relating to the
  219         determination of entitlement to compensation,
  220         application for compensation for a wrongfully
  221         incarcerated person and exemption from application by
  222         nolle prosequi, and alternative application for
  223         compensation for a wrongfully incarcerated person, to
  224         incorporate the amendments made by the act to s.
  225         961.06, F.S., in references thereto; providing an
  226         effective date.