Florida Senate - 2019                                    SB 1260
       
       
        
       By Senator Wright
       
       
       
       
       
       14-01690-19                                           20191260__
    1                        A bill to be entitled                      
    2         An act relating to mandatory direct file; amending s.
    3         985.557, F.S.; repealing provisions requiring the
    4         mandatory direct filing of charges in adult court
    5         against juveniles in certain circumstances; amending
    6         s. 985.565, F.S.; conforming provisions to changes
    7         made by the act; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Subsection (2) of section 985.557, Florida
   12  Statutes, is amended to read:
   13         985.557 Direct filing of an information; discretionary and
   14  mandatory criteria.—
   15         (2)MANDATORY DIRECT FILE.—
   16         (a)With respect to any child who was 16 or 17 years of age
   17  at the time the alleged offense was committed, the state
   18  attorney shall file an information if the child has been
   19  previously adjudicated delinquent for an act classified as a
   20  felony, which adjudication was for the commission of, attempt to
   21  commit, or conspiracy to commit murder, sexual battery, armed or
   22  strong-armed robbery, carjacking, home-invasion robbery,
   23  aggravated battery, or aggravated assault, and the child is
   24  currently charged with a second or subsequent violent crime
   25  against a person.
   26         (b)With respect to any child 16 or 17 years of age at the
   27  time an offense classified as a forcible felony, as defined in
   28  s. 776.08, was committed, the state attorney shall file an
   29  information if the child has previously been adjudicated
   30  delinquent or had adjudication withheld for three acts
   31  classified as felonies each of which occurred at least 45 days
   32  apart from each other. This paragraph does not apply when the
   33  state attorney has good cause to believe that exceptional
   34  circumstances exist which preclude the just prosecution of the
   35  juvenile in adult court.
   36         (c)The state attorney must file an information if a child,
   37  regardless of the child’s age at the time the alleged offense
   38  was committed, is alleged to have committed an act that would be
   39  a violation of law if the child were an adult, that involves
   40  stealing a motor vehicle, including, but not limited to, a
   41  violation of s. 812.133, relating to carjacking, or s.
   42  812.014(2)(c)6., relating to grand theft of a motor vehicle, and
   43  while the child was in possession of the stolen motor vehicle
   44  the child caused serious bodily injury to or the death of a
   45  person who was not involved in the underlying offense. For
   46  purposes of this section, the driver and all willing passengers
   47  in the stolen motor vehicle at the time such serious bodily
   48  injury or death is inflicted shall also be subject to mandatory
   49  transfer to adult court. “Stolen motor vehicle,” for the
   50  purposes of this section, means a motor vehicle that has been
   51  the subject of any criminal wrongful taking. For purposes of
   52  this section, “willing passengers” means all willing passengers
   53  who have participated in the underlying offense.
   54         (d)1.With respect to any child who was 16 or 17 years of
   55  age at the time the alleged offense was committed, the state
   56  attorney shall file an information if the child has been charged
   57  with committing or attempting to commit an offense listed in s.
   58  775.087(2)(a)1.a.-p., and, during the commission of or attempt
   59  to commit the offense, the child:
   60         a.Actually possessed a firearm or destructive device, as
   61  those terms are defined in s. 790.001.
   62         b.Discharged a firearm or destructive device, as described
   63  in s. 775.087(2)(a)2.
   64         c.Discharged a firearm or destructive device, as described
   65  in s. 775.087(2)(a)3., and, as a result of the discharge, death
   66  or great bodily harm was inflicted upon any person.
   67         2.Upon transfer, any child who is:
   68         a.Charged under sub-subparagraph 1.a. and who has been
   69  previously adjudicated or had adjudication withheld for a
   70  forcible felony offense or any offense involving a firearm, or
   71  who has been previously placed in a residential commitment
   72  program, shall be subject to sentencing under s. 775.087(2)(a),
   73  notwithstanding s. 985.565.
   74         b.Charged under sub-subparagraph 1.b. or sub-subparagraph
   75  1.c., shall be subject to sentencing under s. 775.087(2)(a),
   76  notwithstanding s. 985.565.
   77         3.Upon transfer, any child who is charged under this
   78  paragraph, but who does not meet the requirements specified in
   79  subparagraph 2., shall be sentenced under s. 985.565; however,
   80  if the court imposes a juvenile sanction, the court must commit
   81  the child to a high-risk or maximum-risk juvenile facility.
   82         4.This paragraph shall not apply if the state attorney has
   83  good cause to believe that exceptional circumstances exist that
   84  preclude the just prosecution of the child in adult court.
   85         5.The Department of Corrections shall make every
   86  reasonable effort to ensure that any child 16 or 17 years of age
   87  who is convicted and sentenced under this paragraph be
   88  completely separated such that there is no physical contact with
   89  adult offenders in the facility, to the extent that it is
   90  consistent with chapter 958.
   91         Section 2. Paragraphs (a) and (b) of subsection (4) of
   92  section 985.565, Florida Statutes, are amended to read:
   93         985.565 Sentencing powers; procedures; alternatives for
   94  juveniles prosecuted as adults.—
   95         (4) SENTENCING ALTERNATIVES.—
   96         (a) Adult sanctions.—
   97         1. Cases prosecuted on indictment.—If the child is found to
   98  have committed the offense punishable by death or life
   99  imprisonment, the child shall be sentenced as an adult. If the
  100  juvenile is not found to have committed the indictable offense
  101  but is found to have committed a lesser included offense or any
  102  other offense for which he or she was indicted as a part of the
  103  criminal episode, the court may sentence as follows:
  104         a. As an adult;
  105         b. Under chapter 958; or
  106         c. As a juvenile under this section.
  107         2. Other cases.—If a child who has been transferred for
  108  criminal prosecution pursuant to information or waiver of
  109  juvenile court jurisdiction is found to have committed a
  110  violation of state law or a lesser included offense for which he
  111  or she was charged as a part of the criminal episode, the court
  112  may sentence as follows:
  113         a. As an adult;
  114         b. Under chapter 958; or
  115         c. As a juvenile under this section.
  116         3. Notwithstanding any other provision to the contrary, if
  117  the state attorney is required to file a motion to transfer and
  118  certify the juvenile for prosecution as an adult under s.
  119  985.556(3) and that motion is granted, or if the state attorney
  120  is required to file an information under s. 985.557(2)(a) or
  121  (b), the court must impose adult sanctions.
  122         4. Any sentence imposing adult sanctions is presumed
  123  appropriate, and the court is not required to set forth specific
  124  findings or enumerate the criteria in this subsection as any
  125  basis for its decision to impose adult sanctions.
  126         5. When a child has been transferred for criminal
  127  prosecution as an adult and has been found to have committed a
  128  violation of state law, the disposition of the case may include
  129  the enforcement of any restitution ordered in any juvenile
  130  proceeding.
  131         (b) Juvenile sanctions.—For juveniles transferred to adult
  132  court but who do not qualify for such transfer under s.
  133  985.556(3) or s. 985.557(2)(a) or (b), the court may impose
  134  juvenile sanctions under this paragraph. If juvenile sentences
  135  are imposed, the court shall, under this paragraph, adjudge the
  136  child to have committed a delinquent act. Adjudication of
  137  delinquency shall not be deemed a conviction, nor shall it
  138  operate to impose any of the civil disabilities ordinarily
  139  resulting from a conviction. The court shall impose an adult
  140  sanction or a juvenile sanction and may not sentence the child
  141  to a combination of adult and juvenile punishments. An adult
  142  sanction or a juvenile sanction may include enforcement of an
  143  order of restitution or probation previously ordered in any
  144  juvenile proceeding. However, if the court imposes a juvenile
  145  sanction and the department determines that the sanction is
  146  unsuitable for the child, the department shall return custody of
  147  the child to the sentencing court for further proceedings,
  148  including the imposition of adult sanctions. Upon adjudicating a
  149  child delinquent under subsection (1), the court may:
  150         1. Place the child in a probation program under the
  151  supervision of the department for an indeterminate period of
  152  time until the child reaches the age of 19 years or sooner if
  153  discharged by order of the court.
  154         2. Commit the child to the department for treatment in an
  155  appropriate program for children for an indeterminate period of
  156  time until the child is 21 or sooner if discharged by the
  157  department. The department shall notify the court of its intent
  158  to discharge no later than 14 days prior to discharge. Failure
  159  of the court to timely respond to the department’s notice shall
  160  be considered approval for discharge.
  161         3. Order disposition under ss. 985.435, 985.437, 985.439,
  162  985.441, 985.45, and 985.455 as an alternative to youthful
  163  offender or adult sentencing if the court determines not to
  164  impose youthful offender or adult sanctions.
  165  
  166  It is the intent of the Legislature that the criteria and
  167  guidelines in this subsection are mandatory and that a
  168  determination of disposition under this subsection is subject to
  169  the right of the child to appellate review under s. 985.534.
  170         Section 3. This act shall take effect July 1, 2019.