Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 1308
       
       
       
       
       
       
                                Ì556568XÎ556568                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/04/2020           .                                
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       The Committee on Criminal Justice (Brandes) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 75 - 138
    4  and insert:
    5  review of his or her sentence under s. 921.1402 or s. 921.1403,
    6  respectively, may be resentenced and released from imprisonment
    7  if a court deems the resentencing appropriate in accordance with
    8  the review requirements under such sections.
    9         Section 3. Paragraph (a) of subsection (2) of section
   10  921.1402, Florida Statutes, is amended, and subsection (4) of
   11  that section is reenacted, to read:
   12         921.1402 Review of sentences for persons convicted of
   13  specified offenses committed while under the age of 18 years.—
   14         (2)(a) A juvenile offender sentenced under s.
   15  775.082(1)(b)1. is entitled to a review of his or her sentence
   16  after 25 years. However, a juvenile offender is not entitled to
   17  review if he or she has previously been convicted of committing
   18  one of the following offenses, or of conspiracy to commit one of
   19  the following offenses, murder if the murder offense for which
   20  the person was previously convicted was part of a separate
   21  criminal transaction or episode than the murder that which
   22  resulted in the sentence under s. 775.082(1)(b)1.:
   23         1. Murder;
   24         2. Manslaughter;
   25         3. Sexual battery;
   26         4. Armed burglary;
   27         5. Armed robbery;
   28         6. Armed carjacking;
   29         7. Home-invasion robbery;
   30         8. Human trafficking for commercial sexual activity with a
   31  child under 18 years of age;
   32         9. False imprisonment under s. 787.02(3)(a); or
   33         10. Kidnapping.
   34         (4) A juvenile offender seeking sentence review pursuant to
   35  subsection (2) must submit an application to the court of
   36  original jurisdiction requesting that a sentence review hearing
   37  be held. The juvenile offender must submit a new application to
   38  the court of original jurisdiction to request subsequent
   39  sentence review hearings pursuant to paragraph (2)(d). The
   40  sentencing court shall retain original jurisdiction for the
   41  duration of the sentence for this purpose.
   42         Section 4. Section 921.14021, Florida Statutes, is created
   43  to read:
   44         921.14021 Retroactive application relating to s. 921.1402;
   45  legislative intent; review of sentence.—
   46         (1) It is the intent of the Legislature to retroactively
   47  apply the amendments made to s. 921.1402 which are effective on
   48  July 1, 2020, only as provided in this section, to juvenile
   49  offenders convicted of a capital offense and sentenced under s.
   50  775.082(1)(b)1. who have been ineligible for sentence review
   51  hearings because of a previous conviction of an offense
   52  enumerated in s. 921.1402(2)(a) thereby providing such juvenile
   53  offenders with an opportunity for consideration by a court and
   54  an opportunity for release if deemed appropriate under law.
   55         (2) A juvenile offender, as defined in s. 921.1402, who was
   56  convicted for a capital offense and sentenced under s.
   57  775.082(1)(b)1., and who was ineligible for a sentence review
   58  hearing pursuant to s. 921.1402(2)(a)2.-10. as it existed before
   59  July 1, 2020, is entitled to a review of his or her sentence
   60  after 25 years or, if on July 1, 2020, 25 years have already
   61  passed since the sentencing, immediately.
   62         Section 5. Section 921.1403, Florida Statutes, is created
   63  to read:
   64         921.1403Review of sentences for persons convicted of
   65  specified offenses committed while under 25 years of age.—
   66         (1) As used in this section, the term “young adult
   67  offender” means a person who committed an offense before he or
   68  she reached 25 years of age and for which he or she is sentenced
   69  to a term of years in the custody of the Department of
   70  Corrections, regardless of the date of sentencing.
   71         (2)A young adult offender is not entitled to a sentence
   72  review under this section if he or she has previously been
   73  convicted of committing, or of conspiring to commit, murder if
   74  the murder offense for which the person was previously convicted
   75  was part of a separate criminal transaction or episode than that
   76  which resulted in the sentence under s. 775.082(3)(a)1., 2., 3.,
   77  4., or 6., or (b)1.
   78  ================= T I T L E  A M E N D M E N T ================
   79  And the title is amended as follows:
   80         Delete lines 10 - 17
   81  and insert:
   82         921.14021, F.S.; providing legislative intent;
   83         providing for retroactive application of a specified
   84         provision relating to review of sentence for juvenile
   85         offenders convicted of murder; providing for immediate
   86         review of certain sentences; creating s. 921.1403,
   87         F.S.; defining the term “young adult offender”;
   88         precluding eligibility for a sentence review for young
   89         adult offenders who previously committed, or conspired
   90         to commit, murder