CODING: Words stricken are deletions; words underlined are additions.



                                                  SENATE AMENDMENT

    Bill No. SB 204

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Cowin moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 0, delete everything after the enacting clause

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16  and insert:

17         Section 1.  Paragraphs (c) and (d) of subsection (4) of

18  section 921.0016, Florida Statutes, 1996 Supplement, are

19  amended to read:

20         921.0016  Recommended sentences; departure sentences;

21  aggravating and mitigating circumstances.--

22         (4)  Mitigating circumstances under which a departure

23  from the sentencing guidelines is reasonably justified

24  include, but are not limited to:

25         (c)  The capacity of the defendant to appreciate the

26  criminal nature of the conduct or to conform that conduct to

27  the requirements of law was substantially impaired. However, a

28  person's capacity, if diminished by the influence of alcohol

29  or controlled substances at the time of the offense, may not

30  in any manner be considered a reason to impose a sentence

31  below the guidelines, or for any other manner of mitigation.

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                                                  SENATE AMENDMENT

    Bill No. SB 204

    Amendment No.    





  1         (d)  The defendant requires specialized treatment for a

  2  addiction, mental disorder, or physical disability, and the

  3  defendant is amenable to treatment. However, addiction,

  4  alcoholism, or substance abuse may not in any manner be

  5  considered a reason to impose a sentence below the guidelines,

  6  or for any other manner of mitigation.

  7         Section 2.  For the purpose of incorporating the

  8  amendment to s. 921.0016, Florida Statutes, 1996 Supplement,

  9  in a reference thereto, subsection (6) of section 921.001,

10  Florida Statutes, is reenacted to read:

11         921.001  Sentencing Commission and sentencing

12  guidelines generally.--

13         (6)  A court may impose a departure sentence outside

14  the sentencing guidelines based upon circumstances or factors

15  which reasonably justify the aggravation or mitigation of the

16  sentence in accordance with s. 921.0016.  The level of proof

17  necessary to establish facts supporting a departure from a

18  sentence under the guidelines is a preponderance of the

19  evidence.  When multiple reasons exist to support a departure

20  from a guidelines sentence, the departure shall be upheld when

21  at least one circumstance or factor justifies the departure

22  regardless of the presence of other circumstances or factors

23  found not to justify departure.  Any sentence imposed outside

24  the range recommended by the guidelines must be explained in

25  writing by the trial court judge.

26         Section 3.  This act shall take effect July 1, 1997.

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29  ================ T I T L E   A M E N D M E N T ===============

30  And the title is amended as follows:

31         Delete everything before the enacting clause

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                                                  SENATE AMENDMENT

    Bill No. SB 204

    Amendment No.    





  1  and insert:

  2                      A bill to be entitled

  3         An act relating to sentencing; amending s.

  4         921.0016, F.S.; providing that addiction,

  5         alcoholism, or substance abuse, or diminished

  6         capacity due to the influence of alcohol or

  7         controlled substances, shall not be the basis

  8         for mitigating a recommended guidelines

  9         sentence; reenacting s. 921.001(6), F.S.,

10         relating to Sentencing Commission and

11         sentencing guidelines, generally, to

12         incorporate a reference to said amendment;

13         providing an effective date.

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