Senate Bill 0428

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    Florida Senate - 1998                                   SB 428

    By the Committee on Criminal Justice





    307-537A-98

  1                      A bill to be entitled

  2         An act relating to criminal justice; amending

  3         s. 741.28, F.S.; redefining the term "domestic

  4         violence"; amending ss. 741.281, 741.2909,

  5         F.S.; requiring that if a person is ordered by

  6         the court to attend a batterers' intervention

  7         program, the program must be a program

  8         certified by the Department of Corrections;

  9         amending s. 775.084, F.S.; authorizing the

10         chief judge of each judicial circuit to

11         establish a court to hear cases against violent

12         career criminals, habitual felony offenders,

13         habitual violent felony offenders, and prison

14         releasee reoffenders; providing an effective

15         date.

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17  Be It Enacted by the Legislature of the State of Florida:

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19         Section 1.  Section 741.28, Florida Statutes, is

20  amended to read:

21         741.28  Domestic violence; definitions.--As used in ss.

22  741.28-741.31, the term:

23         (1)  "Domestic violence" means any assault, aggravated

24  assault, battery, aggravated battery, sexual assault, sexual

25  battery, stalking, aggravated stalking, kidnapping, false

26  imprisonment, or any criminal offense resulting in physical

27  injury or death of one family or household member by another

28  family or household member who is or was residing in the same

29  single dwelling unit.

30         (2)  "Family or household member" means spouses, former

31  spouses, persons related by blood or marriage, persons who are

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    Florida Senate - 1998                                   SB 428
    307-537A-98




  1  presently residing together as if a family or who have resided

  2  together in the past as if a family, and persons who have a

  3  child in common regardless of whether they have been married

  4  or have resided together at any time.

  5         (3)  "Department" means the Florida Department of Law

  6  Enforcement.

  7         (4)  "Law enforcement officer" means any person who is

  8  elected, appointed, or employed by any municipality or the

  9  state or any political subdivision thereof who meets the

10  minimum qualifications established in s. 943.13 and is

11  certified as a law enforcement officer under s. 943.1395.

12         Section 2.  Section 741.281, Florida Statutes, is

13  amended to read:

14         741.281  Court to order batterers' intervention program

15  attendance.--If a person is found guilty of, has had

16  adjudication withheld on, or has pled nolo contendere to a

17  crime of domestic violence, as defined in s. 741.28, that

18  person shall be ordered by the court to a minimum term of 1

19  year's probation and the court shall order that the defendant

20  attend a batterers' intervention program that is certified

21  under s. 741.32 as a condition of probation.  If a person is

22  admitted to a pretrial diversion program and has been charged

23  with an act of domestic violence, as defined in s. 741.28, the

24  court shall order as a condition of the program that the

25  defendant attend a batterers' intervention program that is

26  certified under s. 741.32. The court must impose the condition

27  of the batterers' intervention program for a defendant placed

28  on probation or pretrial diversion under this section, but the

29  court, in its discretion, may determine not to impose the

30  condition if it states on the record why a batterers'

31  intervention program might be inappropriate.  It is preferred,

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    Florida Senate - 1998                                   SB 428
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  1  but not mandatory, that such programs be certified under s.

  2  741.32. The imposition of probation under this section does

  3  shall not preclude the court from imposing any sentence of

  4  imprisonment authorized by s. 775.082.

  5         Section 3.  Paragraph (h) of subsection (2) of section

  6  741.2902, Florida Statutes, is amended to read:

  7         741.2902  Domestic violence; legislative intent with

  8  respect to judiciary's role.--

  9         (2)  It is the intent of the Legislature, with respect

10  to injunctions for protection against domestic violence,

11  issued pursuant to s. 741.30, that the court shall:

12         (h)  Consider requiring the perpetrator to complete a

13  batterers' intervention program that is.  It is preferred that

14  such program be certified under s. 741.32.

15         Section 4.  Present subsection (6) of section 775.084,

16  Florida Statutes, as amended by section 12 of chapter 97-194,

17  Laws of Florida, is redesignated as subsection (7), and a new

18  subsection (6) is added to that section to read:

19         775.084  Violent career criminals; habitual felony

20  offenders and habitual violent felony offenders; definitions;

21  procedure; enhanced penalties.--

22         (6)  The chief judge of each judicial circuit may, by

23  administrative order, establish a specialized court for the

24  purpose of hearing cases prosecuted under this section or s.

25  775.082(8).

26         Section 5.  This act shall take effect October 1, 1998.

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    Florida Senate - 1998                                   SB 428
    307-537A-98




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  2                          SENATE SUMMARY

  3    Redefines the offense of domestic violence to mean
      certain offenses committed against one family or
  4    household member by another family or household member.
      Requires that if the court orders a person to attend a
  5    batterers' intervention program following an alleged or
      adjudged crime of domestic violence, the program must be
  6    a program certified by the Department of Corrections.
      Authorizes the chief judge of the circuit to establish a
  7    court for the purpose of hearing cases against violent
      career criminals, habitual felony offenders, habitual
  8    violent felony offenders, and prison releasee
      reoffenders.
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