Senate Bill 0514c1

    Florida Senate - 1998                            CS for SB 514

    By the Committee on Criminal Justice and Senators Grant,
    Brown-Waite, Cowin and Casas




    307-1629-98

  1                      A bill to be entitled

  2         An act relating to sexual predators; amending

  3         s. 775.21, F.S.; revising the period of time

  4         after which a sexual predator may petition the

  5         court for removal of such designation;

  6         requiring that the court make certain

  7         determinations following a petition to remove

  8         an offender's designation as a sexual predator;

  9         requiring that the state attorney be given

10         notice of such petition; authorizing the state

11         attorney to present evidence at the hearing on

12         the petition; authorizing the court to allow a

13         sexual predator to petition the court at a

14         future date; providing an effective date.

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

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18         Section 1.  Paragraph (g) of subsection (6) of section

19  775.21, Florida Statutes, is amended to read:

20         775.21  The Florida Sexual Predators Act; definitions;

21  legislative findings, purpose, and intent; criteria;

22  designation; registration; community and public notification;

23  immunity; penalties.--

24         (6)  REGISTRATION.--

25         (g)  A sexual predator must maintain registration with

26  the department for the duration of his or her life, unless the

27  sexual predator has had his or her civil rights restored, or

28  has received a full pardon or has had a conviction set aside

29  in a postconviction proceeding for any felony sex offense that

30  met the criteria for the sexual predator designation. However,

31  a sexual predator who was designated a sexual predator by a

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






    Florida Senate - 1998                            CS for SB 514
    307-1629-98




  1  court before July 1, 1998, and who has been lawfully released

  2  from confinement, supervision, or sanction, whichever is

  3  later, for at least 10 years and has not been arrested for any

  4  felony or misdemeanor offense since release, may petition the

  5  criminal division of the circuit court in the circuit in which

  6  the sexual predator resides for the purpose of removing the

  7  sexual predator designation. A sexual predator who was

  8  designated a sexual predator by a court on or after July 1,

  9  1998, who has been lawfully released from confinement,

10  supervision, or sanction, whichever is later, for a least 20

11  years, and who has not been arrested for any felony or

12  misdemeanor offense since release may petition the criminal

13  division of the circuit court in the circuit in which the

14  sexual predator resides for the purpose of removing the sexual

15  predator designation. The court may has the discretion to

16  grant or deny such relief if the petitioner demonstrates to

17  the court that he or she has not been arrested for any felony

18  or misdemeanor offense since release, the requested relief

19  complies with federal standards applicable to the removal of

20  the designation as a sexual predator, and the court is

21  otherwise satisfied that the petitioner is not a current or

22  potential threat to public safety. The state attorney in the

23  circuit in which the petition is filed must be given notice of

24  the petition at least 3 weeks before the hearing on the

25  matter. The state attorney may present evidence in opposition

26  to the requested relief or may otherwise demonstrate why the

27  petition should be denied. If the court denies the petition,

28  the court may set a future date at which the sexual predator

29  may again petition the court for relief, subject to the

30  standards for relief provided in this paragraph.

31         Section 2.  This act shall take effect July 1, 1998.

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






    Florida Senate - 1998                            CS for SB 514
    307-1629-98




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 514

  3

  4  .    Deletes the provision that would not allow a sexual
         predator to petition a court to possibly remove the
  5       predator designation 10 years after release.

  6  .    Maintains the opportunity to petition the court for
         removal of the predator designation after 10 years, under
  7       certain circumstances, for offenders who were designated
         sexual predators before July 1, 1998.
  8
    .    Extends the time period that must pass, from 10 years to
  9       20 years, before sexual predators may petition the court
         for removal of the designation if the sexual predators
10       were so designated on or after July 1, 1998.

11  .    Clarifies where a sexual predator must file his or her
         petition, the criteria that must be demonstrated to the
12       court, and the notice of the hearing that must be
         provided to the state attorney.
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