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





                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 121

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Trovillion offered the following:

12

13         Substitute Amendment for Amendment (681855) 

14         In the title

15  remove from the bill:  everything before the enacting clause

16

17  and insert in lieu thereof:

18                  A bill to be entitled

19         An act relating to sentencing; creating the

20         "Three-Strike Violent Felony Offender Act";

21         amending s. 775.082, F.S.; redefining the term

22         "prison releasee reoffender"; revising

23         legislative intent; amending s. 775.084, F.S.,

24         relating to sentencing of habitual felony

25         offenders, habitual violent felony offenders,

26         and violent career criminals; redefining the

27         terms "habitual felony offender" and "habitual

28         violent felony offender"; revising the

29         alternative time periods within which the

30         habitual felony offender or habitual violent

31         felony offender could have committed the felony

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 121

    Amendment No.     (for drafter's use only)





 1         to be sentenced; providing that the felony to

 2         be sentenced could have been committed either

 3         while the defendant was serving a prison

 4         sentence or other sentence, or within 5 years

 5         of the defendant's release from a prison

 6         sentence, probation, community control, or

 7         other sentence, under specified circumstances

 8         when the sentence was imposed as a result of a

 9         prior conviction for a felony, enumerated

10         felony, or other qualified offense; removing

11         certain references to "commitment" and

12         otherwise conforming terminology; providing

13         that the placing of a person on probation

14         without an adjudication of guilt shall be

15         treated as a prior conviction regardless of

16         when the subsequent offense was committed;

17         defining "three-time violent felony offender";

18         requiring conviction as an adult of a felony in

19         at least 2 separate and distinct incidents and

20         sentencing events; providing a category of

21         enumerated felony offenses within the

22         definition; requiring the court to sentence a

23         defendant as a three-time violent felony

24         offender and impose certain mandatory minimum

25         terms of imprisonment under specified

26         circumstances when the defendant is to be

27         sentenced for committing or attempting to

28         commit, any of the enumerated felony offenses

29         and the defendant has previously been convicted

30         of committing or attempting to commit, any two

31         of the enumerated felony offenses; providing

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 121

    Amendment No.     (for drafter's use only)





 1         penalties; providing procedures and criteria

 2         for court determination if the defendant is a

 3         three-time violent felony offender; providing

 4         for sentencing as a three-time violent felony

 5         offender; providing mandatory term of

 6         imprisonment for life when the three-time

 7         violent felony offense for which the defendant

 8         is to be sentenced is a felony punishable by

 9         life; providing mandatory prison term of 30

10         years when the three-time violent felony

11         offense is a first degree felony; providing

12         mandatory prison term of 15 years when the

13         three-time violent felony offense is a second

14         degree felony; providing mandatory prison term

15         of 5 years when the three-time violent felony

16         offense is a third degree felony; providing for

17         construction; providing that certain sentences

18         imposed before July 1, 1999, are not subject to

19         s. 921.002, F.S., relating to the Criminal

20         Punishment Code; providing for ineligibility of

21         a three-time violent felony offender for

22         parole, control release, or early release;

23         amending ss. 784.07 and 784.08, F.S.; providing

24         minimum terms of imprisonment for persons

25         convicted of aggravated assault or aggravated

26         battery of a law enforcement officer or a

27         person 65 years of age or older; amending s.

28         790.235, F.S., relating to prohibitions

29         against, and penalties for, unlawful possession

30         or other unlawful acts involving firearm,

31         electric weapon or device, or concealed weapon

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 121

    Amendment No.     (for drafter's use only)





 1         by a violent career criminal; conforming cross

 2         references to changes made by the act; creating

 3         s. 794.0115, F.S.; defining "repeat sexual

 4         batterer"; providing within the definition a

 5         category of enumerated felony offenses in

 6         violation of s. 794.011, F.S., relating to

 7         sexual battery; requiring the court to sentence

 8         a defendant as a repeat sexual batterer and

 9         impose a 10-year mandatory minimum term of

10         imprisonment under specified circumstances when

11         the defendant is to be sentenced for committing

12         or attempting to commit, any of the enumerated

13         felony violations of s. 794.011, F.S., and the

14         defendant has previously been convicted of

15         committing or attempting to commit, any one of

16         certain enumerated felony offenses involving

17         sexual battery; providing penalties; providing

18         procedures and criteria for court determination

19         if the defendant is a repeat sexual batterer;

20         providing for sentencing as a repeat sexual

21         batterer; providing for construction; amending

22         s. 794.011, F.S., to conform references to

23         changes made by the act; amending s. 893.135,

24         F.S.; redefining the offense of trafficking in

25         cannabis to include unlawful sale, purchase,

26         manufacture, delivery, bringing into the state,

27         or possession of cannabis in excess of 25

28         pounds or 300 cannabis plants; providing

29         mandatory minimum prison terms and mandatory

30         fine amounts for trafficking in specified

31         quantities of cannabis, cocaine, or illegal

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 121

    Amendment No.     (for drafter's use only)





 1         drugs; providing for sentencing pursuant to the

 2         Criminal Punishment Code of offenders convicted

 3         of trafficking in specified quantities of

 4         cannabis; providing penalties; reenacting s.

 5         397.451(7), F.S., relating to the prohibition

 6         against dissemination of state funds to service

 7         providers convicted of certain offenses, s.

 8         782.04(4)(a), F.S., relating to murder, s.

 9         893.1351(1), F.S., relating to lease or rent

10         for the purpose of trafficking in a controlled

11         substance, s. 903.133, F.S., relating to the

12         prohibition against bail on appeal for certain

13         felony convictions, s. 907.041(4)(b), F.S.,

14         relating to pretrial detention and release, s.

15         921.0022(3)(g), (h), and (i), F.S., relating to

16         the Criminal Punishment Code offense severity

17         ranking chart, s. 921.0024(1)(b), F.S.,

18         relating to the Criminal Punishment Code

19         worksheet computations and scoresheets, s.

20         921.142(2), F.S., relating to sentencing for

21         capital drug trafficking felonies, s. 943.0585,

22         F.S., relating to court-ordered expunction of

23         criminal history records, and s. 943.059, F.S.,

24         relating to court-ordered sealing of criminal

25         history records, to incorporate said amendment

26         in references; amending s. 943.0535, F.S.,

27         relating to aliens and criminal records;

28         requiring clerk of the courts to furnish

29         criminal records to United States immigration

30         officers; requiring state attorney to assist

31         clerk of the courts in determining which

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 121

    Amendment No.     (for drafter's use only)





 1         defendants are aliens; requiring the Governor

 2         to place public service announcements

 3         explaining the provisions of this act;

 4         providing an effective date.

 5

 6         WHEREAS, in 1996, Florida had the highest violent crime

 7  rate of any state in the nation, exceeding the national

 8  average by 66 percent, and

 9         WHEREAS, although this state possessed the highest

10  state violent crime rate in 1996 in the nation, the

11  incarceration rate in this state in 1996 was less than the

12  incarceration rate in at least eleven other states, all of

13  which had a lower violent crime rate than the rate in this

14  state, and

15         WHEREAS, since 1988, criminals in this state have

16  committed at least 1.6 million violent crimes against

17  Floridians and visitors to this state, and

18         WHEREAS, the per capita violent crime rate has

19  increased 86 percent in this state in the last 25 years, and

20         WHEREAS, in fiscal year 1996-1997, over 16,000 violent

21  felons in this state were sentenced to probation, community

22  control, and other punishments that did not incarcerate the

23  violent felon for the maximum prison term authorized by law,

24  and

25         WHEREAS, during that same fiscal year, less than 9,900

26  violent felons were sentenced to prison, while during that

27  same period criminals committed approximately 150,000 violent

28  felonies, and

29         WHEREAS, in this state, as of June 30, 1997, more

30  violent felons were on probation, community control, control

31  release, or parole, than were in state prison, and

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 121

    Amendment No.     (for drafter's use only)





 1         WHEREAS, in 1997, only 15.6 percent of all persons

 2  convicted of a felony were sentenced to state prison, the

 3  second lowest rate of incarcerated felons since 1984, and

 4         WHEREAS, the rate of incarcerated felons has declined

 5  seven out of the last eight years, and

 6         WHEREAS, since fiscal year 1993-1994, the per capita

 7  prison population rate in this state has increased 10 percent

 8  and the proportion of violent offenders incarcerated in state

 9  prison has increased 5 percent, and

10         WHEREAS, since 1995, the Florida Legislature has

11  enacted stronger criminal punishment laws, including requiring

12  all prisoners to serve 85 percent of their court-imposed

13  sentences, and

14         WHEREAS, since 1994, the violent crime rate in this

15  state has decreased 9.8 percent, and

16         WHEREAS, the Legislature previously has found that a

17  substantial and disproportionate number of serious crimes are

18  committed in this state by a relatively small number of repeat

19  and violent felony offenders, that priority should be given to

20  the incarceration of career criminals for extended prison

21  terms, and that, in the case of violent career criminals, such

22  extended terms must include substantial minimum terms of

23  imprisonment, and

24         WHEREAS, as of June 30, 1997, only 71 designated

25  "violent career criminals" have been sentenced to mandatory

26  prison terms, out of a prison population of over 65,000 state

27  inmates; and this number does not approach the true number of

28  repeat violent felony offenders in this state, and

29         WHEREAS, to be sentenced as a "violent career

30  criminal," a felon must be convicted of at least four violent,

31  forcible, or serious felonies and must have served a prison

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 121

    Amendment No.     (for drafter's use only)





 1  term, and

 2         WHEREAS, current law does not require the courts to

 3  impose mandatory prison terms on violent felons who commit

 4  three violent felonies, and these three-time violent felony

 5  offenders should be sentenced to mandatory maximum prison

 6  terms to protect citizens of this state and visitors, and

 7         WHEREAS, studies such as the recent report issued by

 8  the National Center for Policy Analysis, "Does punishment

 9  deter?", indicate that recent crime rates have declined

10  because of the increasing number of incarcerated felons, and

11         WHEREAS, since California enacted "three strike"

12  legislation in 1994 that requires courts to impose mandatory

13  prison terms on repeat felony offenders convicted of three

14  serious crimes, that state has experienced significant

15  reductions in violent crime, and overall crime rates, and

16         WHEREAS, a study by the RAND Corporation estimates that

17  the enforcement of this California legislation will reduce

18  serious crime in California committed by adults between 22 and

19  34 percent, and

20         WHEREAS, the enactment and enforcement of legislation

21  in Florida that requires courts to impose mandatory prison

22  terms on three-time violent felony offenders will improve

23  public safety by incapacitating repeat offenders who are most

24  likely to murder, rape, rob, or assault innocent victims in

25  our communities, and

26         WHEREAS, imposing mandatory prison terms on three-time

27  violent felony offenders will prevent such offenders from

28  committing more crimes in our communities, and likely

29  accelerate recent declines in the violent crime rate in this

30  state, NOW, THEREFORE,

31

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