House Bill 0349

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    Florida House of Representatives - 1999                 HB 349

        By the Committee on Law Enforcement & Crime Prevention and
    Representative Futch





  1                      A bill to be entitled

  2         An act relating to possession or discharge of

  3         weapons or firearms on school property;

  4         amending s. 790.115, F.S.; requiring a minor

  5         charged with certain activities to be detained

  6         in secure detention; requiring a hearing within

  7         a time certain; authorizing a court to order

  8         continued secure detention for a certain

  9         period; providing requirements for such

10         detention; amending s. 985.215, F.S.; requiring

11         secure detention care placement for a child

12         charged with certain activities; authorizing a

13         court to continue detaining a child charged

14         with certain activities; amending s. 985.227,

15         F.S.; providing for discretionary direct file

16         for the offense of possessing or discharging

17         weapons or firearms on school property;

18         providing an effective date.

19

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

21

22         Section 1.  Subsection (4) is added to section 790.115,

23  Florida Statutes, to read:

24         790.115  Possessing or discharging weapons or firearms

25  on school property prohibited; penalties; exceptions.--

26         (4)  Notwithstanding s. 985.213, s. 985.214, or s.

27  985.215(1), any minor under 18 years of age who is charged

28  under this section with possessing or discharging weapons or

29  firearms on school property shall be detained in secure

30  detention, unless the state attorney authorizes the release of

31  the minor, and shall be given a probable cause hearing within

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    Florida House of Representatives - 1999                 HB 349

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  1  24 hours after being taken into custody.  At the hearing, the

  2  court may order that the minor continue to be held in secure

  3  detention for a period of 21 days, during which time the minor

  4  shall receive medical, psychiatric, psychological, or

  5  substance abuse examinations pursuant to s. 985.224 and a

  6  written report shall be completed.

  7         Section 2.  Paragraph (b) of subsection (1) and

  8  subsection (2) of section 985.215, Florida Statutes, 1998

  9  Supplement, are amended to read:

10         985.215  Detention.--

11         (1)  The juvenile probation officer shall receive

12  custody of a child who has been taken into custody from the

13  law enforcement agency and shall review the facts in the law

14  enforcement report or probable cause affidavit and make such

15  further inquiry as may be necessary to determine whether

16  detention care is required.

17         (b)  The juvenile probation officer shall base the

18  decision whether or not to place the child into secure

19  detention care, home detention care, or nonsecure detention

20  care on an assessment of risk in accordance with the risk

21  assessment instrument and procedures developed by the

22  Department of Juvenile Justice under s. 985.213. However, a

23  child charged with possessing or discharging any weapon or

24  firearm on school property in violation of s. 790.115 shall be

25  placed in secure detention care.

26

27  Under no circumstances shall the juvenile probation officer or

28  the state attorney or law enforcement officer authorize the

29  detention of any child in a jail or other facility intended or

30  used for the detention of adults, without an order of the

31  court.

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  1         (2)  Subject to the provisions of subsection (1), a

  2  child taken into custody and placed into nonsecure or home

  3  detention care or detained in secure detention care prior to a

  4  detention hearing may continue to be detained by the court if:

  5         (a)  The child is alleged to be an escapee or an

  6  absconder from a commitment program, a community control

  7  program, furlough, or aftercare supervision, or is alleged to

  8  have escaped while being lawfully transported to or from such

  9  program or supervision.

10         (b)  The child is wanted in another jurisdiction for an

11  offense which, if committed by an adult, would be a felony.

12         (c)  The child is charged with a delinquent act or

13  violation of law and requests in writing through legal counsel

14  to be detained for protection from an imminent physical threat

15  to his or her personal safety.

16         (d)  The child is charged with committing an offense of

17  domestic violence as defined in s. 741.28(1) and is detained

18  as provided in s. 985.213(2)(b)3.

19         (e)  The child is charged with possession or

20  discharging any weapon or firearm on school property in

21  violation of 790.115.

22         (f)(e)  The child is charged with a capital felony, a

23  life felony, a felony of the first degree, a felony of the

24  second degree that does not involve a violation of chapter

25  893, or a felony of the third degree that is also a crime of

26  violence, including any such offense involving the use or

27  possession of a firearm.

28         (g)(f)  The child is charged with any second degree or

29  third degree felony involving a violation of chapter 893 or

30  any third degree felony that is not also a crime of violence,

31  and the child:

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    Florida House of Representatives - 1999                 HB 349

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  1         1.  Has a record of failure to appear at court hearings

  2  after being properly notified in accordance with the Rules of

  3  Juvenile Procedure;

  4         2.  Has a record of law violations prior to court

  5  hearings;

  6         3.  Has already been detained or has been released and

  7  is awaiting final disposition of the case;

  8         4.  Has a record of violent conduct resulting in

  9  physical injury to others; or

10         5.  Is found to have been in possession of a firearm.

11         (h)(g)  The child is alleged to have violated the

12  conditions of the child's community control or aftercare

13  supervision. However, a child detained under this paragraph

14  may be held only in a consequence unit as provided in s.

15  985.231(1)(a)1.c. If a consequence unit is not available, the

16  child shall be placed on home detention with electronic

17  monitoring.

18

19  A child who meets any of these criteria and who is ordered to

20  be detained pursuant to this subsection shall be given a

21  hearing within 24 hours after being taken into custody. The

22  purpose of the detention hearing is to determine the existence

23  of probable cause that the child has committed the delinquent

24  act or violation of law with which he or she is charged and

25  the need for continued detention. Unless a child is detained

26  under paragraph (d) or paragraph (e), the court shall utilize

27  the results of the risk assessment performed by the juvenile

28  probation officer and, based on the criteria in this

29  subsection, shall determine the need for continued detention.

30  A child placed into secure, nonsecure, or home detention care

31  may continue to be so detained by the court pursuant to this

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  1  subsection. If the court orders a placement more restrictive

  2  than indicated by the results of the risk assessment

  3  instrument, the court shall state, in writing, clear and

  4  convincing reasons for such placement. Except as provided in

  5  s. 790.22(8) or in subparagraph (10)(a)2., paragraph (10)(b),

  6  paragraph (10)(c), or paragraph (10)(d), when a child is

  7  placed into secure or nonsecure detention care, or into a

  8  respite home or other placement pursuant to a court order

  9  following a hearing, the court order must include specific

10  instructions that direct the release of the child from such

11  placement no later than 5 p.m. on the last day of the

12  detention period specified in paragraph (5)(b) or paragraph

13  (5)(c), or subparagraph (10)(a)1., whichever is applicable,

14  unless the requirements of such applicable provision have been

15  met or an order of continuance has been granted pursuant to

16  paragraph (5)(d).

17         Section 3.  Paragraph (a) of subsection (1) of section

18  985.227, Florida Statutes, is amended to read:

19         985.227  Prosecution of juveniles as adults by the

20  direct filing of an information in the criminal division of

21  the circuit court; discretionary criteria; mandatory

22  criteria.--

23         (1)  DISCRETIONARY DIRECT FILE; CRITERIA.--

24         (a)  With respect to any child who was 14 or 15 years

25  of age at the time the alleged offense was committed, the

26  state attorney may file an information when in the state

27  attorney's judgment and discretion the public interest

28  requires that adult sanctions be considered or imposed and

29  when the offense charged is:

30         1.  Arson;

31         2.  Sexual battery;

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  1         3.  Robbery;

  2         4.  Kidnapping;

  3         5.  Aggravated child abuse;

  4         6.  Aggravated assault;

  5         7.  Aggravated stalking;

  6         8.  Murder;

  7         9.  Manslaughter;

  8         10.  Unlawful throwing, placing, or discharging of a

  9  destructive device or bomb;

10         11.  Armed burglary in violation of s. 810.02(2)(b) or

11  specified burglary of a dwelling or structure in violation of

12  s. 810.02(2)(c);

13         12.  Aggravated battery;

14         13.  Lewd or lascivious assault or act in the presence

15  of a child;

16         14.  Carrying, displaying, using, threatening, or

17  attempting to use a weapon or firearm during the commission of

18  a felony; or

19         15.  Grand theft in violation of s. 812.014(2)(a); or.

20         16.  Possessing or discharging any weapon or firearm on

21  school property in violation of s. 790.115.

22         Section 4.  This act shall take effect October 1, 1999.

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    Florida House of Representatives - 1999                 HB 349

    604-134-99






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  2                          HOUSE SUMMARY

  3
      Requires a minor charged with possessing or discharging
  4    any weapon or firearm on school property to be detained
      in secure detention. Requires a hearing within 24 hours
  5    after detainment. Authorizes a court to order continued
      secure detention for 21 days and requires for medical,
  6    psychiatric, psychological, or substance abuse
      examinations and a written report.  Requires secure
  7    detention care placement for a child charged with certain
      activities. Authorizes a court to continue detaining in
  8    secure detention a child charged with possessing or
      discharging any weapon or firearm on school property.
  9    Provides for discretionary direct file for the offense of
      possessing or discharging any weapon or firearm on school
10    property.  See bill for details.

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