Senate Bill 1548e2
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SB 1548 Second Engrossed
1 A bill to be entitled
2 An act relating to the prosecution of
3 juveniles; amending s. 985.227, F.S.; requiring
4 that the state attorney prosecute a juvenile
5 between certain ages as an adult if the
6 juvenile has a prior record and is charged with
7 a specified violent felony and possessed a
8 firearm or destructive device during the
9 commission of the felony or discharged a
10 firearm or destructive device during the
11 commission of the felony which resulted in
12 death or great bodily harm; providing for a
13 juvenile convicted under the act to be
14 sentenced as an adult; 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. Subsection (2) of section 985.227, Florida
20 Statutes, is amended to read:
21 985.227 Prosecution of juveniles as adults by the
22 direct filing of an information in the criminal division of
23 the circuit court; discretionary criteria; mandatory
24 criteria.--
25 (2) MANDATORY DIRECT FILE.--
26 (a) With respect to any child who was 16 or 17 years
27 of age at the time the alleged offense was committed, the
28 state attorney shall file an information if the child has been
29 previously adjudicated delinquent for an act classified as a
30 felony, which adjudication was for the commission of, attempt
31 to commit, or conspiracy to commit murder, sexual battery,
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SB 1548 Second Engrossed
1 armed or strong-armed robbery, carjacking, home-invasion
2 robbery, aggravated battery, or aggravated assault, and the
3 child is currently charged with a second or subsequent violent
4 crime against a person.
5 (b) Notwithstanding subsection (1), regardless of the
6 child's age at the time the alleged offense was committed, the
7 state attorney must file an information with respect to any
8 child who previously has been adjudicated for offenses which,
9 if committed by an adult, would be felonies and such
10 adjudications occurred at three or more separate delinquency
11 adjudicatory hearings, and three of which resulted in
12 residential commitments as defined in s. 985.03(47).
13 (c) The state attorney must file an information if a
14 child, regardless of the child's age at the time the alleged
15 offense was committed, is alleged to have committed an act
16 that would be a violation of law if the child were an adult,
17 that involves stealing a motor vehicle, including, but not
18 limited to, a violation of s. 812.133, relating to carjacking,
19 or s. 812.014(2)(c)6., relating to grand theft of a motor
20 vehicle, and while the child was in possession of the stolen
21 motor vehicle the child caused serious bodily injury to or the
22 death of a person who was not involved in the underlying
23 offense. For purposes of this section, the driver and all
24 willing passengers in the stolen motor vehicle at the time
25 such serious bodily injury or death is inflicted shall also be
26 subject to mandatory transfer to adult court. "Stolen motor
27 vehicle," for the purposes of this section, means a motor
28 vehicle that has been the subject of any criminal wrongful
29 taking. For purposes of this section, "willing passengers"
30 means all willing passengers who have participated in the
31 underlying offense.
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CODING: Words stricken are deletions; words underlined are additions.
SB 1548 Second Engrossed
1 (d)1. With respect to any child who was 16 or 17 years
2 of age at the time the alleged offense was committed, and who
3 has at least one prior felony delinquency adjudication or at
4 least one felony conviction or at least one adjudication
5 withheld for a felony which resulted in a juvenile residential
6 commitment, the state attorney shall file an information if
7 the child has been charged with an offense listed in s.
8 755.087(2)(a)1.a.-p., and, during the commission of the
9 offense, the child:
10 a. Actually possessed a firearm or destructive device,
11 as those terms are defined in s. 790.001. For purposes of this
12 paragraph, "actually possessed" means carrying it on the
13 person.
14 b. Discharged a firearm or destructive device, as
15 described in s. 775.087(2)(a)2.
16 c. Discharged a firearm or destructive device, as
17 described in s. 775.087(2)(a)3., and, as a result of the
18 discharge, death or great bodily harm was inflicted upon any
19 person.
20 2. Upon transfer, the child shall be subject to
21 prosecution under s. 775.087(2)(a).
22 Section 2. This act shall take effect October 1, 2000.
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