House Bill 0069

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    Florida House of Representatives - 2000                  HB 69

        By Representative Murman






  1                      A bill to be entitled

  2         An act relating to habitual juvenile offenders;

  3         providing a short title; amending s. 985.227,

  4         F.S.; revising language with respect to

  5         mandatory direct filing of information with

  6         respect to certain juvenile offenders; amending

  7         s. 985.233, F.S.; revising language with

  8         respect to alternatives for juveniles

  9         prosecuted as adults; providing an effective

10         date.

11

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

13

14         Section 1.  Short title.--This act may be cited as the

15  "Habitual Juvenile Offender Accountability Act."

16         Section 2.  Subsection (2) of section 985.227, Florida

17  Statutes, is amended to read:

18         985.227  Prosecution of juveniles as adults by the

19  direct filing of an information in the criminal division of

20  the circuit court; discretionary criteria; mandatory

21  criteria.--

22         (2)  MANDATORY DIRECT FILE.--

23         (a)  With respect to any child who was 16 or 17 years

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

25  state attorney shall file an information if the child has been

26  previously adjudicated delinquent for an act classified as a

27  felony, which adjudication was for the commission of, or

28  attempt to commit, murder, sexual battery, armed or

29  strong-armed robbery, carjacking, home-invasion robbery,

30  aggravated battery, or aggravated assault, and the child is

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  1  currently charged with a second or subsequent violent crime

  2  against a person.

  3         (b)  With respect to any child 16 or 17 years of age at

  4  the time an offense was committed, the state attorney shall

  5  file an information if the child has previously been

  6  adjudicated delinquent or had adjudication withheld for three

  7  acts classified as felonies each of which occurred at least 45

  8  days apart from each other. Notwithstanding subsection (1),

  9  regardless of the child's age at the time the alleged offense

10  was committed, the state attorney must file an information

11  with respect to any child who previously has been adjudicated

12  for offenses which, if committed by an adult, would be

13  felonies and such adjudications occurred at three or more

14  separate delinquency adjudicatory hearings, and three of which

15  resulted in residential commitments as defined in s.

16  985.03(45).

17         (c)  The state attorney must file an information if a

18  child, regardless of the child's age at the time the alleged

19  offense was committed, is alleged to have committed an act

20  that would be a violation of law if the child were an adult,

21  that involves stealing a motor vehicle, including, but not

22  limited to, a violation of s. 812.133, relating to carjacking,

23  or s. 812.014(2)(c)6., relating to grand theft of a motor

24  vehicle, and while the child was in possession of the stolen

25  motor vehicle the child caused serious bodily injury to or the

26  death of a person who was not involved in the underlying

27  offense. For purposes of this section, the driver and all

28  willing passengers in the stolen motor vehicle at the time

29  such serious bodily injury or death is inflicted shall also be

30  subject to mandatory transfer to adult court. "Stolen motor

31  vehicle," for the purposes of this section, means a motor

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  1  vehicle that has been the subject of any criminal wrongful

  2  taking. For purposes of this section, "willing passengers"

  3  means all willing passengers who have participated in the

  4  underlying offense.

  5         Section 3.  Subsection (4) of section 985.233, Florida

  6  Statutes, is amended to read:

  7         985.233  Sentencing powers; procedures; alternatives

  8  for juveniles prosecuted as adults.--

  9         (4)  SENTENCING ALTERNATIVES.--

10         (a)  Sentencing to adult sanctions.--

11         1.  Cases prosecuted on indictment.--If the child is

12  found to have committed the offense punishable by death or

13  life imprisonment, the child shall be sentenced as an adult.

14  If the juvenile is not found to have committed the indictable

15  offense but is found to have committed a lesser included

16  offense or any other offense for which he or she was indicted

17  as a part of the criminal episode, the court may sentence as

18  follows:

19         a.  As an adult pursuant to this section;

20         b.  Pursuant to chapter 958; or

21         c.  As a juvenile pursuant to this section.

22         2.  Other cases.--If a child who has been transferred

23  for criminal prosecution pursuant to information or waiver of

24  juvenile court jurisdiction is found to have committed a

25  violation of state law or a lesser included offense for which

26  he or she was charged as a part of the criminal episode, the

27  court may sentence as follows:

28         a.  As an adult pursuant to this section;

29         b.  Pursuant to chapter 958; or

30         c.  As a juvenile pursuant to this section.

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  1         3.  Notwithstanding any other provision to the

  2  contrary, if the state attorney is required to file a motion

  3  to transfer and certify the juvenile for prosecution as an

  4  adult pursuant to s. 985.226(2)(b) and that motion is granted,

  5  or if the state attorney is required to file an information

  6  pursuant to s. 985.227(2)(a) or (b), the court must impose

  7  adult sanctions.

  8         4.3.  Any sentence imposing adult sanctions is presumed

  9  appropriate, and the court is not required to set forth

10  specific findings or enumerate the criteria in this subsection

11  as any basis for its decision to impose adult sanctions.

12         5.4.  When a child has been transferred for criminal

13  prosecution as an adult and has been found to have committed a

14  violation of state law, the disposition of the case may

15  include the enforcement of any restitution ordered in any

16  juvenile proceeding.

17         (b)  Sentencing to juvenile sanctions.--For juveniles

18  transferred to adult court but who do not qualify for such

19  transfer pursuant to s. 985.226(2)(b) or s. 985.227(2)(a) or

20  (b), the court may impose juvenile sanctions under this

21  paragraph. If juvenile sentences are imposed, the court shall

22  under this paragraph In order to use this paragraph, the court

23  shall stay adjudication of guilt and instead shall adjudge the

24  child to have committed a delinquent act. Adjudication of

25  delinquency shall not be deemed a conviction, nor shall it

26  operate to impose any of the civil disabilities ordinarily

27  resulting from a conviction. The court shall impose an adult

28  sanction or a juvenile sanction and may not sentence the child

29  to a combination of adult and juvenile punishments. An adult

30  sanction or a juvenile sanction may include enforcement of an

31  order of restitution or community control previously ordered

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  1  in any juvenile proceeding. However, if the court imposes a

  2  juvenile sanction and the department determines that the

  3  sanction is unsuitable for the child, the department shall

  4  return custody of the child to the sentencing court for

  5  further proceedings, including the imposition of adult

  6  sanctions. Upon adjudicating a child delinquent under

  7  subsection (1), the court may:

  8         1.  Place the child in a community control program

  9  under the supervision of the department for an indeterminate

10  period of time until the child reaches the age of 19 years or

11  sooner if discharged by order of the court.

12         2.  Commit the child to the department for treatment in

13  an appropriate program for children for an indeterminate

14  period of time until the child is 21 or sooner if discharged

15  by the department.  The department shall notify the court of

16  its intent to discharge no later than 14 days prior to

17  discharge.  Failure of the court to timely respond to the

18  department's notice shall be considered approval for

19  discharge.

20         3.  Order disposition pursuant to s. 985.231 as an

21  alternative to youthful offender or adult sentencing if the

22  court determines not to impose youthful offender or adult

23  sanctions.

24         (c)  Imposition of adult sanctions upon failure of

25  juvenile sanctions.--If a child proves not to be suitable to a

26  community control program or for a treatment program under the

27  provisions of subparagraph (b)2., the court may revoke the

28  previous adjudication, impose an adjudication of guilt,

29  classify the child as a youthful offender when appropriate,

30  and impose any sentence which it may lawfully impose, giving

31  credit for all time spent by the child in the department.

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  1         (d)  Recoupment of cost of care in juvenile justice

  2  facilities.--When the court orders commitment of a child to

  3  the Department of Juvenile Justice for treatment in any of the

  4  department's programs for children, the court shall order the

  5  natural or adoptive parents of such child, the natural father

  6  of such child born out of wedlock who has acknowledged his

  7  paternity in writing before the court, or guardian of such

  8  child's estate, if possessed of assets which under law may be

  9  disbursed for the care, support, and maintenance of the child,

10  to pay fees to the department equal to the actual cost of the

11  care, support, and maintenance of the child, unless the court

12  determines that the parent or legal guardian of the child is

13  indigent. The court may reduce the fees or waive the fees upon

14  a showing by the parent or guardian of an inability to pay the

15  full cost of the care, support, and maintenance of the child.

16  In addition, the court may waive the fees if it finds that the

17  child's parent or guardian was the victim of the child's

18  delinquent act or violation of law or if the court finds that

19  the parent or guardian has made a diligent and good faith

20  effort to prevent the child from engaging in the delinquent

21  act or violation of law. When the order affects the

22  guardianship estate, a certified copy of the order shall be

23  delivered to the judge having jurisdiction of the guardianship

24  estate.

25         (e)  Further proceedings heard in adult court.--When a

26  child is sentenced to juvenile sanctions, further proceedings

27  involving those sanctions shall continue to be heard in the

28  adult court.

29

30  It is the intent of the Legislature that the criteria and

31  guidelines in this subsection are mandatory and that a

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  1  determination of disposition under this subsection is subject

  2  to the right of the child to appellate review under s.

  3  985.234.

  4         Section 4.  This act shall take effect upon becoming a

  5  law.

  6

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  8                          HOUSE SUMMARY

  9
      Creates the "Habitual Juvenile Offender Accountability
10    Act." Provides that the state attorney file an
      information under certain conditions. Provides for
11    outline of a court's power as it relates to sentencing a
      juvenile transferred to adult court with juvenile
12    sanctions or adult sanctions. See bill for details.

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