House Bill hb1465

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    Florida House of Representatives - 2001                HB 1465

        By Representatives Wiles and Ball






  1                      A bill to be entitled

  2         An act relating to sentencing; amending s.

  3         775.082, F.S.; redefining the term "prison

  4         releasee reoffender" to include a defendant who

  5         commits certain felonies within a specified

  6         period after being released from a correctional

  7         institution outside the state or while escaped

  8         from a correctional institution outside the

  9         state; providing requirements for sentencing a

10         defendant if the state attorney proves by a

11         preponderance of the evidence that the

12         defendant is a prison releasee reoffender;

13         providing an effective date.

14

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

16

17         Section 1.  Paragraph (a) of subsection (9) of section

18  775.082, Florida Statutes, is amended to read:

19         775.082  Penalties; applicability of sentencing

20  structures; mandatory minimum sentences for certain

21  reoffenders previously released from prison.--

22         (9)(a)1.  "Prison releasee reoffender" means any

23  defendant who commits, or attempts to commit:

24         a.  Treason;

25         b.  Murder;

26         c.  Manslaughter;

27         d.  Sexual battery;

28         e.  Carjacking;

29         f.  Home-invasion robbery;

30         g.  Robbery;

31         h.  Arson;

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    Florida House of Representatives - 2001                HB 1465

    589-174-01






  1         i.  Kidnapping;

  2         j.  Aggravated assault with a deadly weapon;

  3         k.  Aggravated battery;

  4         l.  Aggravated stalking;

  5         m.  Aircraft piracy;

  6         n.  Unlawful throwing, placing, or discharging of a

  7  destructive device or bomb;

  8         o.  Any felony that involves the use or threat of

  9  physical force or violence against an individual;

10         p.  Armed burglary;

11         q.  Burglary of an occupied structure or dwelling; or

12         r.  Any felony violation of s. 790.07, s. 800.04, s.

13  827.03, or s. 827.071;

14

15  within 3 years after of being released from a state

16  correctional facility operated by the Department of

17  Corrections or a private vendor or within 3 years after being

18  released from a correctional institution of another state, the

19  District of Columbia, the United States, any possession or

20  territory of the United States, or any foreign jurisdiction

21  following incarceration for an offense for which the sentence

22  imposed exceeded 1 year.

23         2.  "Prison releasee reoffender" also means any

24  defendant who commits or attempts to commit any offense listed

25  in subparagraph (a)1.a.-r. while the defendant was serving a

26  prison sentence or on escape status from a state correctional

27  facility operated by the Department of Corrections or a

28  private vendor or while the defendant was on escape status

29  from a correctional institution of another state, the District

30  of Columbia, the United States, any possession or territory of

31  the United States, or any foreign jurisdiction following

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    Florida House of Representatives - 2001                HB 1465

    589-174-01






  1  incarceration for an offense for which the sentence imposed

  2  exceeded 1 year.

  3         3.  If the state attorney determines that a defendant

  4  is a prison releasee reoffender as defined in subparagraph 1.,

  5  the state attorney may seek to have the court sentence the

  6  defendant as a prison releasee reoffender. Upon proof from the

  7  state attorney that establishes by a preponderance of the

  8  evidence that a defendant is a prison releasee reoffender as

  9  defined in this section, such defendant is not eligible for

10  sentencing under the sentencing guidelines and must be

11  sentenced as follows:

12         a.  For a felony punishable by life, by a term of

13  imprisonment for life;

14         b.  For a felony of the first degree, by a term of

15  imprisonment of 30 years;

16         c.  For a felony of the second degree, by a term of

17  imprisonment of 15 years; and

18         d.  For a felony of the third degree, by a term of

19  imprisonment of 5 years.

20         Section 2.  This act shall take effect July 1, 2001.

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22            *****************************************

23                          SENATE SUMMARY

24    Redefines the term "prison releasee reoffender" to
      include a defendant who is incarcerated in a jurisdiction
25    outside the state for an offense for which the sentence
      exceeded 1 year and who commits certain felonies within 3
26    years after being released or while escaped from the
      correctional institution. Requires that the court impose
27    certain mandatory minimum terms of imprisonment outside
      the sentencing guidelines if the state attorney proves by
28    a preponderance of the evidence that the defendant is a
      prison releasee reoffender.
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