Senate Bill sb0676e1

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    SB 676                                   First Engrossed (ntc)



  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.

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

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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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    SB 676                                   First Engrossed (ntc)



  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 a dwelling or burglary of an occupied

12  structure or dwelling; or

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

14  827.03, or s. 827.071;

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16  within 3 years after of being released from a state

17  correctional facility operated by the Department of

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

19  released from a correctional institution of another state, the

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

21  territory of the United States, or any foreign jurisdiction,

22  following incarceration for an offense for which the sentence

23  is punishable by more than 1 year in this state.

24         2.  "Prison releasee reoffender" also means any

25  defendant who commits or attempts to commit any offense listed

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

27  prison sentence or on escape status from a state correctional

28  facility operated by the Department of Corrections or a

29  private vendor or while the defendant was on escape status

30  from a correctional institution of another state, the District

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


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    SB 676                                   First Engrossed (ntc)



  1  the United States, or any foreign jurisdiction, following

  2  incarceration for an offense for which the sentence is

  3  punishable by more than 1 year in this state.

  4         3.  If the state attorney determines that a defendant

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

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

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

  8  state attorney that establishes by a preponderance of the

  9  evidence that a defendant is a prison releasee reoffender as

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

11  sentencing under the sentencing guidelines and must be

12  sentenced as follows:

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

14  imprisonment for life;

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

16  imprisonment of 30 years;

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

18  imprisonment of 15 years; and

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

20  imprisonment of 5 years.

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

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