Senate Bill sb0926

    Florida Senate - 2001                                   SB 926

    By Senator Smith





    5-543-01

  1                      A bill to be entitled

  2         An act relating to misdemeanor convictions;

  3         amending s. 775.082, F.S.; defining the term

  4         "habitual misdemeanor offender" to mean a

  5         defendant who is convicted of a certain number

  6         of misdemeanors within a specified period;

  7         authorizing the court to sentence a habitual

  8         misdemeanor offender to an extended term of

  9         imprisonment; prohibiting the court from

10         sentencing a defendant as a habitual

11         misdemeanor offender if the defendant is

12         subject to a more severe penalty as a result of

13         reclassifying a qualifying offense; providing

14         an effective date.

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

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18         Section 1.  Present subsection (10) of section 775.082,

19  Florida Statutes, is redesignated as subsection (11), and a

20  new subsection (10) is added to that section, to read:

21         775.082  Penalties; applicability of sentencing

22  structures; mandatory minimum sentences for certain

23  reoffenders previously released from prison.--

24         (10)(a)  The term "habitual misdemeanor offender" means

25  a defendant who is convicted of five or more misdemeanors

26  within a 12-month period.

27         (b)  If the court finds that a defendant convicted of a

28  misdemeanor has been convicted, as an adult, of four or more

29  additional misdemeanors on separate occasions within the

30  previous 12-month period, the court may sentence the defendant

31  as a habitual misdemeanor offender and impose an extended term

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    Florida Senate - 2001                                   SB 926
    5-543-01




  1  of imprisonment of 1 year. However, the court may not sentence

  2  a defendant under this subsection if the defendant is subject

  3  to a more severe penalty as a result of reclassifying as a

  4  felony the current offense or a prior qualifying misdemeanor.

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

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  8                          SENATE SUMMARY

  9    If a defendant is convicted of five or more misdemeanors
      within a 12-month period, authorizes the court to
10    sentence the defendant as a "habitual misdemeanor
      offender" and impose a sentence of 1 year. Provides that
11    the court may not sentence a defendant as a habitual
      misdemeanor offender if the defendant is subject to a
12    more severe penalty as a result of reclassifying a
      qualifying offense as a felony.
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CODING: Words stricken are deletions; words underlined are additions.