House Bill hb1393

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    Florida House of Representatives - 2002                HB 1393

        By the Council for Healthy Communities and Representatives
    Fasano and Justice





  1                      A bill to be entitled

  2         An act relating to sentencing; reenacting

  3         sections 5 and 12 of chapter 99-188, Laws of

  4         Florida; amending s. 784.08, F.S.; providing

  5         minimum terms of imprisonment for persons

  6         convicted of aggravated assault or aggravated

  7         battery of a person 65 years of age or older;

  8         requiring the Governor to place public service

  9         announcements explaining the provisions of this

10         act; providing for retroactive application of

11         the reenacted provisions; providing an

12         effective date.

13

14         WHEREAS, in 1999 the Legislature adopted chapter

15  99-188, Laws of Florida, with the primary motivation of

16  reducing crime in this state and to protect the public from

17  violent criminals through the adoption of enhanced and

18  mandatory sentences for violent and repeat offenders, for

19  persons involved in drug-related crimes, committing aggravated

20  battery or aggravated assault on law enforcement personnel or

21  the elderly, and for persons committing criminal acts while in

22  prison or while having escaped from prison, and

23         WHEREAS, a three-judge panel of the District Court of

24  Appeal of Florida, Second District, has issued a nonfinal

25  opinion declaring chapter 99-188, Laws of Florida,

26  unconstitutional as a violation of the requirement in Section

27  6, Article III of the Florida Constitution that "every law

28  shall embrace but one subject and matter properly connected

29  therewith. . .", finding that the addition of two minor

30  provisions relating to burglary of railroad vehicles and the

31  provision of sentencing documents relative to aliens to the

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    Florida House of Representatives - 2002                HB 1393

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  1  Immigration and Naturalization Service were not matters

  2  properly connected with the subject of the 1999 act, which was

  3  "sentencing," and

  4         WHEREAS, the nonfinal ruling on this matter was issued

  5  while the Legislature was in session, and

  6         WHEREAS, the Attorney General, on behalf of the people

  7  of the State of Florida, has indicated a determination to seek

  8  rehearing, en banc, of this matter, and

  9         WHEREAS, a final opinion by the District Court of

10  Appeal of Florida, Second District, declaring chapter 99-188,

11  Laws of Florida, to have been in violation of Section 6,

12  Article III of the Florida Constitution would be subject to

13  appeal by the state to the Florida Supreme Court, and

14         WHEREAS, in its nonfinal ruling, the panel of the

15  District Court of Appeal of Florida, Second District, has

16  certified its decision as passing on two questions of great

17  public importance with respect to chapter 99-188, Laws of

18  Florida, further invoking the jurisdiction of the Florida

19  Supreme Court, and

20         WHEREAS, the final resolution as to the

21  constitutionality of chapter 99-188, Laws of Florida, remains

22  uncertain, and is unlikely to be finally determined by the

23  judicial system, while the 2002 legislative session is in

24  progress, and

25         WHEREAS, the legislative action to correct the effect

26  of this ruling forthwith is essential to public safety and

27  cannot await a final resolution by the District Court of

28  Appeal and the Florida Supreme Court, and

29         WHEREAS, the Legislature, only out of an abundance of

30  caution due to tentative posture of the law while it awaits

31  final resolution by the District Court of Appeal and the

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    Florida House of Representatives - 2002                HB 1393

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  1  Florida Supreme Court, has prepared five separate bills to

  2  reenact selected provisions of chapter 99-188, Laws of

  3  Florida, all of which relate to the single general issue of

  4  sentencing in criminal cases, and

  5         WHEREAS, the Legislature does not intend the division

  6  of these bills relating to sentencing as any kind of

  7  legislative acknowledgement that said bills could not or

  8  should not be joined together in a single bill in full

  9  compliance with Section 6, Article III of the Florida

10  Constitution, NOW THEREFORE,

11

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

13

14         Section 1.  Sections 5 and 12 of chapter 99-188, Laws

15  of Florida, are reenacted to read:

16         Section 5.  Subsection (1) of section 784.08, Florida

17  Statutes, is amended to read:

18         784.08  Assault or battery on persons 65 years of age

19  or older; reclassification of offenses; minimum sentence.--

20         (1)  A person who is convicted of an aggravated assault

21  or aggravated battery upon a person 65 years of age or older

22  shall be sentenced to a minimum term of imprisonment of 3

23  years pursuant to the Criminal Punishment Code and fined not

24  more than $10,000 and shall also be ordered by the sentencing

25  judge to make restitution to the victim of such offense and to

26  perform up to 500 hours of community service work.

27  Restitution and community service work shall be in addition to

28  any fine or sentence which may be imposed and shall not be in

29  lieu thereof.

30         Section 12.  In order to inform the public and to deter

31  and prevent crime in the state, the Executive Office of the

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    Florida House of Representatives - 2002                HB 1393

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  1  Governor shall place public service announcements in visible

  2  local media throughout the state explaining the penalties

  3  provided in this act.

  4         Section 2.  The provisions reenacted by this act shall

  5  be applied retroactively to July 1, 1999, or as soon

  6  thereafter as the Constitution of the State of Florida and the

  7  Constitution of the United States may permit.

  8         Section 3.  This act shall take effect upon becoming a

  9  law.

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11            *****************************************

12                          HOUSE SUMMARY

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      Reenacts provisions of chapter 99-188, Laws of Florida,
14    which provide for minimum mandatory terms of imprisonment
      for aggravated assault or aggravated battery against an
15    elderly person.

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