HB 0077 2003
1	A bill to be entitled
2	An act relating to repeat sexual offenders; amending s.
3	794.0115, F.S.; providing for additional offenses to be
4	included as permissible criteria for qualification for
5	enhanced penalties; increasing the penalties for repeated
6	sexual offenses; providing an effective date.
7
8	Be It Enacted by the Legislature of the State of Florida:
9
10	Section 1. Section 794.0115, Florida Statutes, is amended
11	to read:
12	794.0115 Repeat sexualoffendersbatterers; definition;
13	procedure; enhanced penalties.--
14	(1) As used in this act, "repeat sexualoffenderbatterer"
15	means a defendant for whom the court must impose a mandatory
16	minimum term of imprisonment, as provided in subsection (3), if
17	it finds that:
18	(a) The defendant is 18 years of age or older when he or
19	she committed the crime.
20	(b)(a)The defendant has previously been convicted of a
21	felony or an attempt or conspiracy to commitany of the felony
22	offenses proscribed in the following statutes in this state or
23	similar offenses in another jurisdiction: s. 794.011(2)-(8); s.
24	800.04(4) or (5); s. 827.071; s. 847.0145; or any similar
25	offense committed in this state which has been redesignated from
26	a former statute number to one of those listed in this paragraph
27	a felony and one or more of such convictions was for:
28	1. Any felony offense in violation of s. 794.011(2)(b),
29	(3), (4), or (5), or an attempt or conspiracy to commit the
30	felony offense.
31	2. A qualified offense as defined in s. 775.084(1)(e), if
32	the elements of the qualified offense are substantially similar
33	to the elements of a felony offense in violation of s.
34	794.011(2)(b), (3), (4), or (5), or an attempt or conspiracy to
35	commit the felony offense.
36	(c)(b)The felony for which the defendant is to be
37	sentenced is one of the felonies enumerated inparagraph (b) and
38	is committed after the date of the offense of the last prior
39	felony enumerated in paragraph (b)subparagraph (a)1. or
40	subparagraph (a)2. and was committed:
41	1. While the defendant was serving a prison sentence or
42	other sentence imposed as a result of a prior conviction for any
43	offense enumerated in subparagraph (a)1. or subparagraph (a)2.;
44	or
45	2. Within 10 years after the date of the conviction of the
46	last prior offense enumerated in subparagraph (a)1. or
47	subparagraph (a)2., or within 10 years after the defendant's
48	release from a prison sentence, probation, community control, or
49	other sentence imposed as a result of a prior conviction for any
50	offense enumerated in subparagraph (a)1. or subparagraph (a)2.,
51	whichever is later.
52	(d)(c)The defendant has not received a pardon on the
53	ground of innocence for any crime that is necessary for the
54	operation of this subsection.
55	(e)(d)A conviction of a crime necessary to the operation
56	of this subsection has not been set aside in any postconviction
57	proceeding.
58	(2) In a separate proceeding, the court shall determine if
59	the defendant is a repeat sexualoffenderbatterer. The
60	procedure shall be as follows:
61	(a) The court shall obtain and consider a presentence
62	investigation prior to the imposition of a sentence as a repeat
63	sexualoffenderbatterer.
64	(b) Written notice shall be served on the defendant and
65	the defendant's attorney a sufficient time prior to the entry of
66	a plea or prior to the imposition of sentence in order to allow
67	the preparation of a submission on behalf of the defendant.
68	(c) Except as provided in paragraph (a), all evidence
69	presented shall be presented in open court with full rights of
70	confrontation, cross-examination, and representation by counsel.
71	(d) Each of the findings required as the basis for such
72	sentence shall be found to existbeyond a reasonable doubtby a
73	preponderance of the evidenceand shall be appealable to the
74	extent normally applicable to similar findings.
75	(e) For the purpose of identification of a repeat sexual
76	offenderbatterer, the court shall fingerprint the defendant
77	pursuant to s. 921.241.
78	(f) For an offense committed on or after the effective
79	date of this act, if the state attorney pursues a repeat sexual
80	offenderbatterersanction against the defendant and the court,
81	in a separate proceeding pursuant to this subsection, determines
82	that the defendant meets the criteria under subsection (1) for
83	imposing such sanction, the court must sentence the defendant as
84	a repeat sexualoffenderbatterer, subject to imprisonment
85	pursuant to this section as provided in subsection (3).
86	(3)(a) The court, in conformity with the procedure
87	established in subsection (2)and notwithstanding the provisions
88	of s. 775.082(3) or any provision of chapter 958, must sentence
89	the repeat sexualoffenderbattererto a mandatory minimum term
90	of2510years' imprisonmentup to a mandatory maximum term of
91	life in prison.
92	(b) Nothing in this subsection shall prevent a court from
93	imposing a greater sentence of incarceration as authorized by
94	law.If the minimum mandatory terms of imprisonment imposed
95	pursuant to this section exceed the maximum sentences authorized
96	by ss. 775.082 or 775.084, or the Criminal Punishment Code under
97	chapter 921, then the mandatory minimum sentence must be
98	imposed. If the mandatory minimum terms of imprisonment pursuant
99	to this section are less than the sentences that could be
100	imposed as authorized by ss. 775.082 or 775.084, or the Criminal
101	Punishment Code under chapter 921, then the sentence imposed by
102	the court must include the mandatory minimum term of
103	imprisonment as required in this section.
104	Section 2. This act shall take effect July 1, 2003.
105