Senate Bill sb1118c1

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    Florida Senate - 2004                           CS for SB 1118

    By the Committee on Criminal Justice; and Senator Cowin





    307-2008-04

  1                      A bill to be entitled

  2         An act relating to the protection of victims of

  3         sexual battery and lewd or lascivious offenses;

  4         creating s. 921.244, F.S.; requiring the court

  5         to prohibit certain offenders from having

  6         direct or indirect contact with the victim of

  7         the offense; authorizing the court to

  8         reconsider orders prohibiting the contact in

  9         certain circumstances; providing that it is a

10         felony of the third degree to violate the

11         order; amending s. 784.048, F.S.; providing

12         that it is a felony of the third degree to

13         willfully, maliciously, and repeatedly follow,

14         harass, or cyberstalk the victim in violation

15         of an order prohibiting contact; providing

16         applicability; providing an effective date.

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

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20         Section 1.  Section 921.244, Florida Statutes, is

21  created to read:

22         921.244  Order of no contact; penalties.--

23         (1)  At the time of sentencing an offender convicted of

24  a violation of s. 794.011 or s. 800.04, the court shall order

25  that the offender be prohibited from having any contact with

26  the victim, directly or indirectly, including through a third

27  person, for the duration of the sentence imposed. The court

28  may reconsider the order upon the request of the victim if the

29  request is made at any time after the victim has attained 18

30  years of age. In considering the request, the court shall

31  conduct an evidentiary hearing to determine whether a change

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    Florida Senate - 2004                           CS for SB 1118
    307-2008-04




 1  of circumstances has occurred which warrants a change in the

 2  court order prohibiting contact and whether it is in the best

 3  interest of the victim that the court order be modified or

 4  rescinded.

 5         (2)  Any offender who violates a court order issued

 6  under this section commits a felony of the third degree,

 7  punishable as provided in s. 775.082, s. 775.083, or s.

 8  775.084.

 9         Section 2.  Subsection (7) is added to section 784.048,

10  Florida Statutes, to read:

11         784.048  Stalking; definitions; penalties.--

12         (7)  Any person who, after having been sentenced for a

13  violation of s. 794.011 or s. 800.04, and prohibited from

14  contacting the victim of the offense under s. 921.244,

15  willfully, maliciously, and repeatedly follows, harasses, or

16  cyberstalks the victim commits the offense of aggravated

17  stalking, a felony of the third degree, punishable as provided

18  in s. 775.082, s. 775.083, or s. 775.084.

19         Section 3.  This act shall take effect on July 1, 2004,

20  and shall apply to offenses committed on or after that date.

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    Florida Senate - 2004                           CS for SB 1118
    307-2008-04




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1118

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 4  1.   The CS requires that a sentencing court prohibit an
         offender who has been convicted of violating s. 794.011,
 5       F.S., or s. 800.04, F.S., from having contact with the
         victim of the sexual battery or the lewd or lascivious
 6       offense upon or in the presence of a child under the age
         of 16. The bill did not make such a no-contact order
 7       mandatory.

 8  2.   The CS applies to offenders convicted of violating s.
         794.011, F.S., (sexual battery) or s. 800.04, F.S., (lewd
 9       or lascivious offenses upon or in the presence of a child
         under the age of 16). The bill applied to offenders
10       placed on probation for any offense in which the
         sentencing court enters a condition of probation
11       prohibiting contact with the victim.

12  3.   The CS creates a new criminal offense for violation of a
         court's no contact order issued in accordance with s.
13       921.244, F.S., making it an unranked third degree felony
         which does not require a minimum permissible sentence of
14       imprisonment. The bill created a new variety of
         aggravated stalking for knowingly and willfully violating
15       a court order of probation prohibiting contact with the
         victim. The offense in the bill was a third degree felony
16       ranked as a Level 7 offense on the Offense Severity
         Ranking Chart, which would result in a minimum
17       permissible sentence of imprisonment for 21 months.

18  4.   The CS also creates a new variety of aggravated stalking
         for an offender who commits the elements of misdemeanor
19       stalking against a prior victim after being convicted of
         violating s. 794.011, F.S., or s. 800.04, F.S., and made
20       subject to an order prohibiting contact with the victim
         of the crime. The new offense is an unranked third degree
21       felony.

22  5.   The new offenses created by the CS are not limited to
         violation of court orders issued pursuant to an order of
23       probation.

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