| 1 | The Committee on Public Safety & Crime Prevention recommends the | 
| 2 | following: | 
| 3 | 
 | 
| 4 | Committee Substitute | 
| 5 | Remove the entire bill and insert: | 
| 6 | A bill to be entitled | 
| 7 | An act relating to plea agreements; amending s. 921.143, | 
| 8 | F.S.; providing a popular name; prohibiting the court from | 
| 9 | accepting a plea agreement that prohibits a law | 
| 10 | enforcement, correctional, or correctional probation | 
| 11 | officer from appearing at a parole hearing or clemency | 
| 12 | hearing; prohibiting a plea agreement that prohibits a law | 
| 13 | enforcement, correctional, or correctional probation | 
| 14 | officer who was a victim in the offense or an authorized | 
| 15 | representative of the officer's employing agency from | 
| 16 | appearing or providing a statement at the sentencing | 
| 17 | hearing; defining the terms "law enforcement officer," | 
| 18 | "correctional officer," "correctional probation officer," | 
| 19 | and "employing agency" for purposes of the act; specifying | 
| 20 | that the act does not impair certain rights afforded by | 
| 21 | law or the State Constitution; providing an effective | 
| 22 | date. | 
| 23 | 
 | 
| 24 | Be It Enacted by the Legislature of the State of Florida: | 
| 25 | 
 | 
| 26 | Section 1.  Section 921.143, Florida Statutes, is amended | 
| 27 | to read: | 
| 28 | 921.143  Appearance of victim, ornext of kin, or law | 
| 29 | enforcement, correctional, or correctional probation officer to | 
| 30 | make statement at sentencing hearing; submission of written | 
| 31 | statement.-- | 
| 32 | (1)  At the sentencing hearing, and prior to the imposition | 
| 33 | of sentence upon any defendant who has been convicted of any | 
| 34 | felony or who has pleaded guilty or nolo contendere to any | 
| 35 | crime, including a criminal violation of a provision of chapter | 
| 36 | 316, the sentencing court shall permit the victim of the crime | 
| 37 | for which the defendant is being sentenced, the victim's parent | 
| 38 | or guardian if the victim is a minor, the lawful representative | 
| 39 | of the victim or of the victim's parent or guardian if the | 
| 40 | victim is a minor, or the next of kin of the victim if the | 
| 41 | victim has died from causes related to the crime, to: | 
| 42 | (a)  Appear before the sentencing court for the purpose of | 
| 43 | making a statement under oath for the record; and | 
| 44 | (b)  Submit a written statement under oath to the office of | 
| 45 | the state attorney, which statement shall be filed with the | 
| 46 | sentencing court. | 
| 47 | (2)  The state attorney or any assistant state attorney | 
| 48 | shall advise all victims or, when appropriate, the victim's | 
| 49 | parent, guardian, next of kin, or lawful representative that | 
| 50 | statements, whether oral or written, shall relate to the facts | 
| 51 | of the case and the extent of any harm, including social, | 
| 52 | psychological, or physical harm, financial losses, loss of | 
| 53 | earnings directly or indirectly resulting from the crime for | 
| 54 | which the defendant is being sentenced, and any matter relevant | 
| 55 | to an appropriate disposition and sentence. | 
| 56 | (3)(a)  This subsection shall be known by the popular name | 
| 57 | the "Officer Cheryl Seiden Act." | 
| 58 | (b)  The court may not accept a plea agreement that | 
| 59 | prohibits a law enforcement officer, correctional officer, or | 
| 60 | correctional probation officer from appearing or speaking at a | 
| 61 | parole hearing or clemency hearing. | 
| 62 | (c)  In any case in which the victim is a law enforcement | 
| 63 | officer, correctional officer, or correctional probation | 
| 64 | officer, a plea agreement may not prohibit the officer or an | 
| 65 | authorized representative of the officer's employing agency from | 
| 66 | appearing or providing a statement at the sentencing hearing. | 
| 67 | (d)  As used in this subsection, the terms "law enforcement | 
| 68 | officer," "correctional officer," "correctional probation | 
| 69 | officer," and "employing agency" have the meanings ascribed in | 
| 70 | s. 943.10. | 
| 71 | (e)  This subsection does not impair any right afforded | 
| 72 | under chapter 960 or under s. 16(b), Art. I of the State | 
| 73 | Constitution. | 
| 74 | (4) (3)The court may refuse to accept a negotiated plea | 
| 75 | and order the defendant to stand trial. | 
| 76 | Section 2.  This act shall take effect July 1, 2004. |