1 | The Justice Appropriations Committee recommends the following: |
2 |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to sexual predators and sexual offenders; |
7 | providing a popular name; amending s. 216.136, F.S.; |
8 | assigning an additional responsibility to the Criminal |
9 | Justice Estimating Conference; amending s. 775.082, F.S.; |
10 | requiring lifetime electronic monitoring for certain |
11 | offenders; creating s. 775.0821, F.S.; creating a felony |
12 | offense for removing or tampering with a lifetime |
13 | electronic monitoring device; providing criminal |
14 | penalties; amending s. 775.21, F.S.; revising criteria for |
15 | sexual predator designation; extending period for petition |
16 | to remove sexual predator designation; creating s. |
17 | 775.235, F.S.; prohibiting the harboring of a sexual |
18 | predator or sexual offender; providing criminal penalties; |
19 | amending s. 921.141, F.S.; creating an aggravating |
20 | circumstance pertaining to sexual predators for purposes |
21 | of imposing the death penalty; amending s. 947.1405, F.S.; |
22 | requiring sexual offenders and sexual predators on |
23 | conditional release to be placed on electronic monitoring; |
24 | requiring the Parole Commission to order sexual offenders |
25 | and sexual predators on conditional release to be returned |
26 | to prison until expiration of sentence for any material |
27 | violation of supervision; creating s. 947.1406, F.S.; |
28 | providing requirements for electronic monitoring of sexual |
29 | offenders and sexual predators on conditional release; |
30 | amending s. 948.06, F.S.; requiring electronic monitoring |
31 | for any violation of probation or community control |
32 | supervision by certain offenders and sexual predators; |
33 | amending s. 948.11, F.S.; providing requirements for |
34 | electronic monitoring of sexual offenders and sexual |
35 | predators on community control or probation; amending s. |
36 | 948.30, F.S.; requiring sexual offenders and sexual |
37 | predators on community control or probation to be placed |
38 | on electronic monitoring; providing for severability; |
39 | providing an effective date. |
40 |
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41 | Be It Enacted by the Legislature of the State of Florida: |
42 |
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43 | Section 1. This act may be cited as the "Jessica Lunsford |
44 | Act." |
45 | Section 2. Paragraph (a) of subsection (5) of section |
46 | 216.136, Florida Statutes, is amended to read: |
47 | 216.136 Consensus estimating conferences; duties and |
48 | principals.-- |
49 | (5) CRIMINAL JUSTICE ESTIMATING CONFERENCE.-- |
50 | (a) Duties.--The Criminal Justice Estimating Conference |
51 | shall: |
52 | 1. Develop such official information relating to the |
53 | criminal justice system, including forecasts of prison |
54 | admissions and population and of supervised felony offender |
55 | admissions and population, as the conference determines is |
56 | needed for the state planning and budgeting system. |
57 | 2. Develop such official information relating to the |
58 | number of eligible discharges and the projected number of civil |
59 | commitments for determining space needs pursuant to the civil |
60 | proceedings provided under part V of chapter 394. |
61 | 3. Develop official information relating to the number of |
62 | sexual offenders and sexual predators who are required by law to |
63 | be placed on community control, probation, or conditional |
64 | release. |
65 | Section 3. Subsection (10) of section 775.082, Florida |
66 | Statutes, is renumbered as subsection (11), and a new subsection |
67 | (10) is added to said section, to read: |
68 | 775.082 Penalties; applicability of sentencing structures; |
69 | mandatory minimum sentences for certain reoffenders previously |
70 | released from prison.-- |
71 | (10)(a) Any defendant convicted of any of the following |
72 | offenses shall, in addition to any other penalty provided by |
73 | law, be subject to electronic monitoring supervised by the |
74 | Department of Corrections for the remainder of his or her |
75 | natural life: |
76 | 1. Section 787.01(3), relating to kidnapping a child under |
77 | age 13. |
78 | 2. Section 787.02(3), relating to false imprisonment of a |
79 | child under age 13. |
80 | 3. Section 787.025, relating to luring or enticing a |
81 | child. |
82 | 4. Section 794.011(2), (3), (4), or (8), relating to |
83 | sexual battery. |
84 | 5. Section 800.04(4), relating to lewd or lascivious |
85 | battery. |
86 | (b) Any defendant convicted of the following offenses: |
87 | 1. Section 800.04(5), relating to lewd or lascivious |
88 | molestation; |
89 | 2. Section 787.01(3), relating to kidnapping; |
90 | 3. Section 794.011(5), relating to sexual battery; or |
91 | 4. Section 825.1025(2), relating to lewd or lascivious |
92 | battery on an elderly person, |
93 |
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94 | shall, in addition to any other penalty provided by law, be |
95 | subject to electronic monitoring supervised by the Department of |
96 | Corrections for the remainder of the defendant's natural life if |
97 | the court determines that the defendant has been previously |
98 | convicted for any violation of s. 800.04, s. 794.011, s. 787.01, |
99 | s. 787.02, s. 787.025, or s. 825.1025, or any burglary of a |
100 | dwelling under s. 810.02. |
101 | (c) The lifetime electronic monitoring required for |
102 | offenders meeting the criteria of this subsection shall be in |
103 | addition to any other provision of sentencing ordered by the |
104 | court. The electronic monitoring shall commence upon expiration |
105 | of the defendant's sentence of imprisonment, or after the |
106 | period, if any, of probation, community control, or conditional |
107 | release supervision, whichever occurs later. The Department of |
108 | Corrections shall use a system of active electronic monitoring |
109 | that identifies the location of a monitored offender and that |
110 | can produce, upon request, reports or records of the offender's |
111 | presence near or within a crime scene. The requirements of this |
112 | subsection apply to all eligible defendants whose crimes |
113 | occurred on or after July 1, 2005. For purposes of this |
114 | subsection, the term "conviction" has the same meaning as |
115 | provided in s. 921.0021. |
116 | Section 4. Section 775.0821, Florida Statutes, is created |
117 | to read: |
118 | 775.0821 Tampering with or removal of lifetime electronic |
119 | monitoring device.-- |
120 | (1) Any person subject to lifetime electronic monitoring |
121 | under s. 775.082 who removes the electronic monitoring device |
122 | without authorization from the Department of Corrections, or who |
123 | defaces, alters, destroys, or tampers with a lifetime electronic |
124 | monitoring device, commits a felony of the first degree, |
125 | punishable as provided in s. 775.082 or s. 775.083. |
126 | (2) Any person subject to lifetime electronic monitoring |
127 | under s. 775.082 must follow instructions provided by the |
128 | Department of Corrections or the electronic monitoring device |
129 | manufacturer to maintain the electronic monitoring device in |
130 | working order. Incidental damage or defacement of the electronic |
131 | monitoring device must be reported to the Department of |
132 | Corrections within 2 hours. Failure to comply with the reporting |
133 | requirement of this subsection is a felony of the third degree, |
134 | punishable as provided in s. 775.082 or s. 775.083. |
135 | Section 5. Paragraph (b) of subsection (4) and paragraph |
136 | (l) of subsection (6) of section 775.21, Florida Statutes, are |
137 | amended to read: |
138 | 775.21 The Florida Sexual Predators Act.-- |
139 | (4) SEXUAL PREDATOR CRITERIA.-- |
140 | (b) In order to be counted as a prior felony for purposes |
141 | of this subsection, the felony must have resulted in a |
142 | conviction sentenced separately, or an adjudication of |
143 | delinquency for an offense committed entered separately, prior |
144 | to the current offense and sentenced or adjudicated separately |
145 | from any other felony conviction that is to be counted as a |
146 | prior felony. If the offender's prior enumerated felony was |
147 | committed more than 10 years before the primary offense, it |
148 | shall not be considered a prior felony under this subsection if |
149 | the offender has not been convicted of any other crime for a |
150 | period of 10 consecutive years from the most recent date of |
151 | release from confinement, supervision, or sanction, whichever is |
152 | later. |
153 | (6) REGISTRATION.-- |
154 | (l) A sexual predator must maintain registration with the |
155 | department for the duration of his or her life, unless the |
156 | sexual predator has received a full pardon or has had a |
157 | conviction set aside in a postconviction proceeding for any |
158 | offense that met the criteria for the sexual predator |
159 | designation. However, a sexual predator who was designated as a |
160 | sexual predator by a court before October 1, 1998, and who has |
161 | been lawfully released from confinement, supervision, or |
162 | sanction, whichever is later, for at least 10 years and has not |
163 | been arrested for any felony or misdemeanor offense since |
164 | release, may petition the criminal division of the circuit court |
165 | in the circuit in which the sexual predator resides for the |
166 | purpose of removing the sexual predator designation. A sexual |
167 | predator who was designated a sexual predator by a court on or |
168 | after October 1, 1998, who has been lawfully released from |
169 | confinement, supervision, or sanction, whichever is later, for |
170 | at least 20 years, and who has not been arrested for any felony |
171 | or misdemeanor offense since release may petition the criminal |
172 | division of the circuit court in the circuit in which the sexual |
173 | predator resides for the purpose of removing the sexual predator |
174 | designation. A sexual predator who was designated a sexual |
175 | predator by a court on or after October 1, 2005, who has been |
176 | lawfully released from confinement, supervision, or sanction, |
177 | whichever is later, for at least 30 years and who has not been |
178 | arrested for any felony or misdemeanor offense since release may |
179 | petition the criminal division of the circuit court in the |
180 | circuit in which the sexual predator resides for the purpose of |
181 | removing the sexual predator designation. The court may grant or |
182 | deny such relief if the petitioner demonstrates to the court |
183 | that he or she has not been arrested for any crime since |
184 | release, the requested relief complies with the provisions of |
185 | the federal Jacob Wetterling Act, as amended, and any other |
186 | federal standards applicable to the removal of the designation |
187 | as a sexual predator or required to be met as a condition for |
188 | the receipt of federal funds by the state, and the court is |
189 | otherwise satisfied that the petitioner is not a current or |
190 | potential threat to public safety. The state attorney in the |
191 | circuit in which the petition is filed must be given notice of |
192 | the petition at least 3 weeks before the hearing on the matter. |
193 | The state attorney may present evidence in opposition to the |
194 | requested relief or may otherwise demonstrate the reasons why |
195 | the petition should be denied. If the court denies the petition, |
196 | the court may set a future date at which the sexual predator may |
197 | again petition the court for relief, subject to the standards |
198 | for relief provided in this paragraph. Unless specified in the |
199 | order, a sexual predator who is granted relief under this |
200 | paragraph must comply with the requirements for registration as |
201 | a sexual offender and other requirements provided under s. |
202 | 943.0435 or s. 944.607. If a petitioner obtains an order from |
203 | the court that imposed the order designating the petitioner as a |
204 | sexual predator which removes such designation, the petitioner |
205 | shall forward a certified copy of the written findings or order |
206 | to the department in order to have the sexual predator |
207 | designation removed from the sexual predator registry. |
208 |
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209 | The sheriff shall promptly provide to the department the |
210 | information received from the sexual predator. |
211 | Section 6. Section 775.235, Florida Statutes, is created |
212 | to read: |
213 | 775.235 Harboring sexual predator or sexual offender.--Any |
214 | person who permits a sexual predator or sexual offender to |
215 | reside with that person knowing that the sexual predator or |
216 | sexual offender has failed to comply with requirements of s. |
217 | 775.21, s. 943.0435, or s. 944.607 commits a felony of the third |
218 | degree, punishable as provided in s. 775.082 or s. 775.083. |
219 | Section 7. Paragraph (o) is added to subsection (5) of |
220 | section 921.141, Florida Statutes, to read: |
221 | 921.141 Sentence of death or life imprisonment for capital |
222 | felonies; further proceedings to determine sentence.-- |
223 | (5) AGGRAVATING CIRCUMSTANCES.--Aggravating circumstances |
224 | shall be limited to the following: |
225 | (o) The capital felony was committed by a person |
226 | designated a sexual predator pursuant to s. 775.21 or a person |
227 | previously designated a sexual predator whose sexual predator |
228 | designation had been removed. |
229 | Section 8. Paragraph (b) of subsection (7) of section |
230 | 947.1405, Florida Statutes, is amended, paragraph (c) is added |
231 | to said subsection, subsection (9) is renumbered as subsection |
232 | (10), and a new subsection (9) is added to said section, to |
233 | read: |
234 | 947.1405 Conditional release program.-- |
235 | (7) |
236 | (b) For a releasee whose crime was committed on or after |
237 | October 1, 1997, in violation of chapter 794, s. 800.04, s. |
238 | 827.071, or s. 847.0145, and who is subject to conditional |
239 | release supervision, in addition to any other provision of this |
240 | section subsection, the commission shall impose the following |
241 | additional conditions of conditional release supervision: |
242 | 1. As part of a treatment program, participation in a |
243 | minimum of one annual polygraph examination to obtain |
244 | information necessary for risk management and treatment and to |
245 | reduce the sex offender's denial mechanisms. The polygraph |
246 | examination must be conducted by a polygrapher trained |
247 | specifically in the use of the polygraph for the monitoring of |
248 | sex offenders, where available, and at the expense of the sex |
249 | offender. The results of the polygraph examination shall not be |
250 | used as evidence in a hearing to prove that a violation of |
251 | supervision has occurred. |
252 | 2. Maintenance of a driving log and a prohibition against |
253 | driving a motor vehicle alone without the prior approval of the |
254 | supervising officer. |
255 | 3. A prohibition against obtaining or using a post office |
256 | box without the prior approval of the supervising officer. |
257 | 4. If there was sexual contact, a submission to, at the |
258 | probationer's or community controllee's expense, an HIV test |
259 | with the results to be released to the victim or the victim's |
260 | parent or guardian. |
261 | 5. Electronic monitoring of any form when ordered by the |
262 | commission. |
263 | (c) Effective for a releasee whose crime was committed on |
264 | or after July 1, 2005, in violation of chapter 794, s. 800.04, |
265 | s. 827.071, or s. 847.0145, or who is designated a sexual |
266 | predator pursuant to s. 775.21, in addition to any other |
267 | provision of this section, the commission shall require |
268 | electronic monitoring as provided in s. 947.1406. |
269 | (9) For a releasee placed on electronic monitoring |
270 | pursuant to paragraph (7)(c) who the commission determines is in |
271 | violation of any material condition of supervision, the |
272 | commission shall order the releasee returned to prison until the |
273 | expiration of the sentence of imprisonment. |
274 | Section 9. Section 947.1406, Florida Statutes, is created |
275 | to read: |
276 | 947.1406 Electronic monitoring for certain sex offenders |
277 | and sexual predators.--For any conditional releasee placed on |
278 | electronic monitoring pursuant to s. 947.1405(9), the department |
279 | shall use a system of active electronic monitoring that |
280 | identifies the location of a monitored offender and that can |
281 | produce upon request reports or records of the offender's |
282 | location at any time. |
283 | Section 10. Subsection (8) is added to section 948.06, |
284 | Florida Statutes, to read: |
285 | 948.06 Violation of probation or community control; |
286 | revocation; modification; continuance; failure to pay |
287 | restitution or cost of supervision.-- |
288 | (8) This subsection shall apply to any probationer or |
289 | community controllee under supervision for a violation of s. |
290 | 787.01, s. 787.02, s. 787.025, s. 794.011, s. 800.04, s. |
291 | 827.071, or s. 847.0145, or who is designated a sexual predator |
292 | pursuant to s. 775.21, regardless of when his or her crime was |
293 | committed. In any case, when a violation of supervision is |
294 | admitted or determined by the court to be proven, and the court |
295 | returns the violator to probation or community control |
296 | supervision, the court must, in addition to any other condition |
297 | of supervision, order electronic monitoring as described in s. |
298 | 948.11(6). |
299 | Section 11. Subsection (6) is added to section 948.11, |
300 | Florida Statutes, to read: |
301 | 948.11 Electronic monitoring devices.-- |
302 | (6) For any probationer or community controllee placed on |
303 | electronic monitoring pursuant to s. 948.30(3), the Department |
304 | of Corrections shall use a system of active electronic |
305 | monitoring that identifies the location of a monitored offender |
306 | and that can produce, upon request, reports or records of the |
307 | offender's location at any time. |
308 | Section 12. Subsection (2) of section 948.30, Florida |
309 | Statutes, is amended, and subsection (3) is added to said |
310 | section, to read: |
311 | 948.30 Additional terms and conditions of probation or |
312 | community control for certain sex offenses.--Conditions imposed |
313 | pursuant to this section do not require oral pronouncement at |
314 | the time of sentencing and shall be considered standard |
315 | conditions of probation or community control for offenders |
316 | specified in this section. |
317 | (2) Effective for a probationer or community controllee |
318 | whose crime was committed on or after October 1, 1997, and who |
319 | is on supervision placed on sex offender probation for a |
320 | violation of chapter 794, s. 800.04, s. 827.071, or s. 847.0145, |
321 | in addition to any other provision of this section subsection, |
322 | the court must impose the following conditions of probation or |
323 | community control: |
324 | (a) As part of a treatment program, participation at least |
325 | annually in polygraph examinations to obtain information |
326 | necessary for risk management and treatment and to reduce the |
327 | sex offender's denial mechanisms. A polygraph examination must |
328 | be conducted by a polygrapher trained specifically in the use of |
329 | the polygraph for the monitoring of sex offenders, where |
330 | available, and shall be paid for by the sex offender. The |
331 | results of the polygraph examination shall not be used as |
332 | evidence in court to prove that a violation of community |
333 | supervision has occurred. |
334 | (b) Maintenance of a driving log and a prohibition against |
335 | driving a motor vehicle alone without the prior approval of the |
336 | supervising officer. |
337 | (c) A prohibition against obtaining or using a post office |
338 | box without the prior approval of the supervising officer. |
339 | (d) If there was sexual contact, a submission to, at the |
340 | probationer's or community controllee's expense, an HIV test |
341 | with the results to be released to the victim or the victim's |
342 | parent or guardian. |
343 | (e) Electronic monitoring when deemed necessary by the |
344 | community control or probation officer and his or her |
345 | supervisor, and ordered by the court at the recommendation of |
346 | the Department of Corrections. |
347 | (3) Effective for a probationer or community controllee |
348 | whose crime was committed on or after July 1, 2005, and who is |
349 | on supervision for a violation of chapter 794, s. 800.04, s. |
350 | 827.071, or s. 847.0145, or who is designated a sexual predator |
351 | pursuant to s. 775.21, in addition to any other provision of |
352 | this section, the court shall order electronic monitoring as |
353 | provided in s. 948.11(6). |
354 | Section 13. If any provision of this act or its |
355 | application to any person or circumstance is held invalid, the |
356 | invalidity does not affect other provisions or applications of |
357 | the act that can be given effect without the invalid provision |
358 | or application, and to this end the provisions of this act are |
359 | declared severable. |
360 | Section 14. This act shall take effect July 1, 2005. |