Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. CS for SB 146
                        Barcode 943136
                            CHAMBER ACTION
              Senate                               House
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 1           Comm: RS              .                    
       02/20/2007 12:35 PM         .                    
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11  The Committee on Judiciary (Webster) recommended the following
12  amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  This act may be cited as the "Anti-Murder
19  Act."
20         Section 2.  Section 903.0351, Florida Statutes, is
21  created to read:
22         903.0351  Restrictions on pretrial release pending
23  probation or community control violation hearing.--
24         (1)  In the instance of an alleged violation of felony
25  probation or community control, bail or any other form of
26  pretrial release shall not be granted prior to the resolution
27  of the probation or community control violation hearing to:
28         (a)  A violent felony offender of special concern as
29  defined in s. 948.06; or
30         (b)  A person arrested for a qualifying offense as
31  defined in s. 948.06(8)(c).
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    9:24 AM   02/19/07                              s0146.ju09.001

Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 146 Barcode 943136 1 (2) Subsection (1) shall not apply where the alleged 2 violation of felony probation or community control is based 3 solely on the probationer or offender's failure to pay costs 4 or fines or make restitution payments. 5 Section 3. Subsection (4) of section 948.06, Florida 6 Statutes, is amended, and subsection (8) is added to that 7 section, to read: 8 948.06 Violation of probation or community control; 9 revocation; modification; continuance; failure to pay 10 restitution or cost of supervision.-- 11 (4) Notwithstanding any other provision of this 12 section, a felony probationer or an offender in community 13 control who is arrested for violating his or her probation or 14 community control in a material respect may be taken before 15 the court in the county or circuit in which the probationer or 16 offender was arrested. That court shall advise him or her of 17 the such charge of a violation and, if such charge is 18 admitted, shall cause him or her to be brought before the 19 court that which granted the probation or community control. 20 If the such violation is not admitted by the probationer or 21 offender, the court may commit him or her or release him or 22 her with or without bail to await further hearing. However, if 23 the probationer or offender is under supervision for any 24 criminal offense proscribed in chapter 794, s. 800.04(4), (5), 25 (6), s. 827.071, or s. 847.0145, or is a registered sexual 26 predator or a registered sexual offender, or is under 27 supervision for a criminal offense for which he or she would 28 meet the registration criteria in s. 775.21, s. 943.0435, or 29 s. 944.607 but for the effective date of those sections, the 30 court must make a finding that the probationer or offender is 31 not a danger to the public prior to release with or without 2 9:24 AM 02/19/07 s0146.ju09.001
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 146 Barcode 943136 1 bail. In determining the danger posed by the offender's or 2 probationer's release, the court may consider the nature and 3 circumstances of the violation and any new offenses charged; 4 the offender's or probationer's past and present conduct, 5 including convictions of crimes; any record of arrests without 6 conviction for crimes involving violence or sexual crimes; any 7 other evidence of allegations of unlawful sexual conduct or 8 the use of violence by the offender or probationer; the 9 offender's or probationer's family ties, length of residence 10 in the community, employment history, and mental condition; 11 his or her history and conduct during the probation or 12 community control supervision from which the violation arises 13 and any other previous supervisions, including disciplinary 14 records of previous incarcerations; the likelihood that the 15 offender or probationer will engage again in a criminal course 16 of conduct; the weight of the evidence against the offender or 17 probationer; and any other facts the court considers relevant. 18 The court, as soon as is practicable, shall give the 19 probationer or offender an opportunity to be fully heard on 20 his or her behalf in person or by counsel. After the such 21 hearing, the court shall make findings of fact and forward the 22 findings to the court that which granted the probation or 23 community control and to the probationer or offender or his or 24 her attorney. The findings of fact by the hearing court are 25 binding on the court that which granted the probation or 26 community control. Upon the probationer or offender being 27 brought before it, the court that which granted the probation 28 or community control may revoke, modify, or continue the 29 probation or community control or may place the probationer 30 into community control as provided in this section. However, 31 if any violation of felony probation or community control 3 9:24 AM 02/19/07 s0146.ju09.001
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 146 Barcode 943136 1 other than a failure to pay costs or fines or make restitution 2 payments is alleged to have been committed by a violent felony 3 offender of special concern, as defined in this section, or a 4 person who has been arrested for a qualifying offense, the 5 probationer or offender shall not be released and shall not be 6 admitted to bail, but shall be brought before the court that 7 granted the probation or community control. 8 (8)(a) In addition to complying with the provisions of 9 subsections (1)-(7), this subsection provides further 10 requirements regarding a probationer or offender in community 11 control who is a violent felony offender of special concern. 12 The provisions of this subsection shall control over any 13 conflicting provisions in subsections (1)-(7). For purposes of 14 this subsection, the term "convicted" means a determination of 15 guilt which is the result of a trial or the entry of a plea of 16 guilty or nolo contendere, regardless of whether adjudication 17 is withheld. 18 (b) For purposes of this section and ss. 903.0351, 19 948.064, and 921.0024, the term "violent felony offender of 20 special concern" means a person who is on: 21 1. Felony probation or community control related to 22 the commission of a qualifying offense committed on or after 23 the effective date of this act; 24 2. Felony probation or community control for any 25 offense committed on or after the effective date of this act, 26 and has previously been convicted of a qualifying offense; 27 3. Felony probation or community control for any 28 offense committed on or after the effective date of this act, 29 and is found to have violated that probation or community 30 control by committing a qualifying offense; 31 4. Felony probation or community control and has 4 9:24 AM 02/19/07 s0146.ju09.001
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 146 Barcode 943136 1 previously been found by a court to be a habitual violent 2 felony offender as defined in s. 775.084(1)(b) and has 3 committed a qualifying offense on or after the effective date 4 of this act; 5 5. Felony probation or community control and has 6 previously been found by a court to be a three-time violent 7 felony offender as defined in s. 775.084(1)(c) and has 8 committed a qualifying offense on or after the effective date 9 of this act; or 10 6. Felony probation or community control and has 11 previously been found by a court to be a sexual predator under 12 s. 775.21 and has committed a qualifying offense on or after 13 the effective date of this act. 14 (c) For purposes of this section, the term "qualifying 15 offense" means any of the following: 16 1. Kidnapping or attempted kidnapping under s. 787.01, 17 false imprisonment of a child under the age of 13 under s. 18 787.02(3), or luring or enticing a child under s. 19 787.025(2)(b) or (c). 20 2. Murder or attempted murder under s. 782.04, 21 attempted felony murder under s. 782.051, or manslaughter 22 under s. 782.07. 23 3. Aggravated battery or attempted aggravated battery 24 under s. 784.045. 25 4. Sexual battery or attempted sexual battery under s. 26 794.011(2), (3), (4), or (8)(b) or (c). 27 5. Lewd or lascivious battery or attempted lewd or 28 lascivious battery under s. 800.04(4), lewd or lascivious 29 molestation under s. 800.04(5)(b) or (c)2., lewd or lascivious 30 conduct under s. 800.04(6)(b), or lewd or lascivious 31 exhibition under s. 800.04(7)(c). 5 9:24 AM 02/19/07 s0146.ju09.001
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 146 Barcode 943136 1 6. Robbery or attempted robbery under s. 812.13, 2 carjacking or attempted carjacking under s. 812.133, or home 3 invasion robbery or attempted home invasion robbery under s. 4 812.135. 5 7. Lewd or lascivious offense upon or in the presence 6 of an elderly or disabled person or attempted lewd or 7 lascivious offense upon or in the presence of an elderly or 8 disabled person under s. 825.1025. 9 8. Sexual performance by a child or attempted sexual 10 performance by a child under s. 827.071. 11 9. Computer pornography under s. 847.0135(2) or (3), 12 transmission of child pornography under s. 847.0137, or 13 selling or buying of minors under s. 847.0145. 14 10. Poisoning food or water under s. 859.01. 15 11. Abuse of a dead human body under s. 872.06. 16 12. Any burglary offense or attempted burglary offense 17 that is either a first-degree felony or second-degree felony 18 under s. 810.02(2) or (3). 19 13. Arson or attempted arson under s. 806.01(1). 20 14. Aggravated assault under s. 784.021. 21 15. Aggravated stalking under s. 784.048(3), (4), (5), 22 or (7). 23 16. Aircraft piracy under s. 860.16. 24 17. Unlawful throwing, placing, or discharging of a 25 destructive device or bomb under s. 790.161(2), (3), or (4). 26 18. Treason under s. 876.32. 27 19. Any offense committed in another jurisdiction 28 which would be an offense listed in this paragraph if that 29 offense had been committed in this state. 30 (d) In the case of an alleged violation of probation 31 or community control by a violent felony offender of special 6 9:24 AM 02/19/07 s0146.ju09.001
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 146 Barcode 943136 1 concern, other than a failure to pay costs, fines, or 2 restitution, or a person who has been arrested for a 3 qualifying offense, the alleged violator shall remain in 4 custody pending the resolution of the probation or community 5 control violation. The court shall not dismiss the probation 6 or community control violation warrant pending against a 7 violent felony offender of special concern or a person 8 arrested for a qualifying offense without holding a recorded 9 violation-of-probation hearing at which both the state and the 10 offender are represented. 11 (e) If the court, after conducting the hearing 12 required by paragraph (d), determines that a violent felony 13 offender of special concern has committed a violation of 14 probation or community control other than a failure to pay 15 costs, fines, or restitution, the court shall: 16 1. Make written findings whether or not the violent 17 felony offender of special concern poses a danger to the 18 community. In determining the danger to the community posed by 19 the offender's release, the court shall base its findings on 20 one or more of the following: 21 a. The nature and circumstances of the violation and 22 any new offenses charged. 23 b. The offender's present conduct, including criminal 24 convictions. 25 c. The offender's amenability to nonincarcerative 26 sanctions based on his or her history and conduct during the 27 probation or community control supervision from which the 28 violation hearing arises and any other previous supervisions, 29 including disciplinary records of previous incarcerations. 30 d. The weight of the evidence against the offender. 31 2. Decide whether to revoke the probation or community 7 9:24 AM 02/19/07 s0146.ju09.001
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 146 Barcode 943136 1 control. 2 a. If the court has found that a violent felony 3 offender of special concern poses a danger to the community, 4 the court shall revoke probation and shall sentence the 5 offender up to the statutory maximum, or longer if permitted 6 by law. 7 b. If the court has found that a violent felony 8 offender of special concern does not pose a danger to the 9 community, the court may revoke, modify, or continue the 10 probation or community control or may place the probationer 11 into community control as provided in this section. 12 Section 4. Section 948.064, Florida Statutes, is 13 created to read: 14 948.064 Notification of status as a violent felony 15 offender of special concern.-- 16 (1) To facilitate the information available to the 17 court at first appearance hearings and at all subsequent 18 hearings for "violent felony offenders of special concern," as 19 defined in s. 948.06, the Department of Corrections shall, no 20 later than October 1, 2007, develop a system for identifying 21 the offenders in the department's database and post on the 22 Department of Law Enforcement's Criminal Justice Intranet a 23 listing of all "violent felony offenders of special concern" 24 who are under community supervision. 25 (2) The county where the arrested person is booked 26 shall provide the following information to the court at the 27 time of the first appearance: 28 (a) State and national criminal history information; 29 (b) All criminal justice information available in the 30 Florida Crime Information Center and the National Crime 31 Information Center; and 8 9:24 AM 02/19/07 s0146.ju09.001
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 146 Barcode 943136 1 (c) Notice that the arrested person meets the 2 requirement for restrictions on pretrial release pending 3 probation or community control violation hearing in s. 4 903.0351(1)(b). 5 (3) The courts shall assist the department's 6 dissemination of critical information by creating and 7 maintaining an automated system to provide the information as 8 specified in this section to the court with the jurisdiction 9 to conduct the hearings. 10 (4) The state attorney, or the statewide prosecutor if 11 applicable, shall advise the court at each critical stage in 12 the judicial process, at which the state attorney or statewide 13 prosecutor is represented, whether an alleged or convicted 14 offender is a "violent felony offender of special concern." 15 Section 5. Paragraph (b) of subsection (1) of section 16 921.0024, Florida Statutes, is amended to read: 17 921.0024 Criminal Punishment Code; worksheet 18 computations; scoresheets.-- 19 (1) 20 21 (b) WORKSHEET KEY: 22 23 Legal status points are assessed when any form of legal status 24 existed at the time the offender committed an offense before 25 the court for sentencing. Four (4) sentence points are 26 assessed for an offender's legal status. 27 28 Community sanction violation points are assessed when a 29 community sanction violation is before the court for 30 sentencing. Six (6) sentence points are assessed for each 31 community sanction violation, and each successive community 9 9:24 AM 02/19/07 s0146.ju09.001
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 146 Barcode 943136 1 sanction violation, unless any of the following apply:; 2 however, 3 1. If the community sanction violation includes a new 4 felony conviction before the sentencing court, twelve (12) 5 community sanction violation points are assessed for the such 6 violation, and for each successive community sanction 7 violation involving a new felony conviction. 8 2. If the community sanction violation is committed by 9 a violent felony offender of special concern as defined in s. 10 948.06: 11 a. Twelve (12) community sanction violation points are 12 assessed for the violation and for each successive violation 13 of felony probation or community control where: 14 (I) the violation does not include a new felony 15 conviction; and 16 (II) the community sanction violation is not based 17 solely on the probationer or offender's failure to pay costs 18 or fines or make restitution payments. 19 b. Twenty-four (24) community sanction violation 20 points are assessed for the violation and for each successive 21 violation of felony probation or community control where the 22 violation includes a new felony conviction. 23 24 Multiple counts of community sanction violations before the 25 sentencing court shall not be a basis for multiplying the 26 assessment of community sanction violation points. 27 28 Prior serious felony points: If the offender has a primary 29 offense or any additional offense ranked in level 8, level 9, 30 or level 10, and one or more prior serious felonies, a single 31 assessment of thirty (30) 30 points shall be added. For 10 9:24 AM 02/19/07 s0146.ju09.001
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 146 Barcode 943136 1 purposes of this section, a prior serious felony is an offense 2 in the offender's prior record that is ranked in level 8, 3 level 9, or level 10 under s. 921.0022 or s. 921.0023 and for 4 which the offender is serving a sentence of confinement, 5 supervision, or other sanction or for which the offender's 6 date of release from confinement, supervision, or other 7 sanction, whichever is later, is within 3 years before the 8 date the primary offense or any additional offense was 9 committed. 10 11 Prior capital felony points: If the offender has one or more 12 prior capital felonies in the offender's criminal record, 13 points shall be added to the subtotal sentence points of the 14 offender equal to twice the number of points the offender 15 receives for the primary offense and any additional offense. A 16 prior capital felony in the offender's criminal record is a 17 previous capital felony offense for which the offender has 18 entered a plea of nolo contendere or guilty or has been found 19 guilty; or a felony in another jurisdiction which is a capital 20 felony in that jurisdiction, or would be a capital felony if 21 the offense were committed in this state. 22 23 Possession of a firearm, semiautomatic firearm, or machine 24 gun: If the offender is convicted of committing or attempting 25 to commit any felony other than those enumerated in s. 26 775.087(2) while having in his or her possession: a firearm as 27 defined in s. 790.001(6), an additional eighteen (18) 18 28 sentence points are assessed; or if the offender is convicted 29 of committing or attempting to commit any felony other than 30 those enumerated in s. 775.087(3) while having in his or her 31 possession a semiautomatic firearm as defined in s. 775.087(3) 11 9:24 AM 02/19/07 s0146.ju09.001
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 146 Barcode 943136 1 or a machine gun as defined in s. 790.001(9), an additional 2 twenty-five (25) 25 sentence points are assessed. 3 4 Sentencing multipliers: 5 6 Drug trafficking: If the primary offense is drug trafficking 7 under s. 893.135, the subtotal sentence points are multiplied, 8 at the discretion of the court, for a level 7 or level 8 9 offense, by 1.5. The state attorney may move the sentencing 10 court to reduce or suspend the sentence of a person convicted 11 of a level 7 or level 8 offense, if the offender provides 12 substantial assistance as described in s. 893.135(4). 13 14 Law enforcement protection: If the primary offense is a 15 violation of the Law Enforcement Protection Act under s. 16 775.0823(2), the subtotal sentence points are multiplied by 17 2.5. If the primary offense is a violation of s. 775.0823(3), 18 (4), (5), (6), (7), or (8), the subtotal sentence points are 19 multiplied by 2.0. If the primary offense is a violation of s. 20 784.07(3) or s. 775.0875(1), or of the Law Enforcement 21 Protection Act under s. 775.0823(9) or (10), the subtotal 22 sentence points are multiplied by 1.5. 23 24 Grand theft of a motor vehicle: If the primary offense is 25 grand theft of the third degree involving a motor vehicle and 26 in the offender's prior record, there are three or more grand 27 thefts of the third degree involving a motor vehicle, the 28 subtotal sentence points are multiplied by 1.5. 29 30 Offense related to a criminal street gang: If the offender is 31 convicted of the primary offense and committed that offense 12 9:24 AM 02/19/07 s0146.ju09.001
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 146 Barcode 943136 1 for the purpose of benefiting, promoting, or furthering the 2 interests of a criminal street gang as prohibited under s. 3 874.04, the subtotal sentence points are multiplied by 1.5. 4 5 Domestic violence in the presence of a child: If the offender 6 is convicted of the primary offense and the primary offense is 7 a crime of domestic violence, as defined in s. 741.28, which 8 was committed in the presence of a child under 16 years of age 9 who is a family or household member as defined in s. 741.28(3) 10 with the victim or perpetrator, the subtotal sentence points 11 are multiplied by 1.5. 12 Section 6. For the purpose of incorporating the 13 amendment made by this act to section 948.06, Florida 14 Statutes, in a reference thereto, paragraph (b) of subsection 15 (2) of section 948.012, Florida Statutes, is reenacted to 16 read: 17 948.012 Split sentence of probation or community 18 control and imprisonment.-- 19 (2) The court may also impose a split sentence whereby 20 the defendant is sentenced to a term of probation which may be 21 followed by a period of incarceration or, with respect to a 22 felony, into community control, as follows: 23 (b) If the offender does not meet the terms and 24 conditions of probation or community control, the court may 25 revoke, modify, or continue the probation or community control 26 as provided in s. 948.06. If the probation or community 27 control is revoked, the court may impose any sentence that it 28 could have imposed at the time the offender was placed on 29 probation or community control. The court may not provide 30 credit for time served for any portion of a probation or 31 community control term toward a subsequent term of probation 13 9:24 AM 02/19/07 s0146.ju09.001
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 146 Barcode 943136 1 or community control. However, the court may not impose a 2 subsequent term of probation or community control which, when 3 combined with any amount of time served on preceding terms of 4 probation or community control for offenses pending before the 5 court for sentencing, would exceed the maximum penalty 6 allowable as provided in s. 775.082. Such term of 7 incarceration shall be served under applicable law or county 8 ordinance governing service of sentences in state or county 9 jurisdiction. This paragraph does not prohibit any other 10 sanction provided by law. 11 Section 7. For the purpose of incorporating the 12 amendment made by this act to section 948.06, Florida 13 Statutes, in a reference thereto, subsection (9) of section 14 948.10, Florida Statutes, is reenacted to read: 15 948.10 Community control programs.-- 16 (9) Procedures governing violations of community 17 control shall be the same as those described in s. 948.06 with 18 respect to probation. 19 Section 8. For the purpose of incorporating the 20 amendment made by this act to section 948.06, Florida 21 Statutes, in a reference thereto, section 958.14, Florida 22 Statutes, is reenacted to read: 23 958.14 Violation of probation or community control 24 program.--A violation or alleged violation of probation or the 25 terms of a community control program shall subject the 26 youthful offender to the provisions of s. 948.06. However, no 27 youthful offender shall be committed to the custody of the 28 department for a substantive violation for a period longer 29 than the maximum sentence for the offense for which he or she 30 was found guilty, with credit for time served while 31 incarcerated, or for a technical or nonsubstantive violation 14 9:24 AM 02/19/07 s0146.ju09.001
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 146 Barcode 943136 1 for a period longer than 6 years or for a period longer than 2 the maximum sentence for the offense for which he or she was 3 found guilty, whichever is less, with credit for time served 4 while incarcerated. 5 Section 9. (1) The Department of Corrections shall 6 coordinate preparation of a report on implementation of the 7 Anti-Murder Act and shall submit the report to the Governor, 8 the President of the Senate, and the Speaker of the House of 9 Representatives no later than February 1, 2008. 10 (2) The department shall convene the participation of, 11 and coordinate preparation of the report with, representatives 12 of: 13 (a) the Office of the State Courts Administrator on 14 behalf of the state courts system; 15 (b) the Florida Prosecuting Attorneys Association; 16 (c) the Florida Public Defender Association; 17 (d) Florida Association of Criminal Defense Lawyers; 18 and 19 (e) any other units of government, organizations, or 20 entities the department deems necessary. 21 (3) At a minimum, the report shall identify any legal, 22 fiscal, or administrative impediments to full implementation 23 of this act and recommended any legislative action related to 24 implementation of this act. 25 Section 10. If any provision of this act or its 26 application to any person or circumstance is held invalid, the 27 invalidity does not affect other provisions or applications of 28 the act which can be given effect without the invalid 29 provision or application, and to this end the provisions of 30 this act are severable. 31 Section 11. This act shall take effect upon becoming a 15 9:24 AM 02/19/07 s0146.ju09.001
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 146 Barcode 943136 1 law. 2 3 4 ================ T I T L E A M E N D M E N T =============== 5 And the title is amended as follows: 6 Delete everything before the enacting clause 7 8 and insert: 9 A bill to be entitled 10 An act relating to violent felony offenders; 11 providing a short title; creating s. 903.0351, 12 F.S.; prohibiting bail or other pretrial 13 release for specified violent felony offenders 14 of special concern without a hearing and 15 certain arrested person pending a probation or 16 community control violation hearing; providing 17 exceptions; amending s. 948.06, F.S.; providing 18 definitions; providing that certain alleged 19 violations of probation or community control by 20 violent felony offenders of special concern 21 require a hearing and require the alleged 22 offenders to remain in custody pending hearing; 23 requiring findings by the court and a decision 24 on revocation of probation or community 25 control; creating s. 948.064, F.S.; providing 26 for notification to the criminal justice system 27 of an offender's status as a violent felony 28 offender of special concern; amending s. 29 921.0024, F.S.; revising the worksheet 30 computations of the Criminal Punishment Code to 31 provide additional community sanction violation 16 9:24 AM 02/19/07 s0146.ju09.001
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 146 Barcode 943136 1 points for certain community sanction 2 violations committed by violent felony 3 offenders of special concern; reenacting ss. 4 948.012(2)(b), 948.10(9), and 958.14, F.S., 5 relating to split sentence of probation or 6 community control and imprisonment, community 7 control programs, and violation of probation or 8 community control, respectively, to incorporate 9 the amendment to s. 948.06, F.S., in references 10 thereto; requiring a report on implementation 11 of this act; providing for severability; 12 providing an effective date. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 17 9:24 AM 02/19/07 s0146.ju09.001