Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 1350
       
       
       
       
       
       
                                Barcode 806648                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/05/2013           .                                
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       The Committee on Criminal Justice (Bradley) recommended the
       following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 79 - 120
    4  and insert:
    5         5. Notwithstanding subparagraphs 1.-4., a person convicted
    6  under s. 782.04 for an offense that was reclassified as a life
    7  felony that was committed before the person was 18 years of age
    8  is eligible to be punished by a term of imprisonment for life or
    9  by a term of years equal to life imprisonment if the judge at a
   10  mandatory sentencing hearing considers factors relevant to the
   11  offense and to the defendant's youth and attendant
   12  circumstances, including, but not limited to, the factors listed
   13  in paragraph (1)(b) and concludes that imprisonment for life or
   14  a term of years equal to life imprisonment is an appropriate
   15  sentence. This subparagraph applies retroactively only to the
   16  extent necessary to meet constitutional requirements for
   17  imposing a life sentence on a defendant who is convicted of
   18  committing a murder that was committed before the person was 18
   19  years of age as set forth by the United States Supreme Court in
   20  Miller v. Alabama, 132 S. Ct. 2455 (2012).
   21         6. For offenses committed on or after July 1, 2013, a
   22  person convicted of a life felony or of an offense that was
   23  reclassified as a life felony, other than an offense listed in
   24  s. 782.04, that was committed before the person was 18 years of
   25  age shall be punished by a term of imprisonment not to exceed 50
   26  years.
   27         (b) Except as provided in paragraphs 1. and 2., for a
   28  felony of the first degree, by a term of imprisonment not
   29  exceeding 30 years or, when specifically provided by statute, by
   30  imprisonment for a term of years not exceeding life
   31  imprisonment.
   32         1. A person convicted under s. 782.04 of a first-degree
   33  felony punishable by a term of years not exceeding life
   34  imprisonment, or an offense that was reclassified as a first
   35  degree felony punishable by a term of years not exceeding life
   36  imprisonment, that was committed before the person was 18 years
   37  of age is eligible for a term of years equal to life
   38  imprisonment if the judge at a mandatory sentencing hearing
   39  considers factors relevant to the offense and to the defendant's
   40  youth and attendant circumstances, including, but not limited
   41  to, the factors listed in paragraph (1)(b) and concludes that a
   42  term of years equal to life imprisonment is an appropriate
   43  sentence. This subparagraph applies retroactively only to the
   44  extent necessary to meet constitutional requirements for
   45  imposing a life sentence on a defendant who is convicted of
   46  committing a murder that was committed before the person was 18
   47  years of age as set forth by the United States Supreme Court in
   48  Miller v. Alabama, 132 S. Ct. 2455 (2012).
   49         2. For offenses committed on or after July 1, 2013, a
   50  person convicted for a first-degree felony punishable by a term
   51  of years not exceeding life imprisonment or of an offense that
   52  was reclassified as a first-degree felony punishable by a term
   53  of years not exceeding life imprisonment, other than an offense
   54  listed in s. 782.04,  that was committed before the person was
   55  18 years of age shall be punished by a term of imprisonment not
   56  to exceed 50 years.