Florida Senate - 2017                                    SB 1264
       
       
        
       By Senator Campbell
       
       
       
       
       
       38-01367-17                                           20171264__
    1                        A bill to be entitled                      
    2         An act relating to sentencing for sexual offenses;
    3         creating s. 794.10, F.S.; prohibiting the grant of
    4         early release or the suspension of execution or
    5         imposition of sentence if the victim of a sexual
    6         offense was prevented from resisting the offense due
    7         to intoxication or unconsciousness; providing an
    8         effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Section 794.10, Florida Statutes, is created to
   13  read:
   14         794.10 Victim intoxication or unconsciousness; effect.
   15  Effective for offenses committed on or after October 1, 2017, a
   16  person who commits a felony violation of this chapter, excluding
   17  s. 794.011(10) or s. 800.04, may not be granted probation,
   18  community control, parole, conditional release, control release,
   19  or any other form of early release, nor shall the execution or
   20  imposition of sentence be suspended, if:
   21         (1) The victim of the offense was prevented from resisting
   22  the offense by any intoxicating or anesthetic substance, or any
   23  controlled substance; or
   24         (2) The victim was unconscious or asleep at the time of the
   25  offense,
   26  
   27  and this condition was known, or reasonably should have been
   28  known, to the offender at the time of the offense.
   29         Section 2. This act shall take effect October 1, 2017.