Florida Senate - 2020 SB 1038 By Senator Bracy 11-00851-20 20201038__ 1 A bill to be entitled 2 An act relating to disposition of juvenile offenses; 3 amending s. 921.0021, F.S.; redefining the term “prior 4 record”; providing an effective date. 5 6 Be It Enacted by the Legislature of the State of Florida: 7 8 Section 1. Subsection (5) of section 921.0021, Florida 9 Statutes, is amended to read: 10 921.0021 Definitions.—As used in this chapter, for any 11 felony offense, except any capital felony, committed on or after 12 October 1, 1998, the term: 13 (5) “Prior record” means a conviction for a crime committed 14 by the offender, as an adult or a juvenile, before
prior tothe 15 time of the primary offense. Convictions by federal, out-of 16 state, military, or foreign courts, and convictions for 17 violations of county or municipal ordinances that incorporate by 18 reference a penalty under state law, are included in the 19 offender’s prior record. Convictions for offenses committed by 20 the offender more than 10 years before the primary offense are 21 not included in the offender’s prior record if the offender has 22 not been convicted of any other crime for a period of 10 23 consecutive years from the most recent date of release from 24 confinement, supervision, or sanction, whichever is later, to 25 the date of the primary offense. Juvenile dispositions of 26 offenses committed by the offender within 5 years before the27 primary offenseare not included in the offender’s prior record, 28 except that when the offense would have been a crime had the29 offender been an adult rather than a juvenile.juvenile 30 dispositions of sexual offenses committed by the offender which 31 were committed 5 years or more before the primary offense are 32 included in the offender’s prior record if the offender has not 33 maintained a conviction-free record, either as an adult or a 34 juvenile, for a period of 5 consecutive years from the most 35 recent date of release from confinement, supervision, or 36 sanction, whichever is later, to the date of the primary 37 offense. 38 Section 2. This act shall take effect July 1, 2020.