Bill Amendment: FL S0494 | 2017 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Compensation of Victims of Wrongful Incarceration
Status: 2017-06-19 - Chapter No. 2017-120 [S0494 Detail]
Download: Florida-2017-S0494-Senate_Floor_Amendment_Delete_All_908054.html
Bill Title: Compensation of Victims of Wrongful Incarceration
Status: 2017-06-19 - Chapter No. 2017-120 [S0494 Detail]
Download: Florida-2017-S0494-Senate_Floor_Amendment_Delete_All_908054.html
Florida Senate - 2017 SENATOR AMENDMENT
Bill No. CS for SB 494
Ì908054'Î908054
LEGISLATIVE ACTION
Senate . House
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Floor: 1/AD/2R .
04/27/2017 10:25 AM .
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Senator Bradley moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 961.02, Florida Statutes, is reordered
6 and amended to read:
7 961.02 Definitions.—As used in ss. 961.01-961.07, the term:
8 (1) “Act” means the Victims of Wrongful Incarceration
9 Compensation Act.
10 (2) “Department” means the Department of Legal Affairs.
11 (3) “Division” means the Division of Administrative
12 Hearings.
13 (7)(4) “Wrongfully incarcerated person” means a person
14 whose felony conviction and sentence have been vacated by a
15 court of competent jurisdiction and who is the subject of an
16 order issued by the original sentencing court pursuant to s.
17 961.03, with respect to whom pursuant to the requirements of s.
18 961.03, the original sentencing court has issued its order
19 finding that the person did not commit neither committed the act
20 or nor the offense that served as the basis for the conviction
21 and incarceration and that the person did not aid, abet, or act
22 as an accomplice or accessory to a person who committed the act
23 or offense.
24 (4)(5) “Eligible for compensation” means that a person
25 meets the definition of the term “wrongfully incarcerated
26 person” and is not disqualified from seeking compensation under
27 the criteria prescribed in s. 961.04.
28 (5)(6) “Entitled to compensation” means that a person meets
29 the definition of the term “eligible for compensation” and
30 satisfies the application requirements prescribed in s. 961.05,
31 and may receive compensation pursuant to s. 961.06.
32 (6) “Violent felony” means a felony listed in s.
33 775.084(1)(c)1. or s. 948.06(8)(c).
34 Section 2. Section 961.04, Florida Statutes, is amended to
35 read:
36 961.04 Eligibility for compensation for wrongful
37 incarceration.—A wrongfully incarcerated person is not eligible
38 for compensation under the act if:
39 (1) Before the person’s wrongful conviction and
40 incarceration, the person was convicted of, or pled guilty or
41 nolo contendere to, regardless of adjudication, any violent
42 felony offense, or a crime committed in another jurisdiction the
43 elements of which would constitute a violent felony in this
44 state, or a crime committed against the United States which is
45 designated a violent felony, excluding any delinquency
46 disposition;
47 (2) Before the person’s wrongful conviction and
48 incarceration, the person was convicted of, or pled guilty or
49 nolo contendere to, regardless of adjudication, more than one
50 felony that is not a violent felony, or more than one crime
51 committed in another jurisdiction, the elements of which would
52 constitute a felony in this state, or more than one crime
53 committed against the United States which is designated a
54 felony, excluding any delinquency disposition;
55 (3)(2) During the person’s wrongful incarceration, the
56 person was convicted of, or pled guilty or nolo contendere to,
57 regardless of adjudication, any violent felony offense; or
58 (4) During the person’s wrongful incarceration, the person
59 was convicted of, or pled guilty or nolo contendere to,
60 regardless of adjudication, more than one felony that is not a
61 violent felony; or
62 (5)(3) During the person’s wrongful incarceration, the
63 person was also serving a concurrent sentence for another felony
64 for which the person was not wrongfully convicted.
65 Section 3. Subsection (2) of section 961.06, Florida
66 Statutes, is amended to read:
67 961.06 Compensation for wrongful incarceration.—
68 (2) In calculating monetary compensation under paragraph
69 (1)(a), a wrongfully incarcerated person who is placed on parole
70 or community supervision while serving the sentence resulting
71 from the wrongful conviction and who commits no more than one
72 felony that is not anything less than a violent felony which law
73 violation that results in revocation of the parole or community
74 supervision is eligible for compensation for the total number of
75 years incarcerated. A wrongfully incarcerated person who commits
76 one violent a felony or more than one felony that is not a
77 violent felony law violation that results in revocation of the
78 parole or community supervision is ineligible for any
79 compensation under subsection (1).
80 Section 4. The changes made by this act to ss. 961.02,
81 961.04, and 961.06, Florida Statutes, apply only to persons who
82 are determined to be wrongfully incarcerated on or after the
83 effective date of this act.
84 Section 5. For the purpose of incorporating the amendments
85 made by this act to section 961.04, Florida Statutes, in
86 references thereto, paragraph (a) of subsection (1) and
87 subsections (2), (3), and (4) of section 961.03, Florida
88 Statutes, are reenacted to read:
89 961.03 Determination of status as a wrongfully incarcerated
90 person; determination of eligibility for compensation.—
91 (1)(a) In order to meet the definition of a “wrongfully
92 incarcerated person” and “eligible for compensation,” upon entry
93 of an order, based upon exonerating evidence, vacating a
94 conviction and sentence, a person must set forth the claim of
95 wrongful incarceration under oath and with particularity by
96 filing a petition with the original sentencing court, with a
97 copy of the petition and proper notice to the prosecuting
98 authority in the underlying felony for which the person was
99 incarcerated. At a minimum, the petition must:
100 1. State that verifiable and substantial evidence of actual
101 innocence exists and state with particularity the nature and
102 significance of the verifiable and substantial evidence of
103 actual innocence; and
104 2. State that the person is not disqualified, under the
105 provisions of s. 961.04, from seeking compensation under this
106 act.
107 (2) The prosecuting authority must respond to the petition
108 within 30 days. The prosecuting authority may respond:
109 (a) By certifying to the court that, based upon the
110 petition and verifiable and substantial evidence of actual
111 innocence, no further criminal proceedings in the case at bar
112 can or will be initiated by the prosecuting authority, that no
113 questions of fact remain as to the petitioner’s wrongful
114 incarceration, and that the petitioner is not ineligible from
115 seeking compensation under the provisions of s. 961.04; or
116 (b) By contesting the nature, significance, or effect of
117 the evidence of actual innocence, the facts related to the
118 petitioner’s alleged wrongful incarceration, or whether the
119 petitioner is ineligible from seeking compensation under the
120 provisions of s. 961.04.
121 (3) If the prosecuting authority responds as set forth in
122 paragraph (2)(a), the original sentencing court, based upon the
123 evidence of actual innocence, the prosecuting authority’s
124 certification, and upon the court’s finding that the petitioner
125 has presented clear and convincing evidence that the petitioner
126 committed neither the act nor the offense that served as the
127 basis for the conviction and incarceration, and that the
128 petitioner did not aid, abet, or act as an accomplice to a
129 person who committed the act or offense, shall certify to the
130 department that the petitioner is a wrongfully incarcerated
131 person as defined by this act. Based upon the prosecuting
132 authority’s certification, the court shall also certify to the
133 department that the petitioner is eligible for compensation
134 under the provisions of s. 961.04.
135 (4)(a) If the prosecuting authority responds as set forth
136 in paragraph (2)(b), the original sentencing court shall make a
137 determination from the pleadings and supporting documentation
138 whether, by a preponderance of the evidence, the petitioner is
139 ineligible for compensation under the provisions of s. 961.04,
140 regardless of his or her claim of wrongful incarceration. If the
141 court finds the petitioner ineligible under the provisions of s.
142 961.04, it shall dismiss the petition.
143 (b) If the prosecuting authority responds as set forth in
144 paragraph (2)(b), and the court determines that the petitioner
145 is eligible under the provisions of s. 961.04, but the
146 prosecuting authority contests the nature, significance or
147 effect of the evidence of actual innocence, or the facts related
148 to the petitioner’s alleged wrongful incarceration, the court
149 shall set forth its findings and transfer the petition by
150 electronic means through the division’s website to the division
151 for findings of fact and a recommended determination of whether
152 the petitioner has established that he or she is a wrongfully
153 incarcerated person who is eligible for compensation under this
154 act.
155 Section 6. For the purpose of incorporating the amendment
156 made by this act to section 961.06, Florida Statutes, in a
157 reference thereto, subsection (6) of section 961.05, Florida
158 Statutes, is reenacted to read:
159 961.05 Application for compensation for wrongful
160 incarceration; administrative expunction; determination of
161 entitlement to compensation.—
162 (6) If the department determines that a claimant meets the
163 requirements of this act, the wrongfully incarcerated person who
164 is the subject of the claim becomes entitled to compensation,
165 subject to the provisions in s. 961.06.
166 Section 7. For the purpose of incorporating the amendments
167 made by this act to section 961.06, Florida Statutes, in
168 references thereto, subsection (1) of section 961.055, Florida
169 Statutes, is reenacted to read:
170 961.055 Application for compensation for a wrongfully
171 incarcerated person; exemption from application by nolle
172 prosequi.—
173 (1) A person alleged to be a wrongfully incarcerated person
174 who was convicted and sentenced to death on or before December
175 31, 1979, is exempt from the application provisions of ss.
176 961.03, 961.04, and 961.05 in the determination of wrongful
177 incarceration and eligibility to receive compensation pursuant
178 to s. 961.06 if:
179 (a) The Governor issues an executive order appointing a
180 special prosecutor to review the defendant’s conviction; and
181 (b) The special prosecutor thereafter enters a nolle
182 prosequi for the charges for which the defendant was convicted
183 and sentenced to death.
184 Section 8. For the purpose of incorporating the amendment
185 made by this act to section 961.06, Florida Statutes, in a
186 reference thereto, subsection (4) of section 961.056, Florida
187 Statutes, is reenacted to read:
188 961.056 Alternative application for compensation for a
189 wrongfully incarcerated person.—
190 (4) If the department determines that a claimant making
191 application under this section meets the requirements of this
192 chapter, the wrongfully incarcerated person is entitled to
193 compensation under s. 961.06.
194 Section 9. This act shall take effect October 1, 2016.
195
196 ================= T I T L E A M E N D M E N T ================
197 And the title is amended as follows:
198 Delete everything before the enacting clause
199 and insert:
200 A bill to be entitled
201 An act relating to compensation of victims of wrongful
202 incarceration; amending s. 961.02, F.S.; defining the
203 term “violent felony”; making technical changes;
204 amending s. 961.04, F.S.; revising the circumstances
205 under which a person is disqualified from receiving
206 compensation under the Victims of Wrongful
207 Incarceration Compensation Act; amending s. 961.06,
208 F.S.; specifying that a wrongfully incarcerated person
209 who commits no more than one felony that is not a
210 violent felony, rather than a felony law violation,
211 which results in revocation of parole or community
212 supervision is eligible for compensation; providing
213 applicability; reenacting s. 961.03(1)(a), (2), (3),
214 and (4), F.S., relating to determination of
215 eligibility for compensation, to incorporate the
216 amendments made by the act to s. 961.04, F.S., in
217 references thereto; reenacting ss. 961.05(6),
218 961.055(1), and 961.056(4), F.S., relating to the
219 determination of entitlement to compensation,
220 application for compensation for a wrongfully
221 incarcerated person and exemption from application by
222 nolle prosequi, and alternative application for
223 compensation for a wrongfully incarcerated person, to
224 incorporate the amendments made by the act to s.
225 961.06, F.S., in references thereto; providing an
226 effective date.
