Bill Amendment: FL S1308 | 2020 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Criminal Justice
Status: 2020-03-14 - Died in Appropriations [S1308 Detail]
Download: Florida-2020-S1308-Senate_Committee_Amendment_556568.html
Bill Title: Criminal Justice
Status: 2020-03-14 - Died in Appropriations [S1308 Detail]
Download: Florida-2020-S1308-Senate_Committee_Amendment_556568.html
Florida Senate - 2020 COMMITTEE AMENDMENT Bill No. SB 1308 Ì556568XÎ556568 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Criminal Justice (Brandes) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 75 - 138 4 and insert: 5 review of his or her sentence under s. 921.1402 or s. 921.1403, 6 respectively, may be resentenced and released from imprisonment 7 if a court deems the resentencing appropriate in accordance with 8 the review requirements under such sections. 9 Section 3. Paragraph (a) of subsection (2) of section 10 921.1402, Florida Statutes, is amended, and subsection (4) of 11 that section is reenacted, to read: 12 921.1402 Review of sentences for persons convicted of 13 specified offenses committed while under the age of 18 years.— 14 (2)(a) A juvenile offender sentenced under s. 15 775.082(1)(b)1. is entitled to a review of his or her sentence 16 after 25 years. However, a juvenile offender is not entitled to 17 review if he or she has previously been convicted of committing 18oneof the following offenses, or of conspiracy to commitone of19the following offenses, murder if the murder offense for which 20 the person was previously convicted was part of a separate 21 criminal transaction or episode than the murderthatwhich 22 resulted in the sentence under s. 775.082(1)(b)1.:231. Murder;242. Manslaughter;253. Sexual battery;264. Armed burglary;275. Armed robbery;286. Armed carjacking;297. Home-invasion robbery;308. Human trafficking for commercial sexual activity with a31child under 18 years of age;329. False imprisonment under s. 787.02(3)(a); or3310. Kidnapping.34 (4) A juvenile offender seeking sentence review pursuant to 35 subsection (2) must submit an application to the court of 36 original jurisdiction requesting that a sentence review hearing 37 be held. The juvenile offender must submit a new application to 38 the court of original jurisdiction to request subsequent 39 sentence review hearings pursuant to paragraph (2)(d). The 40 sentencing court shall retain original jurisdiction for the 41 duration of the sentence for this purpose. 42 Section 4. Section 921.14021, Florida Statutes, is created 43 to read: 44 921.14021 Retroactive application relating to s. 921.1402; 45 legislative intent; review of sentence.— 46 (1) It is the intent of the Legislature to retroactively 47 apply the amendments made to s. 921.1402 which are effective on 48 July 1, 2020, only as provided in this section, to juvenile 49 offenders convicted of a capital offense and sentenced under s. 50 775.082(1)(b)1. who have been ineligible for sentence review 51 hearings because of a previous conviction of an offense 52 enumerated in s. 921.1402(2)(a) thereby providing such juvenile 53 offenders with an opportunity for consideration by a court and 54 an opportunity for release if deemed appropriate under law. 55 (2) A juvenile offender, as defined in s. 921.1402, who was 56 convicted for a capital offense and sentenced under s. 57 775.082(1)(b)1., and who was ineligible for a sentence review 58 hearing pursuant to s. 921.1402(2)(a)2.-10. as it existed before 59 July 1, 2020, is entitled to a review of his or her sentence 60 after 25 years or, if on July 1, 2020, 25 years have already 61 passed since the sentencing, immediately. 62 Section 5. Section 921.1403, Florida Statutes, is created 63 to read: 64 921.1403 Review of sentences for persons convicted of 65 specified offenses committed while under 25 years of age.— 66 (1) As used in this section, the term “young adult 67 offender” means a person who committed an offense before he or 68 she reached 25 years of age and for which he or she is sentenced 69 to a term of years in the custody of the Department of 70 Corrections, regardless of the date of sentencing. 71 (2) A young adult offender is not entitled to a sentence 72 review under this section if he or she has previously been 73 convicted of committing, or of conspiring to commit, murder if 74 the murder offense for which the person was previously convicted 75 was part of a separate criminal transaction or episode than that 76 which resulted in the sentence under s. 775.082(3)(a)1., 2., 3., 77 4., or 6., or (b)1. 78 ================= T I T L E A M E N D M E N T ================ 79 And the title is amended as follows: 80 Delete lines 10 - 17 81 and insert: 82 921.14021, F.S.; providing legislative intent; 83 providing for retroactive application of a specified 84 provision relating to review of sentence for juvenile 85 offenders convicted of murder; providing for immediate 86 review of certain sentences; creating s. 921.1403, 87 F.S.; defining the term “young adult offender”; 88 precluding eligibility for a sentence review for young 89 adult offenders who previously committed, or conspired 90 to commit, murder