Bill Text: FL S1134 | 2019 | Regular Session | Comm Sub

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Bill Title: Electronic Monitoring Devices

Spectrum: Bipartisan Bill

Status: (Failed) 2019-05-03 - Died in Rules [S1134 Detail]

Download: Florida-2019-S1134-Comm_Sub.html

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       Florida Senate - 2019                             CS for SB 1134
       
       
        
       By the Committee on Criminal Justice; and Senator Simmons
       
       
       
       
       
       591-02889-19                                          20191134c1
    1                        A bill to be entitled                      
    2         An act relating to electronic monitoring devices;
    3         amending s. 843.23, F.S.; specifying the jurisdictions
    4         under which certain prohibited acts relating to
    5         electronic monitoring devices may be prosecuted;
    6         providing an effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Section 843.23, Florida Statutes, is amended to
   11  read:
   12         843.23 Tampering with an electronic monitoring device.—
   13         (1) As used in this section, the term “electronic
   14  monitoring device” includes any device that is used to track the
   15  location of a person.
   16         (2) It is unlawful for a person to intentionally and
   17  without authority:
   18         (a) Remove, destroy, alter, tamper with, damage, or
   19  circumvent the operation of an electronic monitoring device that
   20  must be worn or used by that person or another person pursuant
   21  to a court order or pursuant to an order by the Florida
   22  Commission on Offender Review; or
   23         (b) Request, authorize, or solicit a person to remove,
   24  destroy, alter, tamper with, damage, or circumvent the operation
   25  of an electronic monitoring device required to be worn or used
   26  pursuant to a court order or pursuant to an order by the Florida
   27  Commission on Offender Review.
   28         (3) A violation of this section may be prosecuted in:
   29         (a) The jurisdiction of the court or authority that entered
   30  the order for electronic monitoring, regardless of where the
   31  device is located as a result of any removal, destruction,
   32  tampering, or damage;
   33         (b) The jurisdiction where the electronic monitoring device
   34  was located upon the discovery of its removal, destruction,
   35  tampering, or damage; or
   36         (c) The jurisdiction where the actual removal or
   37  destruction of, tampering with, or damage to, the electronic
   38  monitoring device occurred.
   39         (4)(3) A person who violates this section commits a felony
   40  of the third degree, punishable as provided in s. 775.082, s.
   41  775.083, or s. 775.084.
   42         Section 2. This act shall take effect October 1, 2019.