Bill Text: FL S1230 | 2018 | Regular Session | Comm Sub
Bill Title: Criminal Judgments
Spectrum: Bipartisan Bill
Status: (Failed) 2018-03-10 - Died in Rules [S1230 Detail]
Download: Florida-2018-S1230-Comm_Sub.html
Florida Senate - 2018 CS for SB 1230 By the Committee on Criminal Justice; and Senator Baxley 591-02890A-18 20181230c1 1 A bill to be entitled 2 An act relating to criminal judgments; amending s. 3 812.014, F.S.; requiring that judgments of guilty or 4 not guilty of petit theft be in a written record or an 5 electronic record with the judge’s electronic 6 signature, recorded by the clerk of the circuit court; 7 conforming provisions to changes made by the act; 8 amending s. 921.241, F.S.; defining terms; requiring 9 that judgments of guilty or not guilty of a felony be 10 in a written record or an electronic record with the 11 judge’s electronic signature, recorded by the clerk of 12 the circuit court; requiring that for an electronic 13 judgment of guilty, the fingerprints of a defendant be 14 electronically captured and a certain certification be 15 included; requiring the judge to place his or her 16 electronic signature on the certificate; conforming 17 provisions to changes made by the act; amending s. 18 921.242, F.S.; requiring that specified judgments of 19 guilty be in a written record or an electronic record 20 with the judge’s electronic signature, recorded by the 21 clerk of the circuit court; conforming provisions to 22 changes made by the act; reenacting s. 775.084(3)(a), 23 (b), and (c), F.S., relating to fingerprinting a 24 defendant for the purpose of identification, to 25 incorporate the amendment made to s. 921.241, F.S., in 26 references thereto; providing an effective date. 27 28 Be It Enacted by the Legislature of the State of Florida: 29 30 Section 1. Paragraph (d) of subsection (3) of section 31 812.014, Florida Statutes, is amended to read: 32 812.014 Theft.— 33 (3) 34 (d)1. AEveryjudgment of guilty or not guilty of a petit 35 theft shall be in: 36 a. A written record that iswriting,signed by the judge,37 and recorded by the clerk of the circuit court; or 38 b. An electronic record that contains the judge’s 39 electronic signature, as defined in s. 933.40, and is recorded 40 by the clerk of the circuit court. 41 2. At the time a defendant is found guilty of petit theft, 42 the judge shall cause the following to occurto be affixed to43every such written judgment of guilty of petit theft,in open 44 court and in the presence of such judge:,45 a. For a written judgment of guilty, the fingerprints of 46 the defendant against whom such judgment is rendered shall be 47 manually taken. Such fingerprints shall be affixed beneath the 48 judge’s signature on theto suchjudgment. Beneath such 49 fingerprints shall be appended a certificate to the following 50 effect: 51 52 “I hereby certify that the above and foregoing fingerprints 53 on this judgment are the fingerprints of the defendant, ...., 54 and that they were placed thereon by said defendant in my 55 presence, in open court, this the .... day of ...., 56 ...(year)....” 57 58 Such certificate shall be signed by the judge, whose signature 59 thereto shall be followed by the word “Judge.” 60 b. For an electronic judgment of guilty, s. 921.241(3)(b) 61 applies. 62 3.2.AAny suchwritten or an electronic judgment of guilty 63 of a petit theft, or a certified copy thereof, is admissible in 64 evidence in the courts of this state as provided in s. 65 921.241(4)prima facie evidence that the fingerprints appearing66thereon and certified by the judge are the fingerprints of the67defendant against whom such judgment of guilty of a petit theft68was rendered. 69 Section 2. Section 921.241, Florida Statutes, is amended to 70 read: 71 921.241 Felony judgments; fingerprints and social security 72 number required in record.— 73 (1) As used in this section, the term: 74 (a) “Electronic signature” has the same meaning as in s. 75 933.40. 76 (b) “Transaction control number” means the unique 77 identifier comprised of numbers, letters, or other symbols for a 78 digital fingerprint record which is generated by the device used 79 to electronically capture the fingerprintsAt the time a80defendant is found guilty of a felony, the judge shall cause the81defendant’s fingerprints to be taken. 82 (2) AEveryjudgment of guilty or not guilty of a felony 83 shall be in: 84 (a) A written record that iswriting,signed by the judge,85 and recorded by the clerk of the court; or 86 (b) An electronic record that contains the judge’s 87 electronic signature and is recorded by the clerk of the court. 88 (3) At the time a defendant is found guilty of a felony, 89 the judge shall cause the following to occurto be affixed to90every written judgment of guilty of a felony,in open court and,91 in the presence of such judge: 92 (a) For a written judgment of guilty,and at the time the93judgment is rendered,the fingerprints of the defendant shall be 94 manually taken andagainst whom such judgment is rendered. Such95fingerprints shall beaffixed beneath the judge’s signature on 96 thetosuchjudgment. Beneath such fingerprints shall be 97 appended a certificate to the following effect: 98 99 “I hereby certify that the above and foregoing fingerprints 100 on this judgment are the fingerprints of the defendant, ...., 101 and that they were placed thereon by said defendant in my 102 presence, in open court, this the .... day of ...., 103 ...(year)....” 104 105 Such certificate shall be signed by the judge, whose signature 106 thereto shall be followed by the word “Judge.” 107 (b) For an electronic judgment of guilty, the fingerprints 108 of the defendant shall be electronically captured and the 109 following certificate shall be included in the electronic 110 judgment: 111 112 “I hereby certify that the digital fingerprints record 113 associated with Transaction Control Number .... contains the 114 fingerprints of the defendant, ...., which were electronically 115 captured from the defendant in my presence, in open court, this 116 the .... day of ...., ...(year)....” 117 118 The judge shall place his or her electronic signature, which 119 shall be followed by the word “Judge,” on the certificate. 120 (4)(3)A written or electronicAny such writtenjudgment of 121 guiltyof a felony, or a certified copy thereof, shall be 122 admissible in evidence in the several courts of this state as 123 prima facie evidence that the: 124 (a) Manual fingerprints appearing thereon and certified by 125 the judge as aforesaid are the fingerprints of the defendant 126 against whom thesuchjudgment of guiltyof a felonywas 127 rendered. 128 (b) Digital fingerprint record associated with the 129 transaction control number specified in the judge’s certificate 130 contains the fingerprints of the defendant against whom the 131 judgment of guilty was rendered. 132 (5)(4)At the time the defendant’s fingerprints are 133 manually taken or electronically captured, the judge shall also 134 cause the defendant’s social security number to be taken. The 135 defendant’s social security number shall be specified in each 136affixed to everywritten or electronic judgment of guilty of a 137 felony, in open court, in the presence of such judge, and at the 138 time the judgment is rendered. If the defendant is unable or 139 unwilling to provide his or her social security number, the 140 reason for its absence shall be specified inindicated onthe 141 written or electronic judgment. 142 Section 3. Section 921.242, Florida Statutes, is amended to 143 read: 144 921.242 Subsequent offenses under chapter 796; method of 145 proof applicable.— 146 (1) AEveryjudgment of guilty with respect to any offense 147 governed by the provisions of chapter 796 shall be in: 148 (a) A written record that iswriting,signed by the judge,149 and recorded by the clerk of the circuit court; or 150 (b) An electronic record that contains the judge’s 151 electronic signature, as defined in s. 933.40, and is recorded 152 by the clerk of the circuit court. 153 (2) At the time a defendant is found guilty, the judge 154 shall cause the following to occurto be affixed to every such155written judgment of guilty,in open court and in the presence of 156 such judge: 157 (a) For a written judgment of guilty, the fingerprints of 158 the defendant against whom such judgment is rendered shall be 159 manually taken. Such fingerprints shall be affixed beneath the 160 judge’s signature on theto any suchjudgment. Beneath such 161 fingerprints shall be appended a certificate to the following 162 effect: 163 164 “I hereby certify that the above and foregoing fingerprints 165 are of the defendant, ...(name)..., and that they were placed 166 thereon by said defendant in my presence, in open court, this 167 the .... day of ...., ...(year)....” 168 169 Such certificate shall be signed by the judge, whose signature 170 thereto shall be followed by the word “Judge.” 171 (b) For an electronic judgment of guilty, s. 921.241(3)(b) 172 applies. 173 (2) AAny suchwritten or an electronic judgment of guilty, 174 or a certified copy thereof, shall be admissible in evidence in 175 the several courts of this state as provided in s. 921.241(4) 176prima facie evidence that the fingerprints appearing thereon and177certified by the judge as aforesaid are the fingerprints of the178defendant against whom such judgment of guilty was rendered. 179 Section 4. For the purpose of incorporating the amendment 180 made by this act to section 921.241, Florida Statutes, in a 181 reference thereto, paragraphs (a), (b), and (c) of subsection 182 (3) of section 775.084, Florida Statutes, are reenacted to read: 183 775.084 Violent career criminals; habitual felony offenders 184 and habitual violent felony offenders; three-time violent felony 185 offenders; definitions; procedure; enhanced penalties or 186 mandatory minimum prison terms.— 187 (3)(a) In a separate proceeding, the court shall determine 188 if the defendant is a habitual felony offender or a habitual 189 violent felony offender. The procedure shall be as follows: 190 1. The court shall obtain and consider a presentence 191 investigation prior to the imposition of a sentence as a 192 habitual felony offender or a habitual violent felony offender. 193 2. Written notice shall be served on the defendant and the 194 defendant’s attorney a sufficient time prior to the entry of a 195 plea or prior to the imposition of sentence in order to allow 196 the preparation of a submission on behalf of the defendant. 197 3. Except as provided in subparagraph 1., all evidence 198 presented shall be presented in open court with full rights of 199 confrontation, cross-examination, and representation by counsel. 200 4. Each of the findings required as the basis for such 201 sentence shall be found to exist by a preponderance of the 202 evidence and shall be appealable to the extent normally 203 applicable to similar findings. 204 5. For the purpose of identification of a habitual felony 205 offender or a habitual violent felony offender, the court shall 206 fingerprint the defendant pursuant to s. 921.241. 207 6. For an offense committed on or after October 1, 1995, if 208 the state attorney pursues a habitual felony offender sanction 209 or a habitual violent felony offender sanction against the 210 defendant and the court, in a separate proceeding pursuant to 211 this paragraph, determines that the defendant meets the criteria 212 under subsection (1) for imposing such sanction, the court must 213 sentence the defendant as a habitual felony offender or a 214 habitual violent felony offender, subject to imprisonment 215 pursuant to this section unless the court finds that such 216 sentence is not necessary for the protection of the public. If 217 the court finds that it is not necessary for the protection of 218 the public to sentence the defendant as a habitual felony 219 offender or a habitual violent felony offender, the court shall 220 provide written reasons; a written transcript of orally stated 221 reasons is permissible, if filed by the court within 7 days 222 after the date of sentencing. Each month, the court shall submit 223 to the Office of Economic and Demographic Research of the 224 Legislature the written reasons or transcripts in each case in 225 which the court determines not to sentence a defendant as a 226 habitual felony offender or a habitual violent felony offender 227 as provided in this subparagraph. 228 (b) In a separate proceeding, the court shall determine if 229 the defendant is a three-time violent felony offender. The 230 procedure shall be as follows: 231 1. The court shall obtain and consider a presentence 232 investigation prior to the imposition of a sentence as a three 233 time violent felony offender. 234 2. Written notice shall be served on the defendant and the 235 defendant’s attorney a sufficient time prior to the entry of a 236 plea or prior to the imposition of sentence in order to allow 237 the preparation of a submission on behalf of the defendant. 238 3. Except as provided in subparagraph 1., all evidence 239 presented shall be presented in open court with full rights of 240 confrontation, cross-examination, and representation by counsel. 241 4. Each of the findings required as the basis for such 242 sentence shall be found to exist by a preponderance of the 243 evidence and shall be appealable to the extent normally 244 applicable to similar findings. 245 5. For the purpose of identification of a three-time 246 violent felony offender, the court shall fingerprint the 247 defendant pursuant to s. 921.241. 248 6. For an offense committed on or after the effective date 249 of this act, if the state attorney pursues a three-time violent 250 felony offender sanction against the defendant and the court, in 251 a separate proceeding pursuant to this paragraph, determines 252 that the defendant meets the criteria under subsection (1) for 253 imposing such sanction, the court must sentence the defendant as 254 a three-time violent felony offender, subject to imprisonment 255 pursuant to this section as provided in paragraph (4)(c). 256 (c) In a separate proceeding, the court shall determine 257 whether the defendant is a violent career criminal with respect 258 to a primary offense committed on or after October 1, 1995. The 259 procedure shall be as follows: 260 1. Written notice shall be served on the defendant and the 261 defendant’s attorney a sufficient time prior to the entry of a 262 plea or prior to the imposition of sentence in order to allow 263 the preparation of a submission on behalf of the defendant. 264 2. All evidence presented shall be presented in open court 265 with full rights of confrontation, cross-examination, and 266 representation by counsel. 267 3. Each of the findings required as the basis for such 268 sentence shall be found to exist by a preponderance of the 269 evidence and shall be appealable only as provided in paragraph 270 (d). 271 4. For the purpose of identification, the court shall 272 fingerprint the defendant pursuant to s. 921.241. 273 5. For an offense committed on or after October 1, 1995, if 274 the state attorney pursues a violent career criminal sanction 275 against the defendant and the court, in a separate proceeding 276 pursuant to this paragraph, determines that the defendant meets 277 the criteria under subsection (1) for imposing such sanction, 278 the court must sentence the defendant as a violent career 279 criminal, subject to imprisonment pursuant to this section 280 unless the court finds that such sentence is not necessary for 281 the protection of the public. If the court finds that it is not 282 necessary for the protection of the public to sentence the 283 defendant as a violent career criminal, the court shall provide 284 written reasons; a written transcript of orally stated reasons 285 is permissible, if filed by the court within 7 days after the 286 date of sentencing. Each month, the court shall submit to the 287 Office of Economic and Demographic Research of the Legislature 288 the written reasons or transcripts in each case in which the 289 court determines not to sentence a defendant as a violent career 290 criminal as provided in this subparagraph. 291 Section 5. This act shall take effect July 1, 2018.