Bill Text: FL S1260 | 2019 | Regular Session | Introduced
Bill Title: Mandatory Direct File
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2019-05-03 - Died in Judiciary, companion bill(s) passed, see CS/HB 7125 (Ch. 2019-167) [S1260 Detail]
Download: Florida-2019-S1260-Introduced.html
Florida Senate - 2019 SB 1260 By Senator Wright 14-01690-19 20191260__ 1 A bill to be entitled 2 An act relating to mandatory direct file; amending s. 3 985.557, F.S.; repealing provisions requiring the 4 mandatory direct filing of charges in adult court 5 against juveniles in certain circumstances; amending 6 s. 985.565, F.S.; conforming provisions to changes 7 made by the act; providing an effective date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11 Section 1. Subsection (2) of section 985.557, Florida 12 Statutes, is amended to read: 13 985.557 Direct filing of an information; discretionaryand14mandatorycriteria.— 15(2)MANDATORY DIRECT FILE.—16(a)With respect to any child who was 16 or 17 years of age17at the time the alleged offense was committed, the state18attorney shall file an information if the child has been19previously adjudicated delinquent for an act classified as a20felony, which adjudication was for the commission of, attempt to21commit, or conspiracy to commit murder, sexual battery, armed or22strong-armed robbery, carjacking, home-invasion robbery,23aggravated battery, or aggravated assault, and the child is24currently charged with a second or subsequent violent crime25against a person.26(b)With respect to any child 16 or 17 years of age at the27time an offense classified as a forcible felony, as defined in28s. 776.08, was committed, the state attorney shall file an29information if the child has previously been adjudicated30delinquent or had adjudication withheld for three acts31classified as felonies each of which occurred at least 45 days32apart from each other. This paragraph does not apply when the33state attorney has good cause to believe that exceptional34circumstances exist which preclude the just prosecution of the35juvenile in adult court.36(c)The state attorney must file an information if a child,37regardless of the child’s age at the time the alleged offense38was committed, is alleged to have committed an act that would be39a violation of law if the child were an adult, that involves40stealing a motor vehicle, including, but not limited to, a41violation of s. 812.133, relating to carjacking, or s.42812.014(2)(c)6., relating to grand theft of a motor vehicle, and43while the child was in possession of the stolen motor vehicle44the child caused serious bodily injury to or the death of a45person who was not involved in the underlying offense. For46purposes of this section, the driver and all willing passengers47in the stolen motor vehicle at the time such serious bodily48injury or death is inflicted shall also be subject to mandatory49transfer to adult court. “Stolen motor vehicle,” for the50purposes of this section, means a motor vehicle that has been51the subject of any criminal wrongful taking. For purposes of52this section, “willing passengers” means all willing passengers53who have participated in the underlying offense.54(d)1.With respect to any child who was 16 or 17 years of55age at the time the alleged offense was committed, the state56attorney shall file an information if the child has been charged57with committing or attempting to commit an offense listed in s.58775.087(2)(a)1.a.-p., and, during the commission of or attempt59to commit the offense, the child:60a.Actually possessed a firearm or destructive device, as61those terms are defined in s. 790.001.62b.Discharged a firearm or destructive device, as described63in s. 775.087(2)(a)2.64c.Discharged a firearm or destructive device, as described65in s. 775.087(2)(a)3., and, as a result of the discharge, death66or great bodily harm was inflicted upon any person.672.Upon transfer, any child who is:68a.Charged under sub-subparagraph 1.a. and who has been69previously adjudicated or had adjudication withheld for a70forcible felony offense or any offense involving a firearm, or71who has been previously placed in a residential commitment72program, shall be subject to sentencing under s. 775.087(2)(a),73notwithstanding s. 985.565.74b.Charged under sub-subparagraph 1.b. or sub-subparagraph751.c., shall be subject to sentencing under s. 775.087(2)(a),76notwithstanding s. 985.565.773.Upon transfer, any child who is charged under this78paragraph, but who does not meet the requirements specified in79subparagraph 2., shall be sentenced under s. 985.565; however,80if the court imposes a juvenile sanction, the court must commit81the child to a high-risk or maximum-risk juvenile facility.824.This paragraph shall not apply if the state attorney has83good cause to believe that exceptional circumstances exist that84preclude the just prosecution of the child in adult court.855.The Department of Corrections shall make every86reasonable effort to ensure that any child 16 or 17 years of age87who is convicted and sentenced under this paragraph be88completely separated such that there is no physical contact with89adult offenders in the facility, to the extent that it is90consistent with chapter 958.91 Section 2. Paragraphs (a) and (b) of subsection (4) of 92 section 985.565, Florida Statutes, are amended to read: 93 985.565 Sentencing powers; procedures; alternatives for 94 juveniles prosecuted as adults.— 95 (4) SENTENCING ALTERNATIVES.— 96 (a) Adult sanctions.— 97 1. Cases prosecuted on indictment.—If the child is found to 98 have committed the offense punishable by death or life 99 imprisonment, the child shall be sentenced as an adult. If the 100 juvenile is not found to have committed the indictable offense 101 but is found to have committed a lesser included offense or any 102 other offense for which he or she was indicted as a part of the 103 criminal episode, the court may sentence as follows: 104 a. As an adult; 105 b. Under chapter 958; or 106 c. As a juvenile under this section. 107 2. Other cases.—If a child who has been transferred for 108 criminal prosecution pursuant to information or waiver of 109 juvenile court jurisdiction is found to have committed a 110 violation of state law or a lesser included offense for which he 111 or she was charged as a part of the criminal episode, the court 112 may sentence as follows: 113 a. As an adult; 114 b. Under chapter 958; or 115 c. As a juvenile under this section. 116 3. Notwithstanding any other provision to the contrary, if 117 the state attorney is required to file a motion to transfer and 118 certify the juvenile for prosecution as an adult under s. 119 985.556(3) and that motion is granted, or if the state attorney120is required to file an information under s. 985.557(2)(a) or121(b), the court must impose adult sanctions. 122 4. Any sentence imposing adult sanctions is presumed 123 appropriate, and the court is not required to set forth specific 124 findings or enumerate the criteria in this subsection as any 125 basis for its decision to impose adult sanctions. 126 5. When a child has been transferred for criminal 127 prosecution as an adult and has been found to have committed a 128 violation of state law, the disposition of the case may include 129 the enforcement of any restitution ordered in any juvenile 130 proceeding. 131 (b) Juvenile sanctions.—For juveniles transferred to adult 132 court but who do not qualify for such transfer under s. 133 985.556(3)or s. 985.557(2)(a) or (b), the court may impose 134 juvenile sanctions under this paragraph. If juvenile sentences 135 are imposed, the court shall, under this paragraph, adjudge the 136 child to have committed a delinquent act. Adjudication of 137 delinquency shall not be deemed a conviction, nor shall it 138 operate to impose any of the civil disabilities ordinarily 139 resulting from a conviction. The court shall impose an adult 140 sanction or a juvenile sanction and may not sentence the child 141 to a combination of adult and juvenile punishments. An adult 142 sanction or a juvenile sanction may include enforcement of an 143 order of restitution or probation previously ordered in any 144 juvenile proceeding. However, if the court imposes a juvenile 145 sanction and the department determines that the sanction is 146 unsuitable for the child, the department shall return custody of 147 the child to the sentencing court for further proceedings, 148 including the imposition of adult sanctions. Upon adjudicating a 149 child delinquent under subsection (1), the court may: 150 1. Place the child in a probation program under the 151 supervision of the department for an indeterminate period of 152 time until the child reaches the age of 19 years or sooner if 153 discharged by order of the court. 154 2. Commit the child to the department for treatment in an 155 appropriate program for children for an indeterminate period of 156 time until the child is 21 or sooner if discharged by the 157 department. The department shall notify the court of its intent 158 to discharge no later than 14 days prior to discharge. Failure 159 of the court to timely respond to the department’s notice shall 160 be considered approval for discharge. 161 3. Order disposition under ss. 985.435, 985.437, 985.439, 162 985.441, 985.45, and 985.455 as an alternative to youthful 163 offender or adult sentencing if the court determines not to 164 impose youthful offender or adult sanctions. 165 166 It is the intent of the Legislature that the criteria and 167 guidelines in this subsection are mandatory and that a 168 determination of disposition under this subsection is subject to 169 the right of the child to appellate review under s. 985.534. 170 Section 3. This act shall take effect July 1, 2019.