September 22, 2019
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_h1877__
HB 1877

1
A bill to be entitled
2An act relating to sexual predators and sexual offenders;
3providing a popular name; amending s. 775.21, F.S.;
4revising criteria for sexual predator designation,
5extending period for petition to remove sexual predator
6designation; creating s. 775.235, F.S.; prohibiting the
7harboring of a sexual predator or sexual offender;
8providing criminal penalties; amending s. 921.141, F.S.;
9creating an aggravating circumstance pertaining to sexual
10predators for purposes of imposing the death penalty;
11amending s. 947.1405, F.S.; requiring sexual offenders and
12sexual predators on conditional release to be placed on
13electronic monitoring; creating s. 947.1406, F.S.;
14providing requirements for electronic monitoring of sexual
15offenders and sexual predators on conditional release;
16amending s. 948.30, F.S.; requiring sexual offenders and
17sexual predators on community control or probation to be
18placed on electronic monitoring; amending s. 948.11, F.S.;
19providing requirements for electronic monitoring of sexual
20offenders and sexual predators on community control or
21probation; providing an effective date.
22
23Be It Enacted by the Legislature of the State of Florida:
24
25     Section 1.  This act may be cited as the "Jessica Lunsford
26Act."
27     Section 2.  Paragraph (b) of subsection (4) and paragraph
28(l) of subsection (6) of section 775.21, Florida Statutes, are
29amended to read:
30     775.21  The Florida Sexual Predators Act.--
31     (4)  SEXUAL PREDATOR CRITERIA.--
32     (b)  In order to be counted as a prior felony for purposes
33of this subsection, the felony must have resulted in a
34conviction sentenced separately, or an adjudication of
35delinquency for an offense committed entered separately, prior
36to the current offense and sentenced or adjudicated separately
37from any other felony conviction that is to be counted as a
38prior felony. If the offender's prior enumerated felony was
39committed more than 10 years before the primary offense, it
40shall not be considered a prior felony under this subsection if
41the offender has not been convicted of any other crime for a
42period of 10 consecutive years from the most recent date of
43release from confinement, supervision, or sanction, whichever is
44later.
45     (6)  REGISTRATION.--
46     (l)  A sexual predator must maintain registration with the
47department for the duration of his or her life, unless the
48sexual predator has received a full pardon or has had a
49conviction set aside in a postconviction proceeding for any
50offense that met the criteria for the sexual predator
51designation. However, a sexual predator who was designated as a
52sexual predator by a court before October 1, 1998, and who has
53been lawfully released from confinement, supervision, or
54sanction, whichever is later, for at least 10 years and has not
55been arrested for any felony or misdemeanor offense since
56release, may petition the criminal division of the circuit court
57in the circuit in which the sexual predator resides for the
58purpose of removing the sexual predator designation. A sexual
59predator who was designated a sexual predator by a court on or
60after October 1, 1998, who has been lawfully released from
61confinement, supervision, or sanction, whichever is later, for
62at least 20 years, and who has not been arrested for any felony
63or misdemeanor offense since release may petition the criminal
64division of the circuit court in the circuit in which the sexual
65predator resides for the purpose of removing the sexual predator
66designation. A sexual predator who was designated a sexual
67predator by a court on or after October 1, 2005, who has been
68lawfully released from confinement, supervision, or sanction,
69whichever is later, for at least 30 years and who has not been
70arrested for any felony or misdemeanor offense since release may
71petition the criminal division of the circuit court in the
72circuit in which the sexual predator resides for the purpose of
73removing the sexual predator designation. The court may grant or
74deny such relief if the petitioner demonstrates to the court
75that he or she has not been arrested for any crime since
76release, the requested relief complies with the provisions of
77the federal Jacob Wetterling Act, as amended, and any other
78federal standards applicable to the removal of the designation
79as a sexual predator or required to be met as a condition for
80the receipt of federal funds by the state, and the court is
81otherwise satisfied that the petitioner is not a current or
82potential threat to public safety. The state attorney in the
83circuit in which the petition is filed must be given notice of
84the petition at least 3 weeks before the hearing on the matter.
85The state attorney may present evidence in opposition to the
86requested relief or may otherwise demonstrate the reasons why
87the petition should be denied. If the court denies the petition,
88the court may set a future date at which the sexual predator may
89again petition the court for relief, subject to the standards
90for relief provided in this paragraph. Unless specified in the
91order, a sexual predator who is granted relief under this
92paragraph must comply with the requirements for registration as
93a sexual offender and other requirements provided under s.
94943.0435 or s. 944.607. If a petitioner obtains an order from
95the court that imposed the order designating the petitioner as a
96sexual predator which removes such designation, the petitioner
97shall forward a certified copy of the written findings or order
98to the department in order to have the sexual predator
99designation removed from the sexual predator registry.
100
101The sheriff shall promptly provide to the department the
102information received from the sexual predator.
103     Section 3.  Section 775.235, Florida Statutes, is created
104to read:
105     775.235  Harboring sexual predator or sexual offender.--Any
106person who permits a sexual predator or sexual offender to
107reside with that person knowing that the sexual predator or
108sexual offender has failed to comply with requirements of s.
109775.21, s. 943.0435, or s. 944.607 commits a felony of the third
110degree, punishable as provided in s. 775.082 or s. 775.083.
111     Section 4.  Paragraph (o) is added to subsection (5) of
112section 921.141, Florida Statutes, to read:
113     921.141  Sentence of death or life imprisonment for capital
114felonies; further proceedings to determine sentence.--
115     (5)  AGGRAVATING CIRCUMSTANCES.--Aggravating circumstances
116shall be limited to the following:
117     (o)  The capital felony was committed by a person
118designated a sexual predator pursuant to s. 775.21 or a person
119previously designated a sexual predator whose sexual predator
120designation had been removed.
121     Section 5.  Paragraph (b) of subsection (7) of section
122947.1405, Florida Statutes, is amended, subsection (9) is
123renumbered as subsection (10), and a new subsection (9) is added
124to said section, to read:
125     947.1405  Conditional release program.--
126     (7)
127     (b)  For a releasee whose crime was committed on or after
128October 1, 1997, in violation of chapter 794, s. 800.04, s.
129827.071, or s. 847.0145, and who is subject to conditional
130release supervision, in addition to any other provision of this
131section subsection, the commission shall impose the following
132additional conditions of conditional release supervision:
133     1.  As part of a treatment program, participation in a
134minimum of one annual polygraph examination to obtain
135information necessary for risk management and treatment and to
136reduce the sex offender's denial mechanisms. The polygraph
137examination must be conducted by a polygrapher trained
138specifically in the use of the polygraph for the monitoring of
139sex offenders, where available, and at the expense of the sex
140offender. The results of the polygraph examination shall not be
141used as evidence in a hearing to prove that a violation of
142supervision has occurred.
143     2.  Maintenance of a driving log and a prohibition against
144driving a motor vehicle alone without the prior approval of the
145supervising officer.
146     3.  A prohibition against obtaining or using a post office
147box without the prior approval of the supervising officer.
148     4.  If there was sexual contact, a submission to, at the
149probationer's or community controllee's expense, an HIV test
150with the results to be released to the victim or the victim's
151parent or guardian.
152     5.  Electronic monitoring of any form when ordered by the
153commission.
154     (9)  Effective for a releasee whose crime was committed on
155or after July 1, 2005, in violation of chapter 794, s. 800.04,
156s. 827.071, or s. 847.0145, or who is designated a sexual
157predator pursuant to s. 775.21, in addition to any other
158provision of this section, the court shall order electronic
159monitoring as provided in s. 947.1406.
160     Section 6.  Section 947.1406, Florida Statutes, is created
161to read:
162     947.1406  Electronic monitoring for certain sex offenders
163and sexual predators.--For any conditional releasee placed on
164electronic monitoring pursuant to s. 947.1405(9), the department
165shall use a system of active electronic monitoring that
166identifies the location of a monitored offender and that can
167produce upon request reports or records of the offender's
168presence near or within a crime scene or prohibited area or the
169offender's departure from specified geographic limitations.
170     Section 7.  Subsection (2) of section 948.30, Florida
171Statutes, is amended, and subsection (3) is added to said
172section, to read:
173     948.30  Additional terms and conditions of probation or
174community control for certain sex offenses.--Conditions imposed
175pursuant to this section do not require oral pronouncement at
176the time of sentencing and shall be considered standard
177conditions of probation or community control for offenders
178specified in this section.
179     (2)  Effective for a probationer or community controllee
180whose crime was committed on or after October 1, 1997, and who
181is placed on sex offender probation for a violation of chapter
182794, s. 800.04, s. 827.071, or s. 847.0145, in addition to any
183other provision of this section subsection, the court must
184impose the following conditions of probation or community
185control:
186     (a)  As part of a treatment program, participation at least
187annually in polygraph examinations to obtain information
188necessary for risk management and treatment and to reduce the
189sex offender's denial mechanisms. A polygraph examination must
190be conducted by a polygrapher trained specifically in the use of
191the polygraph for the monitoring of sex offenders, where
192available, and shall be paid for by the sex offender. The
193results of the polygraph examination shall not be used as
194evidence in court to prove that a violation of community
195supervision has occurred.
196     (b)  Maintenance of a driving log and a prohibition against
197driving a motor vehicle alone without the prior approval of the
198supervising officer.
199     (c)  A prohibition against obtaining or using a post office
200box without the prior approval of the supervising officer.
201     (d)  If there was sexual contact, a submission to, at the
202probationer's or community controllee's expense, an HIV test
203with the results to be released to the victim or the victim's
204parent or guardian.
205     (e)  Electronic monitoring when deemed necessary by the
206community control or probation officer and his or her
207supervisor, and ordered by the court at the recommendation of
208the Department of Corrections.
209     (3)  Effective for a probationer or community controllee
210whose crime was committed on or after July 1, 2005, and who is
211placed on sex offender probation for a violation of chapter 794,
212s. 800.04, s. 827.071, or s. 847.0145, or who is designated a
213sexual predator pursuant to s. 775.21, in addition to any other
214provision of this section, the court shall order electronic
215monitoring as provided in s. 948.11(6).
216     Section 8.  Subsection (6) is added to section 948.11,
217Florida Statutes, to read:
218     948.11  Electronic monitoring devices.--
219     (6)  For any probationer or community controllee placed on
220electronic monitoring pursuant to s. 948.30(3), the Department
221of Corrections shall use a system of active electronic
222monitoring that identifies the location of a monitored offender
223and that can produce, upon request, reports or records of the
224offender's presence near or within a crime scene or prohibited
225area or the offender's departure from specified geographic
226limitations.
227     Section 9.  This act shall take effect July 1, 2005.


CODING: Words stricken are deletions; words underlined are additions.
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