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Senate Bill 0118

Senate Bill sb0118

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                   SB 118

    By Senator Fasano





    11-121-04

  1                      A bill to be entitled

  2         An act relating to plea agreements; amending s.

  3         921.143, F.S.; prohibiting the court from

  4         accepting a plea agreement that prohibits a law

  5         enforcement officer from appearing at a parole

  6         hearing or clemency hearing; prohibiting a plea

  7         agreement that prohibits a law enforcement

  8         officer who was a victim in the offense from

  9         appearing or providing a statement at the

10         sentencing hearing; defining the term "law

11         enforcement officer" for purposes of the act;

12         specifying that the act does not impair certain

13         rights afforded by law or the State

14         Constitution; providing an effective date.

15  

16  Be It Enacted by the Legislature of the State of Florida:

17  

18         Section 1.  Section 921.143, Florida Statutes, is

19  amended to read:

20         921.143  Appearance of victim, law enforcement officer,

21  or next of kin to make statement at sentencing hearing;

22  submission of written statement.--

23         (1)  At the sentencing hearing, and prior to the

24  imposition of sentence upon any defendant who has been

25  convicted of any felony or who has pleaded guilty or nolo

26  contendere to any crime, including a criminal violation of a

27  provision of chapter 316, the sentencing court shall permit

28  the victim of the crime for which the defendant is being

29  sentenced, the victim's parent or guardian if the victim is a

30  minor, the lawful representative of the victim or of the

31  victim's parent or guardian if the victim is a minor, or the

                                  1

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






    Florida Senate - 2004                                   SB 118
    11-121-04




 1  next of kin of the victim if the victim has died from causes

 2  related to the crime, to:

 3         (a)  Appear before the sentencing court for the purpose

 4  of making a statement under oath for the record; and

 5         (b)  Submit a written statement under oath to the

 6  office of the state attorney, which statement shall be filed

 7  with the sentencing court.

 8         (2)  The state attorney or any assistant state attorney

 9  shall advise all victims or, when appropriate, the victim's

10  parent, guardian, next of kin, or lawful representative that

11  statements, whether oral or written, shall relate to the facts

12  of the case and the extent of any harm, including social,

13  psychological, or physical harm, financial losses, loss of

14  earnings directly or indirectly resulting from the crime for

15  which the defendant is being sentenced, and any matter

16  relevant to an appropriate disposition and sentence.

17         (3)  The court may not accept a plea agreement that

18  prohibits a law enforcement officer from appearing or speaking

19  at a parole hearing or clemency hearing.

20         (a)  In any case in which the victim is a law

21  enforcement officer, a plea agreement may not prohibit the

22  officer or an authorized representative of the officer's

23  employing agency from appearing or providing a statement at

24  the sentencing hearing. As used in this subsection, the term

25  "law enforcement officer" has the meaning ascribed in s.

26  943.10.

27         (b)  This subsection does not impair any right afforded

28  under chapter 960 or under s. 16(b), Art. I of the State

29  Constitution.

30         (4)(3)  The court may refuse to accept a negotiated

31  plea and order the defendant to stand trial.

                                  2

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






    Florida Senate - 2004                                   SB 118
    11-121-04




 1         Section 2.  This act shall take effect July 1, 2004.

 2  

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 4                          SENATE SUMMARY

 5    Provides that the court may not accept a plea agreement
      that prohibits a law enforcement officer from appearing
 6    at certain hearings. Provides that a plea agreement may
      not prohibit the law enforcement officer who was a victim
 7    in the case from appearing or providing a statement at
      the sentencing hearing.
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CODING: Words stricken are deletions; words underlined are additions.

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