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Senate Bill 0118

Senate Bill sb0118c1

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

    By the Committee on Governmental Oversight and Productivity;
    and Senators Fasano, Lynn, Argenziano and Margolis




    302-2067-04

  1                      A bill to be entitled

  2         An act relating to plea agreements; amending s.

  3         921.143, F.S.; providing a popular name;

  4         prohibiting the court from accepting a plea

  5         agreement that prohibits a law enforcement,

  6         correctional, or correctional probation officer

  7         from appearing at a parole hearing or clemency

  8         hearing; prohibiting a plea agreement that

  9         prohibits a law enforcement, correctional, or

10         correctional probation officer who was a victim

11         in the offense from appearing or providing a

12         statement at the sentencing hearing; defining

13         terms for purposes of the act; specifying that

14         the act does not impair certain rights afforded

15         by law or the State Constitution; providing an

16         effective date.

17  

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

19  

20         Section 1.  Section 921.143, Florida Statutes, is

21  amended to read:

22         921.143  Appearance of victim, or next of kin, or law

23  enforcement, correctional, or correctional probation officer

24  to make statement at sentencing hearing; submission of written

25  statement.--

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

27  imposition of sentence upon any defendant who has been

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

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

30  provision of chapter 316, the sentencing court shall permit

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

                                  1

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    Florida Senate - 2004                            CS for SB 118
    302-2067-04




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

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

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

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

 5  related to the crime, to:

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

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

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

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

10  with the sentencing court.

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

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

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

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

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

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

17  earnings directly or indirectly resulting from the crime for

18  which the defendant is being sentenced, and any matter

19  relevant to an appropriate disposition and sentence.

20         (3)(a)  This subsection shall be known by the popular

21  name the "Officer Cheryl Seiden Act."

22         (b)  The court may not accept a plea agreement that

23  prohibits a law enforcement officer, correctional officer, or

24  correctional probation officer from appearing or speaking at a

25  parole hearing or clemency hearing.

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

27  enforcement officer, correctional officer, or correctional

28  probation officer, a plea agreement may not prohibit the

29  officer or an authorized representative of the officer's

30  employing agency from appearing or providing a statement at

31  the sentencing hearing.

                                  2

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    Florida Senate - 2004                            CS for SB 118
    302-2067-04




 1         (d)  As used in this subsection, the terms "law

 2  enforcement officer," "correctional officer," "correctional

 3  probation officer," and "employing agency" have the meanings

 4  ascribed in s. 943.10.

 5         (e)  This subsection does not impair any right afforded

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

 7  Constitution.

 8         (4)(3)  The court may refuse to accept a negotiated

 9  plea and order the defendant to stand trial.

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

11  

12          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
13                         Senate Bill 118

14                                 

15  Provides that the popular name of the bill is "Officer Cheryl
    Seiden Act." Adds that the bill's plea agreement prohibitions
16  also apply to correctional and correctional probation
    officers.
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                                  3

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

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