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Senate Bill 1346

Senate Bill sb1346

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 1346

    By Senator Campbell





    32-944-04

  1                      A bill to be entitled

  2         An act relating to the sentencing of minors;

  3         amending ss. 985.225 and 985.233, F.S.;

  4         limiting the age at which a minor convicted of

  5         an offense punishable by death or life

  6         imprisonment may be sentenced as an adult;

  7         amending ss. 985.226 and 985.227, F.S.;

  8         revising requirements for the state attorney

  9         with respect to prosecuting a minor as an adult

10         for certain violent felonies and for an offense

11         punishable by death or life imprisonment;

12         creating s. 985.2335, F.S.; requiring that the

13         court commit a child of a specified age or

14         younger to the Department of Juvenile Justice

15         or to a maximum-risk juvenile facility

16         following the child's conviction of an offense

17         that, if committed by an adult, would be

18         punishable by death or life imprisonment;

19         requiring the court to conduct a hearing after

20         the child has reached a specified age to

21         determine whether the child is rehabilitated;

22         providing for the child to be placed on

23         conditional release or sentenced to life

24         imprisonment with eligibility for parole as an

25         adult offender; providing an effective date.

26  

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

28  

29         Section 1.  Section 985.225, Florida Statutes, is

30  amended to read:

31  

                                  1

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    Florida Senate - 2004                                  SB 1346
    32-944-04




 1         985.225  Indictment of a child 17 years of age

 2  juvenile.--

 3         (1)  A child who is 17 years of age at the time of the

 4  offense and of any age who is charged with a violation of

 5  state law punishable by death or by life imprisonment is

 6  subject to the jurisdiction of the court as set forth in s.

 7  985.219(8) unless and until an indictment on the charge is

 8  returned by the grand jury. When such indictment is returned,

 9  the petition for delinquency, if any, must be dismissed and

10  the child must be tried and handled in every respect as an

11  adult:

12         (a)  On the offense punishable by death or by life

13  imprisonment; and

14         (b)  On all other felonies or misdemeanors charged in

15  the indictment which are based on the same act or transaction

16  as the offense punishable by death or by life imprisonment or

17  on one or more acts or transactions connected with the offense

18  punishable by death or by life imprisonment.

19         (2)  An adjudicatory hearing may not be held until 21

20  days after the child is taken into custody and charged with

21  having committed an offense punishable by death or by life

22  imprisonment, unless the state attorney advises the court in

23  writing that he or she does not intend to present the case to

24  the grand jury, or has presented the case to the grand jury

25  and the grand jury has not returned an indictment. If the

26  court receives such a notice from the state attorney, or if

27  the grand jury fails to act within the 21-day period, the

28  court may proceed as otherwise authorized under this part.

29         (3)  If the child is found to have committed the

30  offense punishable by death or by life imprisonment, the child

31  shall be sentenced as an adult. If the juvenile is not found

                                  2

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    Florida Senate - 2004                                  SB 1346
    32-944-04




 1  to have committed the indictable offense but is found to have

 2  committed a lesser included offense or any other offense for

 3  which he or she was indicted as a part of the criminal

 4  episode, the court may sentence pursuant to s. 985.233.

 5         (4)(a)  Once a child has been indicted pursuant to this

 6  subsection and has been found to have committed any offense

 7  for which he or she was indicted as a part of the criminal

 8  episode, the child shall be handled thereafter in every

 9  respect as if an adult for any subsequent violation of state

10  law, unless the court imposes juvenile sanctions under s.

11  985.233.

12         (b)  When a child has been indicted pursuant to this

13  subsection the court shall immediately transfer and certify to

14  the adult circuit court all felony cases pertaining to the

15  child, for prosecution of the child as an adult, which have

16  not yet resulted in a plea of guilty or nolo contendere or in

17  which a finding of guilt has not been made. If the child is

18  acquitted of all charged offenses or lesser included offenses

19  contained in the indictment case, all felony cases that were

20  transferred to adult court pursuant to this paragraph shall be

21  subject to the same penalties such cases were subject to

22  before being transferred to adult court.

23         Section 2.  Subsection (2) of section 985.226, Florida

24  Statutes, is amended to read:

25         985.226  Criteria for waiver of juvenile court

26  jurisdiction; hearing on motion to transfer for prosecution as

27  an adult.--

28         (2)  INVOLUNTARY WAIVER.--

29         (a)  Discretionary waiver.--Except as provided in

30  paragraph (b), the state attorney may file a motion requesting

31  the court to transfer the child for criminal prosecution if

                                  3

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    Florida Senate - 2004                                  SB 1346
    32-944-04




 1  the child was 17 14 years of age or older at the time the

 2  alleged delinquent act or violation of law was committed.

 3         (b)  Mandatory waiver.--

 4         1.  If the child was 17 14 years of age or older, and

 5  if the child has been previously adjudicated delinquent for an

 6  act classified as a felony, which adjudication was for the

 7  commission of, attempt to commit, or conspiracy to commit

 8  murder, sexual battery, armed or strong-armed robbery,

 9  carjacking, home-invasion robbery, aggravated battery,

10  aggravated assault, or burglary with an assault or battery,

11  and the child is currently charged with a second or subsequent

12  violent crime against a person; or

13         2.  If the child was 17 14 years of age or older at the

14  time of commission of a fourth or subsequent alleged felony

15  offense and the child was previously adjudicated delinquent or

16  had adjudication withheld for or was found to have committed,

17  or to have attempted or conspired to commit, three offenses

18  that are felony offenses if committed by an adult, and one or

19  more of such felony offenses involved the use or possession of

20  a firearm or violence against a person;

21  

22  the state attorney shall request the court to transfer and

23  certify the child for prosecution as an adult or shall provide

24  written reasons to the court for not making such request, or

25  proceed pursuant to s. 985.227(1).  Upon the state attorney's

26  request, the court shall either enter an order transferring

27  the case and certifying the case for trial as if the child

28  were an adult or provide written reasons for not issuing such

29  an order.

30  

31  

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    Florida Senate - 2004                                  SB 1346
    32-944-04




 1         Section 3.  Paragraph (a) of subsection (1) and

 2  paragraph (c) of subsection (2) of section 985.227, Florida

 3  Statutes, are amended to read:

 4         985.227  Prosecution of juveniles as adults by the

 5  direct filing of an information in the criminal division of

 6  the circuit court; discretionary criteria; mandatory

 7  criteria.--

 8         (1)  DISCRETIONARY DIRECT FILE; CRITERIA.--

 9         (a)  With respect to any child who was 17 14 or 15

10  years of age at the time the alleged offense was committed,

11  the state attorney may file an information when in the state

12  attorney's judgment and discretion the public interest

13  requires that adult sanctions be considered or imposed and

14  when the offense charged is for the commission of, attempt to

15  commit, or conspiracy to commit:

16         1.  Arson;

17         2.  Sexual battery;

18         3.  Robbery;

19         4.  Kidnapping;

20         5.  Aggravated child abuse;

21         6.  Aggravated assault;

22         7.  Aggravated stalking;

23         8.  Murder;

24         9.  Manslaughter;

25         10.  Unlawful throwing, placing, or discharging of a

26  destructive device or bomb;

27         11.  Armed burglary in violation of s. 810.02(2)(b) or

28  specified burglary of a dwelling or structure in violation of

29  s. 810.02(2)(c), or burglary with an assault or battery in

30  violation of s. 810.02(2)(a);

31         12.  Aggravated battery;

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    Florida Senate - 2004                                  SB 1346
    32-944-04




 1         13.  Any lewd or lascivious offense committed upon or

 2  in the presence of a person less than 16 years of age;

 3         14.  Carrying, displaying, using, threatening, or

 4  attempting to use a weapon or firearm during the commission of

 5  a felony;

 6         15.  Grand theft in violation of s. 812.014(2)(a);

 7         16.  Possessing or discharging any weapon or firearm on

 8  school property in violation of s. 790.115;

 9         17.  Home invasion robbery;

10         18.  Carjacking; or

11         19.  Grand theft of a motor vehicle in violation of s.

12  812.014(2)(c)6. or grand theft of a motor vehicle valued at

13  $20,000 or more in violation of s. 812.014(2)(b) if the child

14  has a previous adjudication for grand theft of a motor vehicle

15  in violation of s. 812.014(2)(c)6. or s. 812.014(2)(b).

16         (2)  MANDATORY DIRECT FILE.--

17         (c)  The state attorney must file an information if a

18  child who was 17 years, regardless of the child's age at the

19  time the alleged offense was committed, is alleged to have

20  committed an act that would be a violation of law if the child

21  were an adult, that involves stealing a motor vehicle,

22  including, but not limited to, a violation of s. 812.133,

23  relating to carjacking, or s. 812.014(2)(c)6., relating to

24  grand theft of a motor vehicle, and while the child was in

25  possession of the stolen motor vehicle the child caused

26  serious bodily injury to or the death of a person who was not

27  involved in the underlying offense. For purposes of this

28  section, the driver and all willing passengers in the stolen

29  motor vehicle at the time such serious bodily injury or death

30  is inflicted shall also be subject to mandatory transfer to

31  adult court. "Stolen motor vehicle," for the purposes of this

                                  6

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    Florida Senate - 2004                                  SB 1346
    32-944-04




 1  section, means a motor vehicle that has been the subject of

 2  any criminal wrongful taking. For purposes of this section,

 3  "willing passengers" means all willing passengers who have

 4  participated in the underlying offense.

 5         Section 4.  Paragraph (a) of subsection (4) of section

 6  985.233, Florida Statutes, is amended to read:

 7         985.233  Sentencing powers; procedures; alternatives

 8  for juveniles prosecuted as adults.--

 9         (4)  SENTENCING ALTERNATIVES.--

10         (a)  Sentencing to adult sanctions.--

11         1.  Cases prosecuted on indictment.--If the child was

12  at least 17 years of age at the time of the offense and is

13  found to have committed the offense punishable by death or

14  life imprisonment, the child shall be sentenced as an adult.

15  If the juvenile is not found to have committed the indictable

16  offense but is found to have committed a lesser included

17  offense or any other offense for which he or she was indicted

18  as a part of the criminal episode, the court may sentence as

19  follows:

20         a.  As an adult;

21         b.  Pursuant to chapter 958; or

22         c.  As a juvenile pursuant to this section.

23         2.  Other cases.--If a child who has been transferred

24  for criminal prosecution pursuant to information or waiver of

25  juvenile court jurisdiction is found to have committed a

26  violation of state law or a lesser included offense for which

27  he or she was charged as a part of the criminal episode, the

28  court may sentence as follows:

29         a.  As an adult;

30         b.  Pursuant to chapter 958; or

31         c.  As a juvenile pursuant to this section.

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    Florida Senate - 2004                                  SB 1346
    32-944-04




 1         3.  Notwithstanding any other provision to the

 2  contrary, if the state attorney is required to file a motion

 3  to transfer and certify the juvenile for prosecution as an

 4  adult pursuant to s. 985.226(2)(b) and that motion is granted,

 5  or if the state attorney is required to file an information

 6  pursuant to s. 985.227(2)(a) or (b), the court must impose

 7  adult sanctions.

 8         4.  Any sentence imposing adult sanctions is presumed

 9  appropriate, and the court is not required to set forth

10  specific findings or enumerate the criteria in this subsection

11  as any basis for its decision to impose adult sanctions.

12         5.  When a child has been transferred for criminal

13  prosecution as an adult and has been found to have committed a

14  violation of state law, the disposition of the case may

15  include the enforcement of any restitution ordered in any

16  juvenile proceeding.

17  

18  It is the intent of the Legislature that the criteria and

19  guidelines in this subsection are mandatory and that a

20  determination of disposition under this subsection is subject

21  to the right of the child to appellate review under s.

22  985.234.

23         Section 5.  Section 985.2335, Florida Statutes, is

24  created to read:

25         985.2335  Sentencing of a child 16 years of age or

26  younger who is convicted of an offense punishable by death or

27  life imprisonment.--

28         (1)  Notwithstanding any other law, if a child who is

29  16 years of age or younger at the time the offense was

30  committed is sentenced for an offense that, if committed by an

31  adult, would be punishable by death or life imprisonment, the

                                  8

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    Florida Senate - 2004                                  SB 1346
    32-944-04




 1  court shall sentence the child for the offense and for all

 2  other felonies or misdemeanors based on the same act or

 3  transaction, or based on one or more acts or transactions

 4  connected with the offense punishable by death or by life

 5  imprisonment, as follows:

 6         (a)  The child shall be committed to the department for

 7  evaluation and treatment in an intensive residential treatment

 8  program until the child reaches 21 years of age. The intensive

 9  residential treatment program must be a program designed to

10  promote rehabilitation, prevent recidivism, and provide for

11  the child's successful return to society; or

12         (b)  The child shall be committed to a maximum-risk

13  residential juvenile correctional facility until the child

14  reaches 21 years of age, and the child may not be placed on

15  temporary or conditional release.

16         (2)  Within a reasonable time after reaching 21 years

17  of age, the department shall return the child to the

18  sentencing court for a hearing. If the court finds that the

19  child is sufficiently rehabilitated so that the public's

20  safety is reasonably assured, the child shall be placed on

21  conditional release for a term of at least 10 years. If the

22  court finds that the child is not sufficiently rehabilitated

23  so that the public's safety is reasonably assured, the child

24  shall be sentenced to life imprisonment with eligibility for

25  parole under the same conditions applicable to an adult

26  offender.

27         Section 6.  This act shall take effect July 1, 2004.

28  

29  

30  

31  

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    Florida Senate - 2004                                  SB 1346
    32-944-04




 1            *****************************************

 2                          SENATE SUMMARY

 3    Revises the age at which an offender who is a minor may
      be prosecuted and sentenced as an adult when the offender
 4    commits certain violent felonies or an offense punishable
      by death or life imprisonment if such offense were
 5    committed by an adult. Requires that an offender 16 years
      of age or younger who commits an offense punishable by
 6    death or life imprisonment be committed to the Department
      of Juvenile Justice or to a maximum-risk juvenile
 7    facility until the offender is 21 years of age. Requires
      a hearing when the offender reaches 21 years of age.
 8    Requires that the offender be placed on conditional
      release for at least 10 years if the court finds that the
 9    offender is rehabilitated. If the offender is not
      rehabilitated, requires that the offender be sentenced to
10    life imprisonment with eligibility for parole as an adult
      offender. (See bill for details.)
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