Bill Amendment: FL S1504 | 2020 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Sentencing

Status: 2020-03-14 - Died in Appropriations Subcommittee on Criminal and Civil Justice [S1504 Detail]

Download: Florida-2020-S1504-Senate_Committee_Amendment_625222.html

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       Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 1504
       
       
       
       
       
       
                                Ì625222sÎ625222                         
       
                              LEGISLATIVE ACTION                        
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       The Committee on Criminal Justice (Brandes) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 65 - 105
    4  and insert:
    5  or supervision pursuant to former s. 322.34, and who is serving
    6  such penalty on or after October 1, 2020, must be resentenced in
    7  accordance with paragraph (c). The person must be resentenced to
    8  a sentence as provided in s. 775.082, s. 775.083, or s. 775.084.
    9         (c) Resentencing under this section must occur in the
   10  following manner:
   11         1. A person described in paragraph (b) who is eligible to
   12  request a sentence review hearing pursuant to this section shall
   13  be notified of such eligibility by the facility in which the
   14  person is imprisoned or the entity who is supervising the
   15  person.
   16         2. A person seeking sentence review hearing under this
   17  section must submit an application to the court of original
   18  jurisdiction requesting such hearing to be conducted. Such
   19  request by the person serves to initiate the procedures provided
   20  for in this section. The sentencing court shall retain original
   21  jurisdiction for the duration of the sentence for this purpose.
   22         3. A person who is eligible for a sentence review hearing
   23  under this section is entitled to be represented by counsel, and
   24  the court shall appoint a public defender to represent the
   25  person if he or she cannot afford an attorney.
   26         4. Upon receiving an application from the eligible person,
   27  the court of original jurisdiction shall hold a sentence review
   28  hearing to determine if the eligible person meets the criteria
   29  for resentencing under this section. If the court determines at
   30  the sentence review hearing that the eligible person meets the
   31  criteria in this section for resentencing, the court must
   32  resentence the person as provided in this section; however, the
   33  new sentence may not exceed the person’s original sentence with
   34  credit for time served. If the court determines that such person
   35  does not meet the criteria for resentencing under this section,
   36  the court must provide written reasons why such person does not
   37  meet such criteria.
   38         (4) Notwithstanding any other law, a person who has been
   39  convicted of a felony under former s. 322.34 and whose offense
   40  would not be classified as a felony under the new s. 322.34,
   41  must have all outstanding fines, fees, and costs related to such
   42  felony conviction waived. In addition, such person must be
   43  treated as if he or she had been convicted of a misdemeanor
   44  violation of s. 322.34 for purposes of any right, privilege,
   45  benefit, remedy, or collateral consequence that the person might
   46  be entitled to but for such felony conviction. This provision
   47  does not serve to remove the designation of the person as a
   48  convicted felon. However, the consequences of such felony
   49  conviction that are solely statutory in nature and are imposed
   50  as a result of such conviction shall no longer apply.
   51         Section 2. Effective upon the same date that SB 1506 or
   52  
   53  ================= T I T L E  A M E N D M E N T ================
   54  And the title is amended as follows:
   55         Delete lines 11 - 15
   56  and insert:
   57         imprisonment or supervision; specifying the procedures
   58         for such resentencing; requiring certain persons
   59         convicted of driving while license suspended, revoked,
   60         canceled, or disqualified to have such conviction
   61         treated as a misdemeanor for specified purposes;
   62         requiring outstanding fines,