Bill Text: FL S1186 | 2019 | Regular Session | Comm Sub
Bill Title: Criminal Judgments
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Failed) 2019-05-03 - Died in Judiciary, companion bill(s) passed, see CS/HB 7081 (Ch. 2019-98) [S1186 Detail]
Download: Florida-2019-S1186-Comm_Sub.html
Florida Senate - 2019 CS for SB 1186 By the Committee on Criminal Justice; and Senators Baxley and Perry 591-03438-19 20191186c1 1 A bill to be entitled 2 An act relating to criminal judgments; amending s. 3 812.014, F.S.; requiring that judgments of guilty or 4 not guilty of petit theft be in a written record, 5 rather than in writing, or in an electronic record 6 with the judge’s electronic signature, recorded by the 7 clerk of the circuit court; providing requirements for 8 such records; conforming provisions to changes made by 9 the act; amending s. 921.241, F.S.; defining terms; 10 requiring that judgments of guilty or not guilty of a 11 felony be in a written record, rather than in writing, 12 or an electronic record with the judge’s electronic 13 signature, recorded by the clerk of the circuit court; 14 requiring that for an electronic record of a judgment 15 of guilty, the fingerprints of a defendant be 16 electronically captured and a certain certification be 17 included; requiring the judge to place his or her 18 electronic signature on the certificate; conforming 19 provisions to changes made by the act; amending s. 20 921.242, F.S.; requiring that specified judgments of 21 guilty be in a written record, rather than in writing, 22 or an electronic record with the judge’s electronic 23 signature, recorded by the clerk of the circuit court; 24 conforming provisions to changes made by the act; 25 reenacting s. 775.084(3)(a), (b), and (c), F.S., 26 relating to fingerprinting a defendant for the purpose 27 of identification, to incorporate the amendment made 28 to s. 921.241, F.S., in references thereto; providing 29 an effective date. 30 31 Be It Enacted by the Legislature of the State of Florida: 32 33 Section 1. Paragraph (d) of subsection (3) of section 34 812.014, Florida Statutes, is amended to read: 35 812.014 Theft.— 36 (3) 37 (d)1. AEveryjudgment of guilty or not guilty of a petit 38 theft mustshallbe in: 39 a. A written record that iswriting,signed by the judge,40 and recorded by the clerk of the circuit court; or 41 b. An electronic record that contains the judge’s 42 electronic signature, as defined in s. 933.40, and is recorded 43 by the clerk of the circuit court. 44 2. At the time a defendant is found guilty of petit theft, 45 the judge shall cause the following to occurto be affixed to46every such written judgment of guilty of petit theft,in open 47 court and in the presence of such judge:,48 a. For a written record of a judgment of guilty, the 49 fingerprints of the defendant against whom such judgment is 50 rendered must be manually taken and. Such fingerprints shall be51 affixed beneath the judge’s signature on theto suchjudgment. 52Beneath such fingerprints shall be appendedA certificate, 53 containing substantiallytothe following language must be 54 appended beneath the fingerprintseffect: 55 56 “I hereby certify that the affixedabove and foregoing57 fingerprints on this judgment are the fingerprints of the 58 defendant, ...., and that they were placed therethereonby said 59 defendant in my presence, in open court, this the .... day of 60 ...., ...(year)....” 61 62 Such certificate mustshallbe signed by the judge, whose 63 signature mustthereto shallbe followed by the word “Judge.” 64 b. For an electronic record of a judgment of guilty, the 65 fingerprints of the defendant must be electronically captured, 66 and a certificate must be issued as provided in s. 67 921.241(3)(b). 68 3.2.AAny suchwritten or an electronic record of a 69 judgment of guilty of a petit theft, or a certified copy 70 thereof, is admissible in evidence in the courts of this state 71 as provided in s. 921.241(4)prima facie evidence that the72fingerprints appearing thereon and certified by the judge are73the fingerprints of the defendant against whom such judgment of74guilty of a petit theft was rendered. 75 Section 2. Section 921.241, Florida Statutes, is amended to 76 read: 77 921.241 Felony judgments; fingerprints and social security 78 number required in record.— 79 (1) As used in this section, the term: 80 (a) “Electronic signature” has the same meaning as in s. 81 933.40. 82 (b) “Transaction control number” means the unique 83 identifier comprised of numbers, letters, or other symbols for a 84 digital fingerprint record which is generated by the device used 85 to electronically capture the fingerprintsAt the time a86defendant is found guilty of a felony, the judge shall cause the87defendant’s fingerprints to be taken. 88 (2) AEveryjudgment of guilty or not guilty of a felony 89 mustshallbe in: 90 (a) A written record that iswriting,signed by the judge,91 and recorded by the clerk of the court; or 92 (b) An electronic record that contains the judge’s 93 electronic signature and is recorded by the clerk of the court. 94 (3) At the time a defendant is found guilty of a felony, 95 the judge shall cause the following to occurto be affixed to96every written judgment of guilty of a felony,in open court and,97 in the presence of such judge: 98 (a) For a written record of a judgment of guilty,and at99the time the judgment is rendered,the fingerprints of the 100 defendant must be manually taken andagainst whom such judgment101is rendered. Such fingerprints shall beaffixed beneath the 102 judge’s signature on theto suchjudgment.Beneath such103fingerprints shall be appendedA certificate containing 104 substantiallytothe following language must be appended beneath 105 the fingerprintseffect: 106 107 “I hereby certify that the affixedabove and foregoing108 fingerprints on this judgment are the fingerprints of the 109 defendant, ...., and that they were placed therethereonby said 110 defendant in my presence, in open court, this the .... day of 111 ...., ...(year)....” 112 113 Such certificate mustshallbe signed by the judge, whose 114 signature mustthereto shallbe followed by the word “Judge.” 115 (b) For an electronic record of a judgment of guilty, the 116 fingerprints of the defendant must be electronically captured, 117 and the following certificate must be included in the electronic 118 record of judgment: 119 120 “I hereby certify that the digital fingerprints record 121 associated with Transaction Control Number .... contains the 122 fingerprints of the defendant, ...., which were electronically 123 captured from the defendant in my presence, in open court, this 124 the .... day of ...., ...(year)....” 125 126 The judge shall place his or her electronic signature, which 127 must be followed by the word “Judge,” on the certificate. 128 (4)(3)A written or an electronic record of aAny such129writtenjudgment of guiltyof a felony, or a certified copy 130 thereof, isshall beadmissible in evidence in theseveral131 courts of this state as prima facie evidence that: 132 (a) The manual fingerprints appearing thereon and certified 133 by the judgeas aforesaidare the fingerprints of the defendant 134 against whom thesuchjudgment of guiltyof a felonywas 135 rendered. 136 (b) The digital fingerprint record associated with the 137 transaction control number specified in the judge’s certificate 138 contains the fingerprints of the defendant against whom the 139 judgment of guilty was rendered. 140 (5)(4)At the time the defendant’s fingerprints are 141 manually taken or electronically captured, the judge shall also 142 cause the defendant’s social security number to be taken. The 143 defendant’s social security number mustshallbe specified in 144 eachaffixed to everywritten or electronic record of a judgment 145 of guilty of a felony, in open court and,in the presence of 146 such judge,andat the time the judgment is rendered. If the 147 defendant is unable or unwilling to provide his or her social 148 security number, the reason for its absence mustshallbe 149 specified inindicated onthe written or electronic record of 150 judgment. 151 Section 3. Section 921.242, Florida Statutes, is amended to 152 read: 153 921.242 Subsequent offenses under chapter 796; method of 154 proof applicable.— 155 (1) AEveryjudgment of guilty with respect to any offense 156 governed by the provisions of chapter 796 mustshallbe in: 157 (a) A written record of a judgment that iswriting,signed 158 by the judge,and recorded by the clerk of the circuit court; or 159 (b) An electronic record of a judgment that contains the 160 judge’s electronic signature, as defined in s. 933.40, and is 161 recorded by the clerk of the circuit court. 162 (2) At the time a defendant is found guilty, the judge 163 shall cause the following to occurto be affixed to every such164written judgment of guilty,in open court and in the presence of 165 such judge: 166 (a) For a written record of a judgment of guilty, the 167 fingerprints of the defendant must be manually taken andagainst168whom such judgment is rendered. Such fingerprints shall be169 affixed beneath the judge’s signature on theto any such170 judgment.Beneath such fingerprints shall be appendedA 171 certificate containing substantiallytothe following language 172 must be appended beneath the fingerprintseffect: 173 174 “I hereby certify that the affixedabove and foregoing175 fingerprints on this judgment are the fingerprints of the 176 defendant, ...(name)..., and that they were placed therethereon177 by said defendant in my presence, in open court, this the .... 178 day of ...., ...(year)....” 179 180 Such certificate mustshallbe signed by the judge, whose 181 signature mustthereto shallbe followed by the word “Judge.” 182 (b) For an electronic record of a judgment of guilty, the 183 fingerprints of the defendant must be electronically captured, 184 and a certificate must be issued as provided in s. 185 921.241(3)(b). 186 (2) AAny suchwritten or an electronic record of a 187 judgment of guilty, or a certified copy thereof, isshall be188 admissible in evidence in theseveralcourts of this state as 189 provided in s. 921.241(4)prima facie evidence that the190fingerprints appearing thereon and certified by the judge as191aforesaid are the fingerprints of the defendant against whom192such judgment of guilty was rendered. 193 Section 4. For the purpose of incorporating the amendment 194 made by this act to section 921.241, Florida Statutes, in a 195 reference thereto, paragraphs (a), (b), and (c) of subsection 196 (3) of section 775.084, Florida Statutes, are reenacted to read: 197 775.084 Violent career criminals; habitual felony offenders 198 and habitual violent felony offenders; three-time violent felony 199 offenders; definitions; procedure; enhanced penalties or 200 mandatory minimum prison terms.— 201 (3)(a) In a separate proceeding, the court shall determine 202 if the defendant is a habitual felony offender or a habitual 203 violent felony offender. The procedure shall be as follows: 204 1. The court shall obtain and consider a presentence 205 investigation prior to the imposition of a sentence as a 206 habitual felony offender or a habitual violent felony offender. 207 2. Written notice shall be served on the defendant and the 208 defendant’s attorney a sufficient time prior to the entry of a 209 plea or prior to the imposition of sentence in order to allow 210 the preparation of a submission on behalf of the defendant. 211 3. Except as provided in subparagraph 1., all evidence 212 presented shall be presented in open court with full rights of 213 confrontation, cross-examination, and representation by counsel. 214 4. Each of the findings required as the basis for such 215 sentence shall be found to exist by a preponderance of the 216 evidence and shall be appealable to the extent normally 217 applicable to similar findings. 218 5. For the purpose of identification of a habitual felony 219 offender or a habitual violent felony offender, the court shall 220 fingerprint the defendant pursuant to s. 921.241. 221 6. For an offense committed on or after October 1, 1995, if 222 the state attorney pursues a habitual felony offender sanction 223 or a habitual violent felony offender sanction against the 224 defendant and the court, in a separate proceeding pursuant to 225 this paragraph, determines that the defendant meets the criteria 226 under subsection (1) for imposing such sanction, the court must 227 sentence the defendant as a habitual felony offender or a 228 habitual violent felony offender, subject to imprisonment 229 pursuant to this section unless the court finds that such 230 sentence is not necessary for the protection of the public. If 231 the court finds that it is not necessary for the protection of 232 the public to sentence the defendant as a habitual felony 233 offender or a habitual violent felony offender, the court shall 234 provide written reasons; a written transcript of orally stated 235 reasons is permissible, if filed by the court within 7 days 236 after the date of sentencing. Each month, the court shall submit 237 to the Office of Economic and Demographic Research of the 238 Legislature the written reasons or transcripts in each case in 239 which the court determines not to sentence a defendant as a 240 habitual felony offender or a habitual violent felony offender 241 as provided in this subparagraph. 242 (b) In a separate proceeding, the court shall determine if 243 the defendant is a three-time violent felony offender. The 244 procedure shall be as follows: 245 1. The court shall obtain and consider a presentence 246 investigation prior to the imposition of a sentence as a three 247 time violent felony offender. 248 2. Written notice shall be served on the defendant and the 249 defendant’s attorney a sufficient time prior to the entry of a 250 plea or prior to the imposition of sentence in order to allow 251 the preparation of a submission on behalf of the defendant. 252 3. Except as provided in subparagraph 1., all evidence 253 presented shall be presented in open court with full rights of 254 confrontation, cross-examination, and representation by counsel. 255 4. Each of the findings required as the basis for such 256 sentence shall be found to exist by a preponderance of the 257 evidence and shall be appealable to the extent normally 258 applicable to similar findings. 259 5. For the purpose of identification of a three-time 260 violent felony offender, the court shall fingerprint the 261 defendant pursuant to s. 921.241. 262 6. For an offense committed on or after the effective date 263 of this act, if the state attorney pursues a three-time violent 264 felony offender sanction against the defendant and the court, in 265 a separate proceeding pursuant to this paragraph, determines 266 that the defendant meets the criteria under subsection (1) for 267 imposing such sanction, the court must sentence the defendant as 268 a three-time violent felony offender, subject to imprisonment 269 pursuant to this section as provided in paragraph (4)(c). 270 (c) In a separate proceeding, the court shall determine 271 whether the defendant is a violent career criminal with respect 272 to a primary offense committed on or after October 1, 1995. The 273 procedure shall be as follows: 274 1. Written notice shall be served on the defendant and the 275 defendant’s attorney a sufficient time prior to the entry of a 276 plea or prior to the imposition of sentence in order to allow 277 the preparation of a submission on behalf of the defendant. 278 2. All evidence presented shall be presented in open court 279 with full rights of confrontation, cross-examination, and 280 representation by counsel. 281 3. Each of the findings required as the basis for such 282 sentence shall be found to exist by a preponderance of the 283 evidence and shall be appealable only as provided in paragraph 284 (d). 285 4. For the purpose of identification, the court shall 286 fingerprint the defendant pursuant to s. 921.241. 287 5. For an offense committed on or after October 1, 1995, if 288 the state attorney pursues a violent career criminal sanction 289 against the defendant and the court, in a separate proceeding 290 pursuant to this paragraph, determines that the defendant meets 291 the criteria under subsection (1) for imposing such sanction, 292 the court must sentence the defendant as a violent career 293 criminal, subject to imprisonment pursuant to this section 294 unless the court finds that such sentence is not necessary for 295 the protection of the public. If the court finds that it is not 296 necessary for the protection of the public to sentence the 297 defendant as a violent career criminal, the court shall provide 298 written reasons; a written transcript of orally stated reasons 299 is permissible, if filed by the court within 7 days after the 300 date of sentencing. Each month, the court shall submit to the 301 Office of Economic and Demographic Research of the Legislature 302 the written reasons or transcripts in each case in which the 303 court determines not to sentence a defendant as a violent career 304 criminal as provided in this subparagraph. 305 Section 5. This act shall take effect July 1, 2019.