Bill Text: FL S1230 | 2018 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Criminal Judgments
Spectrum: Bipartisan Bill
Status: (Failed) 2018-03-10 - Died in Rules [S1230 Detail]
Download: Florida-2018-S1230-Introduced.html
Bill Title: Criminal Judgments
Spectrum: Bipartisan Bill
Status: (Failed) 2018-03-10 - Died in Rules [S1230 Detail]
Download: Florida-2018-S1230-Introduced.html
Florida Senate - 2018 SB 1230 By Senator Baxley 12-01205-18 20181230__ 1 A bill to be entitled 2 An act relating to criminal judgments; amending s. 3 921.241, F.S.; requiring that all judgments of guilty 4 and not guilty for felonies and misdemeanors be 5 documented in a written or electronic record; 6 requiring a judge to cause to be gathered, either 7 manually or electronically, in his or her presence in 8 open court the fingerprints and social security number 9 of a defendant found guilty of a felony or a 10 misdemeanor; providing that a judgment of guilty is 11 admissible as evidence under certain circumstances; 12 authorizing a judge to electronically sign an 13 electronic judgment of guilty or not guilty and a 14 certificate documenting the electronically gathered 15 fingerprints; defining the term “electronic 16 signature”; repealing s. 921.242, F.S.; deleting 17 provisions requiring judgments of guilt for certain 18 violations to be in writing, signed by a judge, and 19 recorded by a clerk of the circuit court; deleting a 20 provision requiring the gathering of a defendant’s 21 fingerprints and the judge’s accompanying 22 certification; deleting a provision providing for the 23 admissibility of the judgment of guilt under certain 24 circumstances; reenacting s. 775.084(3)(a), (b), and 25 (c), F.S., relating to fingerprinting a defendant for 26 the purpose of identification, to incorporate the 27 amendment made to s. 921.241, F.S., in references 28 thereto; providing an effective date. 29 30 Be It Enacted by the Legislature of the State of Florida: 31 32 Section 1. Section 921.241, Florida Statutes, is amended to 33 read: 34 921.241 CriminalFelonyjudgments; fingerprints and social 35 security number required in record.— 36 (1)At the time a defendant is found guilty of a felony,37the judge shall cause the defendant’s fingerprints to be taken.38(2)AEveryjudgment of guilty or not guilty of a felony or 39 misdemeanor shall be in a written or an electronic record 40writing,signed by the judge,and recorded by the clerk of the 41 court. 42 (2) At the time a defendant is found guilty of a felony or 43 misdemeanor, the judge shall cause all of the following to occur 44to be affixed to every written judgment of guilty of a felony,45 in open court, in the presence of such judge, and at the time 46 the judgment is rendered:,47 (a) The fingerprints of the defendant shall be taken 48 manually or electronically andagainst whom such judgment is49rendered. Such fingerprintsshall be attachedaffixedbeneath 50 the judge’s signature on thetosuchjudgment. Beneath such 51 fingerprints shall be attachedappendeda certificate to the 52 following effect: 53 “I hereby certify that the above and foregoing fingerprints 54 on this judgment are the fingerprints of the defendant, ...., 55 and that they were placed thereon by said defendant in my 56 presence, in open court, this the .... day of ...., 57 ...(year)....” 58 59 Such certificate shall be signed by the judge, whose signature 60 thereto shall be followed by the word “Judge.” 61 (b) The social security number of the defendant shall be 62 taken and indicated on the judgment. If the defendant is unable 63 or unwilling to provide his or her social security number, the 64 reason for its absence shall be indicated on the judgment. 65 (3) AAny such writtenjudgment of guiltyof a felony, or a 66 certified copy thereof, shall be admissible in evidence in the 67 several courts of this state as prima facie evidence that the 68 fingerprints appearing thereon and certified by the judge as 69 aforesaid are the fingerprints of the defendant against whom 70 such judgment of guiltyof a felonywas rendered. 71 (4) A judge may electronically sign: 72 (a) An electronic judgment of guilty or not guilty under 73 subsection (1) if the judge determines, after examination of the 74 electronic record, that such record accurately reflects the 75 judgment entered by the court. 76 (b) The certificate required under paragraph (2)(a) if the 77 judge witnesses the electronic taking of the defendant’s 78 fingerprints and certifies that such fingerprints have been 79 attached to the judgment by reliable electronic means. 80 (5) As used in this section, the term “electronic 81 signature” has the same meaning as in s. 933.40At the time the82defendant’s fingerprints are taken, the judge shall also cause83the defendant’s social security number to be taken.The84defendant’s social security number shall be affixed to every85written judgment of guilty of a felony, in open court, in the86presence of such judge, and at the time the judgment is87rendered. If the defendant is unable or unwilling to provide his88or her social security number, the reason for its absence shall89be indicated on the written judgment.90 Section 2. Section 921.242, Florida Statutes, is repealed. 91 Section 3. For the purpose of incorporating the amendment 92 made by this act to section 921.241, Florida Statutes, in a 93 reference thereto, paragraphs (a), (b), and (c) of subsection 94 (3) of section 775.084, Florida Statutes, are reenacted to read: 95 775.084 Violent career criminals; habitual felony offenders 96 and habitual violent felony offenders; three-time violent felony 97 offenders; definitions; procedure; enhanced penalties or 98 mandatory minimum prison terms.— 99 (3)(a) In a separate proceeding, the court shall determine 100 if the defendant is a habitual felony offender or a habitual 101 violent felony offender. The procedure shall be as follows: 102 1. The court shall obtain and consider a presentence 103 investigation prior to the imposition of a sentence as a 104 habitual felony offender or a habitual violent felony offender. 105 2. Written notice shall be served on the defendant and the 106 defendant’s attorney a sufficient time prior to the entry of a 107 plea or prior to the imposition of sentence in order to allow 108 the preparation of a submission on behalf of the defendant. 109 3. Except as provided in subparagraph 1., all evidence 110 presented shall be presented in open court with full rights of 111 confrontation, cross-examination, and representation by counsel. 112 4. Each of the findings required as the basis for such 113 sentence shall be found to exist by a preponderance of the 114 evidence and shall be appealable to the extent normally 115 applicable to similar findings. 116 5. For the purpose of identification of a habitual felony 117 offender or a habitual violent felony offender, the court shall 118 fingerprint the defendant pursuant to s. 921.241. 119 6. For an offense committed on or after October 1, 1995, if 120 the state attorney pursues a habitual felony offender sanction 121 or a habitual violent felony offender sanction against the 122 defendant and the court, in a separate proceeding pursuant to 123 this paragraph, determines that the defendant meets the criteria 124 under subsection (1) for imposing such sanction, the court must 125 sentence the defendant as a habitual felony offender or a 126 habitual violent felony offender, subject to imprisonment 127 pursuant to this section unless the court finds that such 128 sentence is not necessary for the protection of the public. If 129 the court finds that it is not necessary for the protection of 130 the public to sentence the defendant as a habitual felony 131 offender or a habitual violent felony offender, the court shall 132 provide written reasons; a written transcript of orally stated 133 reasons is permissible, if filed by the court within 7 days 134 after the date of sentencing. Each month, the court shall submit 135 to the Office of Economic and Demographic Research of the 136 Legislature the written reasons or transcripts in each case in 137 which the court determines not to sentence a defendant as a 138 habitual felony offender or a habitual violent felony offender 139 as provided in this subparagraph. 140 (b) In a separate proceeding, the court shall determine if 141 the defendant is a three-time violent felony offender. The 142 procedure shall be as follows: 143 1. The court shall obtain and consider a presentence 144 investigation prior to the imposition of a sentence as a three 145 time violent felony offender. 146 2. Written notice shall be served on the defendant and the 147 defendant’s attorney a sufficient time prior to the entry of a 148 plea or prior to the imposition of sentence in order to allow 149 the preparation of a submission on behalf of the defendant. 150 3. Except as provided in subparagraph 1., all evidence 151 presented shall be presented in open court with full rights of 152 confrontation, cross-examination, and representation by counsel. 153 4. Each of the findings required as the basis for such 154 sentence shall be found to exist by a preponderance of the 155 evidence and shall be appealable to the extent normally 156 applicable to similar findings. 157 5. For the purpose of identification of a three-time 158 violent felony offender, the court shall fingerprint the 159 defendant pursuant to s. 921.241. 160 6. For an offense committed on or after the effective date 161 of this act, if the state attorney pursues a three-time violent 162 felony offender sanction against the defendant and the court, in 163 a separate proceeding pursuant to this paragraph, determines 164 that the defendant meets the criteria under subsection (1) for 165 imposing such sanction, the court must sentence the defendant as 166 a three-time violent felony offender, subject to imprisonment 167 pursuant to this section as provided in paragraph (4)(c). 168 (c) In a separate proceeding, the court shall determine 169 whether the defendant is a violent career criminal with respect 170 to a primary offense committed on or after October 1, 1995. The 171 procedure shall be as follows: 172 1. Written notice shall be served on the defendant and the 173 defendant’s attorney a sufficient time prior to the entry of a 174 plea or prior to the imposition of sentence in order to allow 175 the preparation of a submission on behalf of the defendant. 176 2. All evidence presented shall be presented in open court 177 with full rights of confrontation, cross-examination, and 178 representation by counsel. 179 3. Each of the findings required as the basis for such 180 sentence shall be found to exist by a preponderance of the 181 evidence and shall be appealable only as provided in paragraph 182 (d). 183 4. For the purpose of identification, the court shall 184 fingerprint the defendant pursuant to s. 921.241. 185 5. For an offense committed on or after October 1, 1995, if 186 the state attorney pursues a violent career criminal sanction 187 against the defendant and the court, in a separate proceeding 188 pursuant to this paragraph, determines that the defendant meets 189 the criteria under subsection (1) for imposing such sanction, 190 the court must sentence the defendant as a violent career 191 criminal, subject to imprisonment pursuant to this section 192 unless the court finds that such sentence is not necessary for 193 the protection of the public. If the court finds that it is not 194 necessary for the protection of the public to sentence the 195 defendant as a violent career criminal, the court shall provide 196 written reasons; a written transcript of orally stated reasons 197 is permissible, if filed by the court within 7 days after the 198 date of sentencing. Each month, the court shall submit to the 199 Office of Economic and Demographic Research of the Legislature 200 the written reasons or transcripts in each case in which the 201 court determines not to sentence a defendant as a violent career 202 criminal as provided in this subparagraph. 203 Section 4. This act shall take effect July 1, 2018.