2011 CJIC Final Actions - EDR

1 Summary of Final Actions -- 2011 Criminal Justice Impact Conference Bills KEY: pot. sig. Potentially large impact on prison beds insig. Very small additional bed impact pot. mod. Potentially moderate impact * No prison bed impact indet. Unquantifiable bed impact tp Temporarily postponed CJIC Impact Conf. Date Subject house Last action house bill Senate Last action Senate bill Sponsor H/S FY 11-12 FY 12-13 FY 13-14 FY 14-15 FY 15-16 passed ? 5/7/11 house Indefinitely postponed Assault or Battery on Utility Workers - Defines the term "utility and withdrawn from consideration.

2 2-Mar-11 worker." Provides for reclassification of certain offenses against HB 15 Died in Criminal Justice SB 734 5/7/11 SENATE Died on Calendar Soto Wise insig. insig. insig. insig. insig. NO. utility workers, etc. Effective Date: July 1, 2011. Subcommittee Military Veterans Convicted of Criminal Offenses - Provides that persons convicted of criminal offenses who allege that the offenses resulted from posttraumatic stress disorder, substance abuse, or psychological problems stemming from service in a combat theater in the United States military may have a hearing on that issue before sentencing.

3 Provides that defendants found to 5/7/11 house Died in Judiciary 2-Mar-11. have committed offenses due to such causes and who are HB 17 Committee SB 138 5/7/11 house Died in Messages Nelson Bennett * * * * * NO. otherwise eligible for probation or community control may be placed in treatment programs for an equal period of time in certain circumstances, provides for sentence credit; provides preference for treatment programs with histories of success. EFFECTIVE. DATE: July 1, 2011. Parole for Juvenile Offenders - Designates act "Graham Compliance Act"; provides that juvenile offender who was less than 18 years of age at time of commission of nonhomicide offense & who is sentenced to life imprisonment is eligible for parole if offender has been incarcerated for minimum period; 5/7/11 house Died in Criminal 5/7/11 SENATE Died in Criminal 2-Mar-11.

4 Requires initial eligibility interview to determine whether offender HB 29 Justice Subcommittee SB 160 Justice Weinstein Joyner insig. insig. insig. insig. insig. NO. has demonstrated maturity & reform for parole; provides criteria to determine maturity provides eligibility for reinterview after specified period for offender denied parole. Effective Date: upon becoming a law Controlled Substances - Defines term "homologue" for purposes of Florida Comprehensive Drug Abuse Prevention & Control Act; Adkins, Rouson 5/2/11 house Ordered Enrolled --HJ 5/2/11 SENATE Laid on Table, refer to 2-Mar-11 includes certain hallucinogenic substances on list of controlled CS/HB 39 CS/SB 204 insig.

5 Insig. insig. insig. insig. YES. substances in Schedule I; reenacts provisions to incorporate 1002 CS/CS/HB 39 --SJ 627 Wise, Dockery amendment. Effective Date: July 1, 2011. Regulation of Firearms and Ammunition - Prohibits specified persons & entities, entities when acting in official capacity capacity, from knowingly & willfully regulating or attempting to regulate firearms or ammunition in any manner except as specifically authorized by s. , , by general law, or by Fla. Constitution; provides penalty; eliminates authority of counties to adopt ordinance requiring waiting period between purchase & delivery of handgun; 4/29/11 house Ordered Enrolled -- 4/27/11 SENATE Laid on Table, refer 2-Mar-11 CS/HB 45 CS/SB 402 Gaetz Negron insig.

6 Insig. insig. insig. insig. YES. provides that public funds may not be used to defend unlawful HJ 961 to CS/CS/CS/HB 45 --SJ 540. conduct of any person charged with violation of section; provides fines for governmental entities in whose service or employ provisions of section are knowingly & willfully violated; provides for investigation of complaints of criminal violations & prosecution of violators by state attorney; provides exceptions to prohibitions;. provides effective date. Effective Date: upon becoming a law Summary of Final Actions -- 2011 Criminal Justice Impact Conference Bills KEY: pot.

7 Sig. Potentially large impact on prison beds insig. Very small additional bed impact pot. mod. Potentially moderate impact * No prison bed impact indet. Unquantifiable bed impact tp Temporarily postponed CJIC Impact Conf. Date Subject house Last action house bill Senate Last action Senate bill Sponsor H/S FY 11-12 FY 12-13 FY 13-14 FY 14-15 FY 15-16 passed ? Voting Rights of Felons - Proposes amendment to s. 4, Art. VI of State Constitution to disqualify person who is convicted of felony 5/7/11 house Died in Criminal 5/7/11 SENATE Died in Criminal 2-Mar-11 from voting only until completion of all sentences imposed & HJR 51 SJR 538 Porth Sobel * * * * * NO.

8 Justice Subcommittee Justice expiration or completion of all conditions of supervision, if any. Effective Date: Not Specified Sexting - Provides that minor commits offense of sexting if he or she knowingly uses computer or other device to transmit or distribute photograph or video of himself or herself which depicts nudity & is harmful to minors, or knowingly possesses such photograph or video that was transmitted or distributed to minor from another minor;; p provides that transmission or distribution of multiple photographs or videos is single offense if such 5/3/11 house Ordered Enrolled --HJ.

9 2-Mar-11 photographs & videos were transmitted or distributed in same 24- HB 75 Abruzzo insig. insig. insig. insig. insig. YES. 1101. hour period; provides that possession of multiple photographs or videos that were transmitted or distributed by minor is single offense if such photographs & videos were transmitted or distributed by minor in same 24-hour period; provides that act does not prohibit prosecution of minor for conduct relating to material that includes depiction of sexual conduct or sexual excitement or for stalking.

10 Effective Date: October 1, 2011. Treatment-based Drug Court Programs - Provides that court has discretion to allow offenders with prior violent felony offenses into postadjudicatory treatment-based drug court programs on case-by-case basis; requires all offenders sentenced to 4/26/11 house Laid on Table, refer 2-Mar-11 postadjudicatory drug court program who are drug court HB 81 to CS/SB 400 -- HJ 792. Rouson indet. indet. indet. indet. indet. NO. participants who are subject of violation of probation or community control hearing under specified provisions to have violation of probation or community control heard by judge presiding over drug court program, etc.