SB 1230 — Criminal Judgments

Florida Senate - 2018 CS for SB 1230 By Senatorthe BaxleyCommittee 12-01205-18on 20181230__Criminal AJustice; bill to be entitled An act relating to criminal judgments;

and Senator Baxley 591-02890A-18 20181230c1 A bill to be entitled An act relating to criminal judgments;

812.014, F.S.;

requiring that judgments of guilty or not guilty of petit theft be in a written record or an electronic record with the judge’s electronic signature, recorded by the clerk of the circuit court;

conforming provisions to changes made by the act;

amending s.

requiringdefining thatterms; all judgments of guilty and not guilty for felonies and misdemeanors be documented in a written or electronic record;

requiring athat judgejudgments toof causeguilty toor benot gathered,guilty eitherof manuallya orfelony electronically,be in hisa orwritten herrecord presenceor inan openelectronic courtrecord with the fingerprintsjudge’s andelectronic socialsignature, securityrecorded numberby ofthe aclerk defendant found guilty of athe felonycircuit orcourt; a misdemeanor;

providingrequiring that afor an electronic judgment of guiltyguilty, isthe admissiblefingerprints asof evidencea underdefendant be electronically captured and a certain circumstances;certification be included;

authorizingrequiring athe judge to electronicallyplace signhis an electronic judgment of guilty or nother guiltyelectronic andsignature aon certificate documenting the electronicallycertificate; gathered fingerprints;

definingconforming theprovisions termto “electronicchanges signature”;made by the act;

repealingamending s.

deletingrequiring provisionsthat requiringspecified judgments of guiltguilty forbe certainin violationsa towritten berecord inor writing,an signedelectronic byrecord awith judge,the andjudge’s electronic signature, recorded by athe clerk of the circuit court;

deletingconforming aprovisions provisionto requiringchanges themade gatheringby of a defendant’s fingerprints and the judge’sact; accompanying certification;

deleting a provision providing for the admissibility of the judgment of guilt under certain circumstances;

3028 Be It Enacted by the Legislature of the State of Florida:

3230 Section 1. Section1. Paragraph 921.241,(d) of subsection (3) of section 812.014, Florida Statutes, is amended to read:

921.241 Criminal812.014 Theft.— Felony(3) judgments;(d)1. A Every judgment of guilty or not guilty of a petit theft shall be in:

fingerprintsa. A andwritten socialrecord securitythat numberis requiredwriting, insigned record.—by (1) At the timejudge, aand defendantrecorded isby foundthe guiltyclerk of a felony, the judgecircuit shallcourt; cause the defendant’s fingerprints to be taken.

(2) A Every judgment of guilty or notb. An guilty of a felony or misdemeanor shall be in a written or an electronic record writing,that signedcontains by the judge,judge’s andelectronic recordedsignature, byas thedefined clerkin ofs. the court.

(2) At933.40, theand time a defendant is foundrecorded guiltyby of a felony or misdemeanor, the judgeclerk shall cause all of the followingcircuit tocourt. occur to be affixed to every written judgment of guilty of a felony, in open court, in the presence of such judge, and at the time the judgment is rendered:, (a) The fingerprints of the defendant shall be taken manually or electronically and against whom such judgment is rendered.

Such2. At fingerprintsthe time a defendant is found guilty of petit theft, the judge shall because attachedthe following to occur to be affixed beneathto every such written judgment of guilty of petit theft, in open court and in the judge’spresence signatureof onsuch judge:, a. For a written judgment of guilty, the tofingerprints of the defendant against whom such judgment.judgment is rendered shall be manually taken.

BeneathSuch such fingerprints shall be attachedaffixed appendedbeneath athe certificatejudge’s tosignature on the followingto effect:such judgment.

“IBeneath herebysuch certify that the above and foregoing fingerprints onshall thisbe judgmentappended area thecertificate fingerprintsto of the defendant,following ....,effect: and that they were placed thereon by said defendant in my presence, in open court, this the ....

day52 of“I ....,hereby ...(year)....”certify 59that Suchthe certificateabove shalland beforegoing signedfingerprints byon thethis judge,judgment whoseare signaturethe theretofingerprints shallof bethe followeddefendant, by...., theand wordthat “Judge.”they (b) Thewere socialplaced securitythereon numberby ofsaid the defendant shallin bemy takenpresence, andin indicatedopen oncourt, this the judgment.....

Ifday theof defendant...., is...(year)....” unable58 orSuch unwillingcertificate toshall providebe hissigned orby her social security number, the reasonjudge, forwhose itssignature absencethereto shall be indicatedfollowed onby the judgment.word “Judge.” b. For an electronic judgment of guilty, s.

(3) A921.241(3)(b) Anyapplies. such written judgment of guilty of a felony, or a certified copy thereof, shall be admissible in evidence in the several courts of this state as prima facie evidence that the fingerprints appearing thereon and certified by the judge as aforesaid are the fingerprints of the defendant against whom such judgment of guilty of a felony was rendered.

(4) A3.2. A judgeAny maysuch electronicallywritten sign:or an electronic judgment of guilty of a petit theft, or a certified copy thereof, is admissible in evidence in the courts of this state as provided in s.

(a) An921.241(4) electronicprima judgmentfacie ofevidence guiltythat orthe notfingerprints guiltyappearing underthereon subsectionand (1)certified ifby the judge determines,are afterthe examinationfingerprints of the electronicdefendant record,against thatwhom such recordjudgment accuratelyof reflectsguilty theof judgmenta enteredpetit bytheft thewas court.rendered.

(b) TheSection certificate2. Section required921.241, underFlorida paragraphStatutes, (2)(a)is ifamended the judge witnesses the electronic taking of the defendant’s fingerprints and certifies that such fingerprints have been attached to theread: judgment by reliable electronic means.

(5) As921.241 Felony usedjudgments; in this section, the term “electronic signature” has the same meaning as in s.

933.40fingerprints Atand thesocial timesecurity thenumber defendant’srequired fingerprintsin arerecord.— taken,(1) As theused judgein shallthis alsosection, cause the defendant’sterm: social security number to be taken.

The(a) “Electronic defendant’ssignature” socialhas securitythe numbersame shallmeaning beas affixed to every written judgment of guilty of a felony, in opens. court, in the presence of such judge, and at the time the judgment is rendered.

If933.40. the defendant is unable or unwilling to provide his or her social security number, the reason for its absence shall be indicated on the written judgment.

Section(b) “Transaction 2. Sectioncontrol 921.242,number” Floridameans Statutes,the unique identifier comprised of numbers, letters, or other symbols for a digital fingerprint record which is repealed.generated by the device used to electronically capture the fingerprints At the time a defendant is found guilty of a felony, the judge shall cause the defendant’s fingerprints to be taken.

Section(2) A 3. ForEvery thejudgment purpose of incorporatingguilty theor amendmentnot madeguilty byof this act to section 921.241, Florida Statutes, in a referencefelony thereto,shall paragraphsbe (a),in: (b), and (c) of subsection (3) of section 775.084, Florida Statutes, are reenacted to read:

(a) A written record that is writing, signed by the judge, and recorded by the clerk of the court;

or (b) An electronic record that contains the judge’s electronic signature and is recorded by the clerk of the court.

(3) At the time a defendant is found guilty of a felony, the judge shall cause the following to occur to be affixed to every written judgment of guilty of a felony, in open court and, in the presence of such judge:

(a) For a written judgment of guilty, and at the time the judgment is rendered, the fingerprints of the defendant shall be manually taken and against whom such judgment is rendered.