SB 1656 — Criminal Statutes

Florida Senate - 2019 CS for SB 1656 By Senatorthe LeeCommittee 20-01376B-19on 20191656__Criminal AJustice; bill to be entitled An act relating to amendment of criminal statutes;

and Senators Lee and Rouson 591-03685-19 20191656c1 A bill to be entitled An act relating to criminal statutes;

providing legislative intent;

providingspecifying that an act of the Legislaturereenactment which reenacts, revises, or amendsamendment of a criminal statute mayoperates notprospectively beand considereddoes anot repealaffect underor aabate specified provisioncircumstances; of the State Constitution;

specifyingproviding thatexceptions; the reenactment, revision, or amendment of an existing criminal statute only operates prospectively unless expressly provided otherwise in such an act;

providing that a reference to any other chapter, part, section, or subdivision of the Florida Statutes in a criminal statute or a reference within a criminal statute constitutes a general reference under the doctrine of incorporation by reference;

1315 Be It Enacted by the Legislature of the State of Florida:

1517 Section 1. Section 775.022, Florida Statutes, is created to read:

775.022 Effect of reenactment,reenactment revision, or amendment of criminal statutes.—statutes; (1) As used in this section, the term “criminal statute” means chapters 775-896 and any other law of this state which prohibits an act or omission and provides a criminal penalty, regardless of the degree of the offense.

(2) Anyreferences actin of the Legislature reenacting, revising, or amending a criminal statutestatutes.— may(1) It notis bethe consideredintent a repeal of suchthe statuteLegislature forthat: purposes of s.

(a) This section preclude the application of the common law doctrine of abatement to a reenactment or an amendment of a criminal statute;

and (b) An act of the Legislature reenacting or amending a criminal statute not be considered a repeal or an implied repeal of such statute for purposes of s.

(3) Except(2) As asused expresslyin providedthis insection, anthe actterm of“criminal thestatute” Legislature,means thea reenactment,statute, revision,whether substantive or amendmentprocedural, bydealing lawin ofany anway existingwith criminala statutecrime operatesor prospectivelyits andpunishment, doesdefining nota affectcrime or abatea anydefense ofto a crime, or providing for the following:punishment of a crime.

(a) The(3) Except prioras operationexpressly provided in an act of the statuteLegislature or anyas prosecutionprovided in subsections (4) and (5) the reenactment or enforcementamendment thereunder.of a criminal statute operates prospectively and does not affect or abate any of the following:

(b) Any(a) The violationprior operation of the statute basedor ona anyprosecution act or omissionenforcement occurringthereunder. prior to the effective date of the act.

(c) Any(b) A priorviolation penalty,of priorthe forfeiture,statute orbased prioron punishmentany incurredact or imposedomission underoccurring before the statute.effective date of the act.

(c) A prior penalty, prior forfeiture, or prior punishment incurred or imposed under the statute.

(4) If a penalty, forfeiture, or punishment for a violation of a criminal statute is reduced by a reenactment or an amendment of a criminal statute, the penalty, forfeiture, or punishment, if not already imposed, must be imposed according to the statute as amended.

(5) This section shall not apply to limit the retroactive effect of any defense to a criminal statute enacted or amended by the Legislature to any criminal case that has not yet reached final judgment.

(6) A reference to any other chapter, part, section, or subdivision of the Florida Statutes in a criminal statute or a reference within a criminal statute constitutes a general reference under the doctrine of incorporation by reference.