Florida 2019 Regular Session Status: In Committee

HB 1029 — Detention Facilities

Last action — Died in Judiciary Committee, companion bill(s) passed, see CS/HB 7125 (Ch. 2019-167)

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

395 added · 338 removed

395 line(s) added, 338 removed.

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1029 2019 A bill to be entitled An act relating to detention facilities;
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1029 2019 A bill to be entitled An act relating to detention facilities;
creating s.
900.06, F.S.;
defining terms and specifying covered offenses;
requiring that a custodial interrogation at a place of detention be electronically recorded in its entirety in connection with certain offenses;
requiring law enforcement officers who do not comply with the electronic recording requirement or who conduct custodial interrogations at a place other than a place of detention to prepare a specified report;
providing exceptions to the electronic recording requirement;
requiring a court to consider a law enforcement officer's failure to comply with the electronic recording requirements in determining the admissibility of a statement, unless an exception applies;
requiring a court, upon the request of a defendant, to give cautionary instructions to a jury under certain circumstances;
providing immunity from civil liability to law enforcement agencies that enforce certain rules;
providing that no cause of action is created against a law enforcement officer;
providing an exception to a prohibition on contraband for certain legal documents or correspondence;
prohibiting introduction into or possession of certain cellular telephones or other portable communication devices on the grounds of any county detention facility;
prohibiting introduction into or possession of any cellular telephone or other portable Page 1 of 17 CODING:
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hb1029-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1029 2019 communication device on the grounds of any county detention facility;
defining the term "portable communication device";
conforming a cross- reference;
conforming provisions to changes made by the act;
conforming a provision to changes made by the act;
Section 900.06, Florida Statutes, is created to read:
900.06 Recording of custodial interrogations for certain offenses.— (1) As used in this section, the term:
(a) "Custodial interrogation" means questioning or other conduct by a law enforcement officer which is reasonably likely to elicit an incriminating response from an individual and which occurs under circumstances in which a reasonable individual in the same circumstances would consider himself or herself to be in the custody of a law enforcement agency.
(b) "Electronic recording" means an audio recording or an audio and video recording that accurately records a custodial interrogation.
(c) "Covered offense" includes:
1.
Arson.
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hb1029-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1029 2019 2.
Sexual battery.
3.
Robbery.
4.
Kidnapping.
5.
Aggravated child abuse.
6.
Aggravated abuse of an elderly person or disabled adult.
7.
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Aggravated assault with a deadly weapon.
8.
Murder.
9.
Manslaughter.
10.
Aggravated manslaughter of an elderly person or disabled adult.
11.
Aggravated manslaughter of a child.
12.
The unlawful throwing, placing, or discharging of a destructive device or bomb.
13.
Armed burglary.
14.
Aggravated battery.
15.
Aggravated stalking.
16.
Home-invasion robbery.
17.
Carjacking.
(d) "Place of detention" means a police station, sheriff's office, correctional facility, prisoner holding facility, or other governmental facility where an individual may be held in connection with a criminal charge that has been or may be filed against the individual.
(e) "Statement" means a communication that is oral, Page 3 of 17 CODING:
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hb1029-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1029 2019 written, electronic, nonverbal, or in sign language.
(2)(a) A custodial interrogation at a place of detention, including the giving of a required warning, the advisement of the rights of the individual being questioned, and the waiver of any rights by the individual, must be electronically recorded in its entirety if the interrogation is related to a covered offense.
(b) If a law enforcement officer conducts a custodial interrogation at a place of detention without electronically recording the interrogation, the officer must prepare a written report explaining the reason why he or she did not record the interrogation.
(c) As soon as practicable, a law enforcement officer who conducts a custodial interrogation at a place other than a place of detention shall prepare a written report explaining the circumstances of the interrogation at that place and summarizing the custodial interrogation process and the individual's statements made at that place.
(d) Paragraph (a) does not apply:
1.
If an unforeseen equipment malfunction prevents recording the custodial interrogation in its entirety;
2.
If a suspect refuses to participate in a custodial interrogation if his or her statements are to be electronically recorded;
3.
If an equipment operator error prevents recording the Page 4 of 17 CODING:
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hb1029-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1029 2019 custodial interrogation in its entirety;
4.
If the statement is made spontaneously and not in response to a custodial interrogation question;
5.
If the statement is made during the processing of the arrest of a suspect;
6.
If the custodial interrogation occurs when the law enforcement officer participating in the interrogation does not have any knowledge of facts and circumstances that would lead an officer to reasonably believe that the individual being interrogated may have committed a covered offense;
7.
If the law enforcement officer conducting the custodial interrogation reasonably believes that making an electronic recording would jeopardize the safety of the officer, the individual being interrogated, or others;
or 8.
If the custodial interrogation is conducted outside of this state.
(3) Unless a court finds that one or more of the circumstances specified in paragraph (2)(d) apply, the court must consider the circumstances of an interrogation conducted by a law enforcement officer in which he or she did not electronically record all or part of a custodial interrogation in determining whether a statement made during the interrogation is admissible.
If the court admits into evidence a statement made during a custodial interrogation that was not electronically recorded as required under paragraph (2)(a), the Page 5 of 17 CODING:
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hb1029-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1029 2019 court must, upon request of the defendant, give cautionary instructions to the jury regarding the law enforcement officer's failure to comply with that requirement.
(4) A law enforcement agency in this state which has enforced rules adopted pursuant to this section which are reasonably designed to ensure compliance with the requirements of this section is not subject to civil liability for damages arising from a violation of this section.
This section does not create a cause of action against a law enforcement officer.
Section 2.
Any written or recorded communication.
Any written or recorded communication.;
This paragraph does not apply to any documents or correspondence exchanged between a lawyer, paralegal, or other legal staff, and an inmate during a visit to a detention facility if these documents or correspondence are Page 6 of 17 CODING:
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hb1029-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1029 2019 otherwise lawfully possessed and disseminated and relate to legal representation of any person.;
hb1029-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1029 2019 (b) Any currency or coin.;
(b) Any currency or coin.;
(k) Any cellular telephone or other portable communication device intentionally and unlawfully introduced inside the secure perimeter of a county detention facility without prior authorization or consent from the sheriff or officer in charge of such detention facility.
(k) Any cellular telephone or other portable communication device as described in s.
As used in this paragraph, the term "portable communication device" means any device carried, worn, or stored which is designed or intended to receive or transmit Page 7 of 17 CODING:
944.47(1)(a)6.
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words underlined are additions.
hb1029-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1029 2019 verbal or written messages, access or store data, or connect electronically to the Internet, or any other electronic device and which allows communications in any form.
Such devices include, but are not limited to, portable two-way pagers, handheld radios, cellular telephones, Blackberry-type devices, personal digital assistants, laptop computers, or any components of these devices which are intended to be used to assemble such devices.
The term also includes any new technology that is developed for similar purposes.
(2) A person who Whoever violates paragraph (1)(a), paragraph (1)(b), paragraph (1)(c), paragraph (1)(d), paragraph (1)(e), paragraph (1)(f), or paragraph (1)(g) commits a misdemeanor of the first degree, punishable as provided in s.
(2) A person who Whoever violates paragraph (1)(a), (b), (c), (d), (e), (f), or (g) commits a misdemeanor of the first degree, punishable as provided in s.
A person who violates paragraph (1)(h), paragraph (1)(i), paragraph (1)(j), or paragraph (1)(k) commits subsection (1) shall be guilty of a felony of the third degree, punishable as provided in s.
A Page 2 of 19 CODING:
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hb1029-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1029 2019 person who violates paragraph (1)(h), (i), (j), or (k) commits subsection (1) shall be guilty of a felony of the third degree, punishable as provided in s.
Section 3.
Section 2.
Paragraph (f) of subsection (3) of section 921.0022, Florida Statutes, is amended to read:
Paragraphs (d) and (f) of subsection (3) of section 921.0022, Florida Statutes, are amended to read:
offense severity ranking chart.— Page 8 of 17 CODING:
offense severity ranking chart.— (3) OFFENSE SEVERITY RANKING CHART (d) LEVEL 4 Florida Felony Statute Degree Description 316.1935(3)(a) 2nd Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements.
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hb1029-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1029 2019 (3) OFFENSE SEVERITY RANKING CHART (f) LEVEL 6 Florida Felony Description Statute Degree 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
hb1029-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1029 2019 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
517.07(1) 3rd Failure to register securities.
517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register.
784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
784.075 3rd Battery on detention or commitment facility staff.
784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
784.08(2)(c) 3rd Battery on a person 65 years of age or older.
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hb1029-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1029 2019 784.081(3) 3rd Battery on specified official or employee.
784.082(3) 3rd Battery by detained person on visitor or other detainee.
784.083(3) 3rd Battery on code inspector.
784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
787.03(1) 3rd Interference with custody;
wrongly takes minor from appointed guardian.
787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
787.04(3) 3rd Carrying child beyond state lines with criminal intent to Page 5 of 19 CODING:
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hb1029-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1029 2019 avoid producing child at custody hearing or delivering to designated person.
787.07 3rd Human smuggling.
790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
790.115(2)(c) 3rd Possessing firearm on school property.
800.04(7)(c) 3rd Lewd or lascivious exhibition;
offender less than 18 years.
810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure;
unarmed;
no assault or battery.
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hb1029-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1029 2019 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance;
unarmed;
no assault or battery.
810.06 3rd Burglary;
possession of tools.
810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
812.014(2)(c)3.
3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
812.014 3rd Grand theft, 3rd degree, a (2)(c)4.-10.
will, firearm, motor vehicle, livestock, etc.
812.0195(2) 3rd Dealing in stolen property by use of the Internet;
property stolen $300 or more.
817.505(4)(a) 3rd Patient brokering.
817.563(1) 3rd Sell or deliver substance other Page 7 of 19 CODING:
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hb1029-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1029 2019 than controlled substance agreed upon, excluding s.
893.03(5) drugs.
817.568(2)(a) 3rd Fraudulent use of personal identification information.
817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder.
817.625(2)(c) 3rd Possess, sell, or deliver skimming device.
828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
837.02(1) 3rd Perjury in official proceedings.
837.021(1) 3rd Make contradictory statements in official proceedings.
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hb1029-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1029 2019 838.022 3rd Official misconduct.
839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
843.021 3rd Possession of a concealed handcuff key by a person in custody.
843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer;
offender less Page 9 of 19 CODING:
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hb1029-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1029 2019 than 18 years.
874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
893.13(2)(a)1.
2nd Purchase of cocaine (or other s.
893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)5.
drugs).
914.14(2) 3rd Witnesses accepting bribes.
914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
918.12 3rd Tampering with jurors.
934.215 3rd Use of two-way communications device to facilitate commission of a crime.
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hb1029-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1029 2019 951.22(1)(h), 3rd Intoxicating drug, cellular (j), & (k) telephone, or instrumentality to aid escape introduced into county detention facility.
(f) LEVEL 6 Florida Felony Statute Degree Description 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement.
499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction Page 11 of 19 CODING:
499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
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hb1029-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1029 2019 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
hb1029-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1029 2019 statement.
499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
784.048(5) 3rd Aggravated stalking of person under 16.
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784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
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hb1029-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1029 2019 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
hb1029-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1029 2019 784.048(5) 3rd Aggravated stalking of person under 16.
784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
restraining with purpose other than those in s.
restraining with purpose other than those Page 13 of 19 CODING:
787.01.
790.115(2)(d) 2nd Discharging firearm or weapon on school property.
790.161(2) 2nd Make, possess, or throw Page 11 of 17 CODING:
hb1029-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1029 2019 destructive device with intent to do bodily harm or damage property.
hb1029-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1029 2019 in s.
787.01.
790.115(2)(d) 2nd Discharging firearm or weapon on school property.
790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
794.05(1) 2nd Unlawful sexual activity with specified minor.
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800.04(5)(d) 3rd Lewd or lascivious molestation;
victim 12 years of age or older but less than 16 years of age;
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hb1029-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1029 2019 offender less than 18 years.
hb1029-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1029 2019 794.05(1) 2nd Unlawful sexual activity with specified minor.
800.04(5)(d) 3rd Lewd or lascivious molestation;
victim 12 years of age or older but less than 16 years of age;
offender less than 18 years.
2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
2nd Property stolen $20,000 or more, but less than $100,000, Page 15 of 19 CODING:
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hb1029-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1029 2019 grand theft in 2nd degree.
property stolen Page 13 of 17 CODING:
property stolen $300 or more;
Words stricken are deletions;
words underlined are additions.
hb1029-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1029 2019 $300 or more;
825.102(1) 3rd Abuse of an elderly person or disabled adult.
825.102(1) 3rd Abuse of an elderly person or Page 16 of 19 CODING:
825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled Page 14 of 17 CODING:
hb1029-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1029 2019 adult.
hb1029-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1029 2019 disabled adult.
825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
836.10 2nd Written threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
836.10 2nd Written threats to kill, do bodily injury, or conduct a Page 17 of 19 CODING:
843.12 3rd Aids or assists person to escape.
847.011 3rd Distributing, offering to distribute, or possessing with Page 15 of 17 CODING:
hb1029-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1029 2019 intent to distribute obscene materials depicting minors.
hb1029-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1029 2019 mass shooting or an act of terrorism.
843.12 3rd Aids or assists person to escape.
847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
3rd Committing malicious battery upon or inflicting cruel or Page 18 of 19 CODING:
944.40 2nd Escapes.
944.46 3rd Harboring, concealing, aiding Page 16 of 17 CODING:
hb1029-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1029 2019 escaped prisoners.
hb1029-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1029 2019 inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
944.40 2nd Escapes.
944.46 3rd Harboring, concealing, aiding escaped prisoners.
951.22(1)(h)-(k) 3rd Introduction of contraband into 951.22(1) county detention facility Intoxicating drug, firearm, or weapon introduced into county facility.
951.22(1)(i) 3rd Intoxicating drug, Firearm, or 951.22(1) weapon introduced into county detention facility.
Section 4.
Section 3.
This act shall take effect January 1, 2020.
This act shall take effect October 1, 2019.
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hb1029-00
hb1029-01-c1
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Action History

  1. Died in Judiciary Committee, companion bill(s) passed, see CS/HB 7125 (Ch. 2019-167)

  2. Indefinitely postponed and withdrawn from consideration

  3. Now in Judiciary Committee

  4. Favorable by Justice Appropriations Subcommittee; YEAS 12 NAYS 0

  5. On Committee agenda-- Justice Appropriations Subcommittee, 04/02/19, 1:00 pm, Mashburn Hall

  6. Now in Justice Appropriations Subcommittee

  7. CS by Criminal Justice Subcommittee read 1st time

  8. Pending review of CS under Rule 7.18(c)

  9. CS by Criminal Justice Subcommittee; YEAS 11 NAYS 1

  10. On Committee agenda-- Criminal Justice Subcommittee, 03/26/19, 8:00 am, Sumner Hall

  11. Introduced

  12. Referred to Criminal Justice Subcommittee; Justice Appropriations Subcommittee; Judiciary Committee

  13. Filed

Sponsors

  • Beltran · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 163 not signed on

Sponsors (1)

  • Beltran

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

Show all 163 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 12 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Republican 4000
Democrat 1000
Total 12000
% of votes cast 100%0%0%0%
How each member voted (12)
Member Party Vote
Byrd — Yea
Payne — Yea
Pritchett — Yea
Renner — Yea
Beltran — Yea
Fernandez-Barquin — Yea
Slosberg — Yea
Gottlieb, Michael "Mike" Democrat Yea
DiCeglie, Nick Republican Yea
Plakon, Rachel Saunders Republican Yea
Stark, Paula A. Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Passed 11 Yea · 1 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 9102
Republican 1000
Democrat 1000
Total 11102
% of votes cast 79%7%0%14%
How each member voted (14)
Member Party Vote
Donalds — Yea
Eagle — Not Voting
Santiago — Yea
Bush — Nay
Fernandez-Barquin — Yea
Fitzenhagen — Yea
Grieco — Yea
Hattersley — Yea
Roach — Yea
Robinson — Yea
Sabatini — Not Voting
Webb — Yea
Gottlieb, Michael "Mike" Democrat Yea
McClain, Stan Republican Yea

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 1029?
HB 1029 is sponsored by Beltran.
What is the current status of HB 1029?
This bill died with 2019 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 1029?
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