SB 1308 — Criminal Justice

Florida Senate - 2020 CS for SB 1308 By Senatorthe BrandesCommittee 24-00771D-20on 20201308__Criminal AJustice; bill to be entitled An act relating to criminal justice;

and Senators Brandes and Bracy 591-03084-20 20201308c1 A bill to be entitled An act relating to criminal justice;

providing forlegislative retroactiveintent; application of a specified provision relating to review of sentence for juvenile offenders convicted of murder;

providing for retroactive application of a specified provision relating to a review of sentence for juvenile offenders convicted of murder;

precluding eligibility for a sentence review for young adult offenders who previously committed, or conspired to commit, specifiedmurder; offenses;

5960 Be It Enacted by the Legislature of the State of Florida:

6162 Section 1. This act may be cited as “The Second Look Act.” Section 2. Paragraph (b) of subsection (9) of section 775.082, Florida Statutes, is amended to read:

921.1401921.1402 or s.

921.1402921.1403, respectively, may be resentenced and released from imprisonment if a court deems the resentencing appropriate in accordance with the review requirements under such sections.

However, a juvenile offender is not entitled to review if he or she has previously been convicted of committing one of the following offenses, or of conspiracy to commit one of the following offenses, murder and if the murder offense for which the person was previously convicted was part of a separate criminal transaction or episode than the murder that which resulted in the sentence under s.

reviewlegislative ofintent; sentence.—A juvenile offender, as defined in s.

921.1402,review whoof wassentence.— convicted(1) It andis sentencedthe underintent of the Legislature to retroactively apply the amendments made to s.

921.1402(2)(a),921.1402 excludingwhich are effective on July 1, 2020, only as provided in this section, to juvenile offenders convicted of a capital offense and sentenced under s.

921.1402(2)(a)1.,775.082(1)(b)1. as it existed on or before June 30, 2020, is entitled to a review of his or her sentence after 25 years or, if on July 1, 2020, 25 years have already passed since the sentencing, immediately.

who have been ineligible for sentence review hearings because of a previous conviction of an offense enumerated in s.

921.1402(2)(a) thereby providing such juvenile offenders with an opportunity for consideration by a court and an opportunity for release if deemed appropriate under law.

(2) A juvenile offender, as defined in s.

921.1402, who was convicted for a capital offense and sentenced under s.

775.082(1)(b)1., and who was ineligible for a sentence review hearing pursuant to s.

921.1402(2)(a)2.-10.

as it existed before July 1, 2020, is entitled to a review of his or her sentence after 25 years or, if on July 1, 2020, 25 years have already passed since the sentencing, immediately.

(2) A young adult offender is not entitled to a sentence review under this section if he or she has previously been convicted of committing, or of conspiring to commit, anymurder ofif the followingmurder offensesoffense andfor ifwhich the offenseperson was previously convicted was part of a separate criminal transaction or episode than that which resulted in the sentence under s.

775.082(3)(a)1., 2., 3., 4., or 6., or (b)1.:(b)1.

(a) Section 782.04(1)(a)1.;

(b) Section 782.04(1)(a)3.;

or (c) Section 782.04(2).