2017 LEGISLATIVE SUMMARY: CRIMINAL JUSTICE VERSION
Criminal Law Section
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Highlights of some of the criminal
justice-related bills signed into law
during the 2017 legislative session.
T
his article highlights
some of the criminal
justice-related bills
that were signed
into law by Governor Rick Scott
during the 2017 legislative session.
The summaries are taken from
legislative analyses. Any opinions
expressed in the legislative analyses
do not necessarily reflect those of
the author of this article. Please
read the legislation itself for a more
in-depth understanding of the bills.
Sentencing for Capital Felonies,
SB 280, signed 3/13/17, effective
3/13/17
- SB 280 amends the death
penalty sentencing statutes to
require jury unanimity in death
penalty sentencing procedures.
In October 2016, the Florida
Supreme Court, in Hurst v. State,
held that in order for the death
penalty to be imposed, the
sentencing phase jury (if the
jury was not waived) must
vote unanimously for a death
sentence. The holding in Hurst
v. State was applied to the 2016
death penalty sentencing statutes
challenged in Perry v. State.
Amending sections 921.141
and 921.142, Florida Statutes,
to require unanimity in the jury
vote for death will satisfy the
constitutional requirements
the Florida Supreme Court
announced in Hurst and Perry.
3
Public Records Exemption for
Murder Witnesses, HB 111,
signed 5/10/17, effective 7/1/17
- HB 111 exempts from public
records disclosure law the
personal identifying information
of a witness to a murder for
two years from the date witness
observed the murder. But a
criminal justice agency may
disclose the information to the
parties in a pending criminal
prosecution if required by law.
Law Enforcement Body
Cameras, HB 305, signed 5/10/17,
effective 7/1/17
- HB 305 requires law enforcement
agencies to establish policies and
procedures authorizing an officer
to review camera footage of an
incident before writing a report
or providing a statement.
Reduction of Criminal Penalties
for Certain Acts, SB 608, died in
Transportation Committee
- SB 608 would have reduced the
penalties for numerous criminal
acts. Notably, it would have:
• Reduced driver’s license suspen -
sion for conviction of possession
of a controlled substance from
one year to six months
• Raised the threshold for grand
theft from $300 to $1,000
• Deleted the felony
enhancement for three or more
convictions for petit theft
SB 980, died in Criminal Justice
Committee
- SB 980 would have provided
for, with some exceptions, non -
judicial expunction of criminal
history records upon application
and approval by the Florida
Department of Law Enforce -
ment for any case that did not
result in a conviction. There
would not have been any limit
on the number of nonjudicial
expunctions by a person. It also
would have amended some
current limitations on eligibility
and procedures.
Public Records Exemption for
Dismissed Domestic Violence
Protective Injunctions, HB 239,
signed 5/9/17, effective 7/1/17
- HB 239 exempts from public
record requests a petition for
an injunction (and its contents)
for protection against domestic
violence, repeat violence, dating
violence, sexual violence, stalking,
or cyberstalking that is dismissed
without a hearing, dismissed at
an ex parte hearing due to failure
to state a claim or lack of jurisdic-
tion, or dismissed for any reason
having to do with
the sufficiency
of the petition
itself without
an injunction
being issued.
Author: Adam L.
Bantner, II - The
Bantner Firm
Nonjudicial Expunction of
Criminal History Records,
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