While perusing the latest version of CS/HB 119 (read for the 1st time 3/9/10), the last couple of sections of the bill popped out at me.
(...)
(1846)Section 15. The Legislature intends that nothing in this
(1847))act reduce or diminish a court's jurisdiction.
(1848)Section 16. If any provision of this act or its
(1849)application to any person or circumstance is held invalid, the
(1850)invalidity does not affect other provisions or applications of
(1851)this act which can be given effect without the invalid provision
(1852)or application, and to this end the provisions of this act are
(1853)declared severable.
Nothing in this act reduces or diminishes a court jurisdiction.
And if any provision is held invalid, it doesn't effect any other provisions of the act.
Sounds sort of promising, doesn't it? As if the Florida Legislature were granting judges some sort of discretion within the law.
In the case of my family, a judge ruled my loved one was not a sex offender and that sex offender probation need not apply; however, had we known (hell, if the attorney had known) that a solicitation conviction under F.S. 800.04 carried the same weight as if an actual lewd and lascivious act had occurred, I guarantee our attorney would've asked for a continuance to plead down from any charge remotely connected with sex offender laws.
But you know what is said about hindsight....
So, I checked to see if F.S. 943.0436 was a cited statute in the creation of F.S. 856.022, the latest proposed addition to Florida sex offender law. It was not, no big surprise there.
In brief, F.S. 943.0436 legislatively removes the power of a judge to impose a fair and just sentence for first time (or otherwise) offenders, quite effectively stripping citizens from the right of legal due process. Why the law I affectionately refer to as the judicial handcuff has not been championed by the ACLU is beyond me.
I imagine that's what an appeals court is all about. That is, if one has enough money and enough of an ego to endure the humiliation.
What you (and your attorney) don't know about sex offender law can hurt you.
6 comments:
It is going to be interesting to see what is left of the two bills by the time the legislature is done with them. Hell, I already can't keep up with all the amendments. I was going to watch the judicial meeting for the Senate bill today and instead of having that they had some stupid health committee on. Who makes the decisions of what to do live stream on and how long does it take them to decide which committee meeting is the least interesting and valuable to the public so they can put that on.
Sunshine laws---yea sure. Very selective. So, how many people except rich lobbyists can afford to spend 10 hours running up to Tallahassee and 10 back.
I checked and being there is the ONLY way you can testify. Nothing video. With all the technology in this day and age and the fact that our capital is as far away from the rest of the state as it can be, you would think they would do SOMETHING so that the average citizen who is concerned and had knowledge and passion about a subject would be able to testify without breaking their bank.
I did email the committee, guess it did no good, or will find out when the next amendment comes out.
Severability (here in Washington) is something that says that if it is unconstitutional for you, it isn't unconstitutional for everyone.
It's a convenient way for the Legislature to make it so that each and every person has to fight it in court. If John Doe wins, it won't effect you. You have to fight it in court to get it to apply to your situation.
Magister, appears the Senate bill amendments were withdrawn--let us know what you find out.
Avendora, thanks for the info and that actually makes sense. It's sort of a like a legal disclaimer.
Have either of you thought about filing a civil rights complaint, as a RSO or on behalf of family members?
The amendment to sb 1284 is numbered 180122 and preempts residency restrictions to the state and those are the 1000' restrictions- EXCEPT- any county can have an ordinance up to 2500' and this is retroactive....does not matter when law or ordinance is passed or when your crime is.
So to translate politic speak
WE ARE JUST AS SCREWED AS WE WERE BEFORE BUT NOW WE HAVE "CHILD SAFETY ZONES" TOO.
FURTHER TRANSLATION IS SENATOR ARONBERG SCREWED US SO BADLY THAT I WISH THERE WAS A LAW TO PUT HIM ON THE REGISTRY!
I AM SO SICK AND TIRED OF GETTING IT IN THE A$$ BY THESE LYING, SELF SERVING, PIECES OF POOP THAT I SWEAR THAT I WILL NEVER TRUST ONE OF THEM AGAIN. IT IS AMAZING HOW THEY CAN LOOK YOU RIGHT IN THE EYES AND WITH THE PUPPY DOG FACE OF THE BIG "I'M WITH YA SMILE AND LIE WITHOUT CONSCIENCE.
And yes, I WAS yelling.
Well, let's hope the bill never makes it through. And that's likely.
Have you tried to contact DA and let him know how you really feel?
:)
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