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Key Votes

HB 89 - Prohibits Mandatory Sentencing for Certain Convictions of Aggravated Assault - Key Vote

Florida Key Votes

Daphne Campbell voted Yea (Passage) on this Legislation.

Read statements Daphne Campbell made in this general time period.

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Legislation - Bill Passed (Senate) (32-7) - (Key vote)

Title: Prohibits Mandatory Sentencing for Certain Convictions of Aggravated Assault

Vote Smart's Synopsis:

Vote to pass a bill that prohibits mandatory sentencing for a certain convictions of aggravated assault.

Highlights:

  • Prohibits a sentencing court from imposing the mandatory minimum sentence for certain convictions of aggravated assault if the court makes the following written findings (Sec. 2):
    • The defendant had a good faith belief that the aggravated assault was a justifiable use of force under current Florida law;
    • The aggravated assault was not committed while committing another criminal offense;
    • The defendant does not pose a threat to public safety; and
    • The circumstances involved in the offense do not justify the imposition of such offence. 
  • Authorizes an individual to threaten the use of force if the individual believes threatening to use such force is necessary to prevent imminent death or great harm to himself or herself, to another individual, or to prevent a felony from occurring (Sec. 3).
  • Authorizes an individual who uses or threatens to use deadly force to stand their ground and not retreat if he or she is not engaged in a criminal activity and is in a place where the he or she has a right to be (Sec. 3).
  • Specifies that an individual is immune from criminal prosecution or civil action if he or she threatens to use force in a situation when Florida law permits a justified use of force (Sec. 6).  
  • Requires the state attorney, statewide prosecutor, and court to retain the files and records of an individual who is found to have acted in lawful self-defense pursuant to Florida law related to the justifiable use of force (Sec. 10).
  • Authorizes an individual to apply for a certificate of eligibility to expunge the associated criminal history record if he or she is found to have acted in lawful self-defense pursuant to Florida law related to the justifiable use of force (Sec. 10).
  • Rep. Michelle Rehwinkel Vasilinda voted “Yea” after the roll call.
  • Rep. Larry Lee is not listed on our vote breakdown because his vote did not accurately reflect his intentions; he initially voted “Yea” but changed his vote to “Nay” after the roll call.
Legislation - Bill Passed (House) (93-24) - (Key vote)

Title: Prohibits Mandatory Sentencing for Certain Convictions of Aggravated Assault

Vote Smart's Synopsis:

Vote to pass a bill that prohibits mandatory sentencing for a certain convictions of aggravated assault.

Highlights:

  • Prohibits a sentencing court from imposing the mandatory minimum sentence for certain convictions of aggravated assault if the court makes the following written findings (Sec. 2):
    • The defendant had a good faith belief that the aggravated assault was a justifiable use of force under current Florida law;
    • The aggravated assault was not committed while committing another criminal offense;
    • The defendant does not pose a threat to public safety; and
    • The circumstances involved in the offense do not justify the imposition of such offence. 
  • Authorizes an individual to threaten the use of force if the individual believes threatening to use such force is necessary to prevent imminent death or great harm to himself or herself, to another individual, or to prevent a felony from occurring (Sec. 3).
  • Authorizes an individual who uses or threatens to use deadly force to stand their ground and not retreat if he or she is not engaged in a criminal activity and is in a place where the he or she has a right to be (Sec. 3).
  • Specifies that an individual is immune from criminal prosecution or civil action if he or she threatens to use force in a situation when Florida law permits a justified use of force (Sec. 6).  
  • Requires the state attorney, statewide prosecutor, and court to retain the files and records of an individual who is found to have acted in lawful self-defense pursuant to Florida law related to the justifiable use of force (Sec. 10).
  • Authorizes an individual to apply for a certificate of eligibility to expunge the associated criminal history record if he or she is found to have acted in lawful self-defense pursuant to Florida law related to the justifiable use of force (Sec. 10).
  • Rep. Michelle Rehwinkel Vasilinda voted “Yea” after the roll call.
  • Rep. Larry Lee is not listed on our vote breakdown because his vote did not accurately reflect his intentions; he initially voted “Yea” but changed his vote to “Nay” after the roll call.
Legislation - Introduced (House) -

Title: Prohibits Mandatory Sentencing for Certain Convictions of Aggravated Assault

Note:

NOTE: THIS IS A SUBSTITUTE BILL, MEANING THE LANGUAGE OF THE ORIGINAL BILL HAS BEEN REPLACED. THE DEGREE TO WHICH THE SUBSTITUTE BILL TEXT DIFFERS FROM THE PREVIOUS VERSION OF THE TEXT CAN VARY GREATLY.

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