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CMH:kjf
2019 - 2020 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO ASSEMBLY BILL 805
February 5, 2020 - Offered by Representative Sortwell.
AB805-AA1,1,11 At the locations indicated, amend the bill as follows:
AB805-AA1,1,3 21. Page 1, line 3: delete “crime" and substitute “felony or a violent
3misdemeanor".
AB805-AA1,1,5 42. Page 2, line 1: delete “crime," and substitute “ felony or a violent
5misdemeanor, as defined in s. 941.29 (1g) (b),
".
AB805-AA1,1,6 63. Page 2, line 2: after that line insert:
AB805-AA1,1,7 7 Section 1f. 302.113 (8m) (c) of the statutes is created to read:
AB805-AA1,1,138 302.113 (8m) (c) If the department is required to recommend revocation under
9par. (a) and the charges are dismissed or the person is found not guilty of the charges
10filed, the person shall be released to extended supervision and provided with credit
11in accordance with s. 304.072. Unless the dismissed charge is refiled, the person's
12extended supervision may not be revoked for the same act for which the person was
13charged even if the act is a violation of a condition or rule.”.
AB805-AA1,2,2
14. Page 2, line 8: delete “crime," and substitute “ felony or a violent
2misdemeanor, as defined in s. 941.29 (1g) (b),
".
AB805-AA1,2,3 35. Page 2, line 9: after that line insert:
AB805-AA1,2,4 4 Section 2f. 302.114 (8m) (c) of the statutes is created to read:
AB805-AA1,2,105 302.114 (8m) (c) If the department is required to recommend revocation under
6par. (a) and the charges are dismissed or the person is found not guilty of the charges
7filed, the person shall be released to extended supervision and provided with credit
8in accordance with s. 304.072. Unless the dismissed charge is refiled, the person's
9extended supervision may not be revoked for the same act for which the person was
10charged even if the act is a violation of a condition or rule.”.
AB805-AA1,2,12 116. Page 2, line 17: delete “crime," and substitute “ felony or a violent
12misdemeanor, as defined in s. 941.29 (1g) (b),
".
AB805-AA1,2,17 137. Page 2, line 18: after “revoked." insert “If the charges are dismissed or the
14person is found not guilty of the charges filed, the person shall be released to parole
15and provided with credit in accordance with s. 304.072. Unless the dismissed charge
16is refiled, the person's parole may not be revoked for the same act for which the
17person was charged even if the act is a violation of a condition or rule.
".
AB805-AA1,2,18 188. Page 3, line 8: after that line insert:
AB805-AA1,2,19 19 Section 3f. 304.072 (2) of the statutes is amended to read:
AB805-AA1,3,420 304.072 (2) If a parolee, probationer or person on extended supervision is
21alleged to have violated the terms of his or her supervision but the department or
22division determines that the alleged violation was not proven, the period between the
23alleged violation and the determination shall be treated as service of the
24probationary, extended supervision, or parole period. If a person is released under

1s. 302.113 (8m) (a), 302.114 (8m) (a), 304.06 (3), or 973.10 (2) (intro.) due to a
2dismissal of a charge or a finding of not guilty, the period between the
3recommendation to revoke and the release shall be treated as service of the
4probationary, extended supervision, or parole period.
”.
AB805-AA1,3,6 59. Page 3, line 13: delete “crime," and substitute “ felony or a violent
6misdemeanor, as defined in s. 941.29 (1g) (b),
".
AB805-AA1,3,12 710. Page 3, line 13: after “revoked." insert “If the charges are dismissed or the
8person is found not guilty of the charges filed, the person shall be released to
9probation and provided with credit in accordance with s. 304.072. Unless the
10dismissed charge is refiled, the person's probation may not be revoked for the same
11act for which the person was charged even if the act is a violation of a condition or
12rule.
".
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