Criminal Procedure rule amendment

first_imgThe Florida Bar’s Criminal Procedure Rules Committee has submitted to the Florida Supreme Court an out-of-cycle report proposing amendments to Florida Rule of Criminal Procedure 3.172, Acceptance of Guilty or Nolo Contendere Pleas.The proposed amendments are in response to a request by the court asking the committee to consider the need for an amendment to rule 3.172(c), Determination of Voluntariness, that would address the need to inform defendants of the possible consequences of the Jimmy Ryce Act (sections 394.910-.931, Florida Statutes (2003)).The court invites all interested persons to comment on the committee’s proposals, which are reproduced in full below, as well as online at original and nine paper copies of all comments must be filed with the court on or before February 15, with a certificate of service verifying that a copy has been served on the committee chair, Judge Thomas H. Bateman III, Leon County Courthouse, 301 South Monroe Street, Room 365-C, Tallahassee, Florida 32301-1861, as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case. Electronic copies of all comments also must be filed in accordance with the Court’s Administrative Order In Re: Mandatory Submission of Electronic Copies of Documents, Fla. Admin. Order No. AOSC04-84 (September 13, 2004). Please label envelope to avoid erasure. IN THE SUPREME COURT OF FLORIDA AMENDMENTS TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.172, CASE NO. SC04-2255 RULE 3.172. ACCEPTANCE OF GUILTY OR NOLO CONTENDERE PLEA (a) [No change] (b) [No change] (c) Determination of Voluntariness. Except when a defendant is not present for a plea, pursuant to the provisions of rule 3.180(d), the trial judge should, when determining voluntariness, place the defendant under oath and shall address the defendant personally and shall determine that he or she understands: (1) the nature of the charge to which the plea is offered, the mandatory minimum penalty provided by law, if any, and the maximum possible penalty provided by law; (2) if the defendant is not represented by an attorney, that the defendant has the right to be represented by an attorney at every stage of the proceeding against him or her and, if necessary, one will be appointed to represent him or her; (3) that the defendant has the right to plead not guilty or to persist in that plea if it has already been made and that the defendant has the right to be tried by a jury and at that trial has the right to the assistance of counsel, the right to compel attendance of witnesses on his or her behalf, the right to confront and cross-examine witnesses against him or her, and the right not to be compelled to incriminate himself or herself; (4) that if the defendant pleads guilty, or nolo contendere without express reservation of the right to appeal, he or she gives up the right to appeal all matters relating to the judgment, including the issue of guilt or innocence, but does not impair the right to review by appropriate collateral attack; (5) that if the defendant pleads guilty or is adjudged guilty after a plea of nolo contendere there will not be a further trial of any kind, so that by pleading guilty or nolo contendere he or she waives the right to a trial; (6) that if the defendant pleads guilty or nolo contendere, the trial judge may ask the defendant questions about the offense to which he or she has pleaded, and if the defendant answers these questions under oath, on the record, and in the presence of counsel, the answers may later be used against him or her in a prosecution for perjury; (7) the complete terms of any plea agreement, including specifically all obligations the defendant will incur as a result; and (8) that if he or she pleads guilty or nolo contendere the trial judge must inform him or her that, if he or she is not a United States citizen, the plea may subject him or her to deportation pursuant to the laws and regulations governing the United States Immigration and Naturalization Service. It shall not be necessary for the trial judge to inquire as to whether the defendant is a United States citizen, as this admonition shall be given to all defendants in all cases . ; and (9) that if the defendant pleads guilty or nolo contendere, and the offense to which the defendant is pleading is a sexually violent offense, or if the defendant has been previously convicted of a sexually violent offense, the plea may subject the defendant to involuntary civil commitment as a sexually violent offender upon completion of his or her sentence. (d) – (i) [No change] Committee Notes 1977 Adoption. [No change] 2004 Amendment. Rule 3.172(c)(9) added. See section 394.910, et seq., Fla. Stat.; and State v. Harris , 881 So.2d 1079 (Fla. 2004). Criminal Procedure rule amendment January 15, 2005 Regular Newscenter_img Criminal procedure rule amendmentlast_img read more