TALLAHASSEE, Fla. (WCTV/Gray Florida Capital Bureau) – Judges in Florida will soon have less discretion to let certain violent offenders remain free while they await sentencing.
Gov. Ron DeSantis signed “Missy’s Law” on Tuesday. Supporters say it will save lives, but defense attorneys argue it could unnecessarily jail more people and complicate plea deals.
Five-year-old Missy Mogle was killed in Tallahassee last year. Her stepfather is charged with her death after investigators say it happened while he was out of jail, waiting to be sentenced in another case. Ashley Chambers, a neighbor of Missy’s family, said her story is changing how Florida handles certain convictions.
“I think it’s unfortunate that a law like this has to exist in the first place,” Chambers said. “But the fact that Missy’s legacy will be changing that and protecting other children and other people in the community in the future, I think, is an important legacy for her to have.”
Under House Bill 445, individuals found guilty of or entering a plea for a dangerous crime will be immediately remanded into custody and held without bond while awaiting sentencing. The legislation also expands the statutory list of dangerous crimes to include certain computer pornography and child exploitation offenses.
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The law applies to 27 categories of dangerous crimes, including arson, aggravated assault, aggravated battery, illegal use of explosives, child abuse or aggravated child abuse, abuse of an elderly person or disabled adult, aircraft piracy, kidnapping, homicide, manslaughter, sexual battery, robbery, carjacking, lewd or lascivious acts upon or in presence of a child under 16, sexual activity with a child by a person in familial or custodial authority, burglary of a dwelling, stalking and aggravated stalking, acts of domestic violence, home invasion robbery, acts of terrorism, manufacturing controlled substances, human trafficking, drug trafficking, extortion, written threats to kill and attempting or conspiring to commit any such crime.
“Just in terms of protecting the public, once one of these guys are convicted, you’ve got to pull out all of the stops to protect these kids,” DeSantis said.
“Missy’s Law removes judicial discretion and ensures dangerous criminals are locked up after conviction,” said Attorney General James Uthmeier.
Defense attorneys say the mandatory lockup can change the leverage in negotiations, especially when multiple defendants are involved, and one person’s plea is tied to another’s cooperation.
“The effect of this bill is going far beyond what is necessary in order to address what happened in Missy’s case,” said Aaron Wayt of the Florida Association of Criminal Defense Lawyers. “We’re telling the judge, the prosecutor and the defense attorney in the courtroom, ‘hey, you can’t take that plea without that person going to jail.’”
Chambers said the goal is simple.
“I’m hopeful the law will help communities be safer,” she said.
The new law takes effect July 1.
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