BY LLOYD DUNKELBERGER
TALLAHASSEE -- For two years in a row, state lawmakers have rejected the "Anti-Murder Act."
It's up for the third time this year and although the House voted 115-0 for it last week, there is no guarantee it will pass before the Legislature adjourns Friday.
It may seem odd that lawmakers can't embrace an "anti-murder" bill. Their reluctance hardly means they're soft on crime. But it points to the complications of trying to act quickly in the wake of a high-profile crime, like the murder of 11-year-old Carlie Brucia in Sarasota two years ago.
The idea behind the bill was relatively simple. In the Brucia killing as well as a multiple murder in Volusia County and the deaths of Jessica Lunsford in Citrus County and Sarah Lunde in Hillsborough, felons who had violent pasts and later violated their probation were charged with the murders.
Two years ago, Attorney General Charlie Crist came forward with the legislation that would send violent felons back to prison if they violated their probation.
And being no stranger to politically popular crime legislation, Crist, who is running for governor, came up with the moniker of the "Anti-Murder Act."
He aggressively promoted the idea, drawing the support of John Walsh, a television personality who hosts the popular "America's Most Wanted" crime show.
While a majority of lawmakers quickly endorsed the bill, legislative leaders nearly as quickly identified a problem with the proposal.
It had a staggering cost.
Last year, legislative analysts estimated the bill would cost $68 million in its first partial year, rising to about $100 million in the first full year.
Over five years, the measure would have a cumulative expense of $630 million, requiring the construction of 7,166 prison beds.
"The juice wasn't worth the squeeze," said Sen. Rod Smith, D-Alachua, a former prosecutor and vice chairman of the Senate criminal justice budget committee.
He said the bill would have cost hundreds of millions of dollars and "would have had minimal impact in terms of actually deterring lots of conduct that we wish would never occur."
Despite the setbacks, Crist didn't give up. And neither did his legislative supporters.
They're back this year with a new measure that more narrowly targets the violent felons, but over time could eventually capture a large group of criminals who violate their probation.
The bill identifies a group of criminals known as "violent felony offenders of special concern," who have committed crimes such as murder, kidnapping, sexual battery or arson and are sent to prison.
Once those felons are released back into society on probation or other community control programs, they face the prospect of returning to prison if they violate the conditions of their probation, other than a monetary violation, such as not paying a fine.
If they violate their probation, they would be denied bail.
And then they would face a court hearing to determine whether they posed a danger to the community. If that finding was made, they would be returned to prison.
Bill supporters say they expect the legislation to pass this year.
"We have addressed those concerns," said Rep. Joe Negron, R-Stuart, sponsor of the House bill (HB 25).
"We have targeted the number of offenses to the more serious and dangerous felonies. I know from the senators I have talked to there is a lot of support in the Senate to pass it," Negron said.
Sen. Paula Dockery, R-Lakeland, sponsor of the Senate bill (SB 2622), said one of the major differences with the new bill in comparison to past measures is that it would apply only to criminals who qualify as "violent felons" beginning July 1.
While she said she would have preferred a broader law, Dockery said it might not withstand a court challenge if were applied to prisoners who had already been sentenced. "Unfortunately, we had to narrow it," she said.
The revised version has a dramatically lower cost.
Instead of $68 million in first-year costs, it would more likely be in the range of $6.5 million, Dockery said.
Over time, though, the costs will grow. Five years from now, it will carry an annual cost of about $35 million, according to the Office of Economic and Demographic Research.
It will also have an undetermined impact on the local court systems, which will have to hold more hearings and develop more cases involving felons who violate their probation.
Some question how effective the narrower bill will be.
Analysts say it would return more than 3,000 violent felons to prison over the next five years.
Negron, who is running for attorney general, said that is a significant number. "It's going to be very effective," he said. "If someone is in prison, they can't commit a crime."
But for now the bill remains in the Senate Ways and Means Committee Senate President Tom Lee, R-Brandon, said he hasn't taken a position on the bill, although he has had reservations about the measure in the past, including its cost and the perception that the bill could be seen as a legislative effort to "overreach" into an area of judicial discretion.
Following last week's House action, Attorney General Crist urged the Senate to take up the bill as the annual session draws to a close.
"Those who would violate the privilege of probation should not be given the opportunity to prey on our most vulnerable citizens, our children," Crist said http://www.newscoast.com/apps/pbcs.dll/article?AID=/20060501/NEWS/605010326/1017
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