Florida Attorney General James Uthmeier on Tuesday announced that he will propose legislation aimed at eliminating judicial discretion in cases involving convicted sexual offenders and violent criminals who remain free on bond following a guilty verdict.
The proposal, known as Missy’s Law, is named after five-year-old Missy Mogle, who was killed last month in Tallahassee by her stepfather, Daniel Spencer, after he had been adjudicated guilty of traveling to meet a minor.
Spencer was convicted in April and qualified as a sexual offender under Florida law. Despite the conviction and a request from the local state attorney to revoke bond, Circuit Judge Tiffany Baker allowed Spencer to remain out of custody pending sentencing. On May 19, Spencer allegedly murdered Missy at the home they shared.
Uthmeier said the measure would require mandatory revocation of bail immediately upon a guilty verdict in cases involving sexual offenses, sexual predators, or violent crimes, preventing judges from permitting post-verdict release. The Attorney General blamed the court’s decision to allow Spencer to remain free for enabling the crime and said the incident highlights a failure in existing safeguards.
“Missy died because Judge Baker didn’t put Spencer behind bars where he belonged,” said Attorney General Uthmeier. “Judge Baker’s abuse of discretion should be sanctioned. We cannot allow these acts of evil to happen again, and I look forward to working with the Florida Legislature to pass Missy’s Law next session.”
According to Uthmeier’s office, Spencer had been under investigation for allegedly sexually abusing Missy prior to his conviction. Authorities later recovered photographs and video footage depicting extensive abuse in the weeks leading up to her death.
Uthmeier said he will work with lawmakers to advance the legislation during the next session.
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