1 | A bill to be entitled |
2 | An act relating to murder of a child 17 years of age or |
3 | younger; creating s. 782.066, F.S.; reclassifying |
4 | specified murder offenses if committed upon a child 17 |
5 | years of age or younger; prohibiting a court from |
6 | suspending, deferring, or withholding adjudication of |
7 | guilt or imposition of sentence; providing an effective |
8 | date. |
9 |
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10 | Be It Enacted by the Legislature of the State of Florida: |
11 |
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12 | Section 1. Section 782.066, Florida Statutes, is created |
13 | to read: |
14 | 782.066 Murder; child 17 years of age or younger.- |
15 | (1) Whenever a person is charged with committing a |
16 | violation of s. 782.04, other than s. 782.04(1), upon a child 17 |
17 | years of age or younger, the offense for which the person is |
18 | charged shall be reclassified as follows, regardless of whether |
19 | he or she had a reason to know the age of the victim: |
20 | (a) In the case of a violation of s. 782.04(2), from a |
21 | felony of the first degree to a capital felony, punishable as |
22 | provided in s. 775.082. |
23 | (b) In the case of a violation of s. 782.04(3), from a |
24 | felony of the first degree to a felony of the first degree |
25 | punishable by imprisonment for a term of years not exceeding |
26 | life or as provided in s. 775.082, s. 775.083, or s. 775.084. |
27 | (c) In the case of a violation of s. 782.04(4), from a |
28 | felony of the second degree to a felony of the first degree. |
29 | (2) Notwithstanding s. 948.01, a court may not suspend, |
30 | defer, or withhold adjudication of guilt or imposition of |
31 | sentence for any violation of this section. |
32 | Section 2. This act shall take effect October 1, 2011. |