HB 1005

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


CODING: Words stricken are deletions; words underlined are additions.