CS/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.; providing for
4reclassification of specified murder offenses if committed
5upon a child 17 years of age or younger; prohibiting a
6court from suspending, deferring, or withholding
7adjudication of guilt or imposition of sentence; providing
8an effective date.
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 may be reclassified as follows, regardless of whether he
19or 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(4), from a
24felony of the second degree to a felony of the first degree.
25     (2)  Notwithstanding s. 948.01, a court may not suspend,
26defer, or withhold adjudication of guilt or imposition of
27sentence for any violation of this section.
28     Section 2.  This act shall take effect October 1, 2011.


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