Florida Senate - 2012                                    SB 1734
       
       
       
       By Senator Garcia
       
       
       
       
       40-01164-12                                           20121734__
    1                        A bill to be entitled                      
    2         An act relating to murder of a child 17 years of age
    3         or younger; creating s. 782.066, F.S.; providing for
    4         reclassification of specified murder offenses if
    5         committed upon a child 17 years of age or younger;
    6         prohibiting a court from suspending, deferring, or
    7         withholding adjudication of guilt or imposition of
    8         sentence; providing an effective date.
    9  
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Section 782.066, Florida Statutes, is created to
   13  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 may be reclassified as follows, regardless of whether he
   19  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(4), from a
   24  felony of the second degree to a felony of the first degree.
   25         (2) Notwithstanding s. 948.01, a court may not suspend,
   26  defer, or withhold adjudication of guilt or imposition of
   27  sentence for any violation of this section.
   28         Section 2. This act shall take effect July 1, 2012.