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

House Bill 1497

Florida House of Representatives - 1997 HB 1497 By Representative Ball 1 A bill to be entitled 2 An act relating to mandatory minimum sentences; 3 amending s. 775.0823, F.S.; providing mandatory 4 minimum terms of imprisonment for certain 5 violent offenses against a law enforcement 6 officer or other designated officers and 7 officials; deleting an obsolete reference; 8 amending s. 775.087, F.S.; conforming cross 9 references; providing a mandatory minimum term 10 of imprisonment for committing certain offenses 11 while possessing a firearm or destructive 12 device; amending s. 775.0875, F.S.; providing a 13 mandatory minimum term of imprisonment for the 14 offense of taking a law enforcement officer's 15 firearm; amending s. 784.07, F.S.; increasing 16 the mandatory minimum term of imprisonment for 17 committing certain offenses while possessing a 18 firearm; conforming cross references; amending 19 s. 784.08, F.S.; providing a mandatory minimum 20 term of imprisonment for an aggravated assault 21 or aggravated battery committed against a 22 person of a specified age or older; amending 23 ss. 921.0014 and 947.146, F.S., relating to the 24 sentencing guidelines worksheet and the Control 25 Release Authority; conforming cross references 26 to changes made by the act; providing an 27 effective date. 28 29 Be It Enacted by the Legislature of the State of Florida: 30 31 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1497 561-128-97 1 Section 1. Section 775.0823, Florida Statutes, is 2 amended to read: 3 775.0823 Violent offenses committed against law 4 enforcement officers, correctional officers, state attorneys, 5 assistant state attorneys, justices, or judges.--Any provision 6 of law to the contrary notwithstanding, the Legislature does 7 hereby provide for an increase and certainty of penalty for 8 any person convicted of a violent offense against any law 9 enforcement or correctional officer, as defined in s. 10 943.10(1), (2), (3), (6), (7), (8), or (9); against any state 11 attorney elected pursuant to s. 27.01 or assistant state 12 attorney appointed under s. 27.181; or against any justice or 13 judge of a court described in Art. V of the State 14 Constitution, which offense arises out of or in the scope of 15 the officer's duty as a law enforcement or correctional 16 officer, the state attorney's or assistant state attorney's 17 duty as a prosecutor or investigator, or the justice's or 18 judge's duty as a judicial officer, as follows: 19 (1) For murder in the first degree as described in s. 20 782.04(1), if the death sentence is not imposed, a sentence of 21 imprisonment for life without eligibility for release. 22 (2) For attempted murder in the first degree as 23 described in s. 782.04(1)(a)1. s. 782.04(1), a sentence 24 pursuant to the sentencing guidelines. 25 (3) For murder in the second degree as described in s. 26 782.04(2) and (3), a mandatory minimum term of imprisonment of 27 25 years without eligibility for release sentence pursuant to 28 the sentencing guidelines. 29 (4) For attempted murder in the second degree as 30 described in s. 782.04(2) and (3), a sentence pursuant to the 31 sentencing guidelines. 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1497 561-128-97 1 (5) For murder in the third degree as described in s. 2 782.04(4), a mandatory minimum term of imprisonment of 15 3 years without eligibility for release sentence pursuant to the 4 sentencing guidelines. 5 (6) For attempted murder in the third degree as 6 described in s. 782.04(4), a sentence pursuant to the 7 sentencing guidelines. 8 (6)(7) For manslaughter as described in s. 782.07 9 during the commission of a crime, a mandatory minimum term of 10 imprisonment of 10 years without eligibility for release 11 sentence pursuant to the sentencing guidelines. 12 (7)(8) For kidnapping as described in s. 787.01, a 13 mandatory minimum term of imprisonment of 15 years without 14 eligibility for release sentence pursuant to the sentencing 15 guidelines. 16 (8)(9) For aggravated battery as described in s. 17 784.045, a mandatory minimum term of imprisonment of 3 years 18 without eligibility for release sentence pursuant to the 19 sentencing guidelines. 20 (9)(10) For aggravated assault as described in s. 21 784.021, a mandatory minimum term of imprisonment of 1 year 22 without eligibility for release sentence pursuant to the 23 sentencing guidelines. 24 25 Notwithstanding the provisions of s. 948.01, with respect to 26 any person who is found to have violated this section, 27 adjudication of guilt or imposition of sentence shall not be 28 suspended, deferred, or withheld. 29 Section 2. Subsection (2) and paragraph (a) of 30 subsection (3) of section 775.087, Florida Statutes, 1996 31 Supplement, are amended to read: 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1497 561-128-97 1 775.087 Possession or use of weapon; aggravated 2 battery; felony reclassification; minimum sentence.-- 3 (2) Any person who is convicted of a felony or an 4 attempt to commit a felony and the conviction was for: 5 (a) Murder; 6 (b) Sexual battery; 7 (c) Robbery; 8 (d) Burglary; 9 (e) Arson; 10 (f) Aggravated assault; 11 (g) Aggravated battery; 12 (h) Kidnapping; 13 (i) Escape; 14 (j) Aircraft piracy; 15 (k) Aggravated child abuse; 16 (l) Aggravated abuse of an elderly person or disabled 17 adult; 18 (m) Unlawful throwing, placing, or discharging of a 19 destructive device or bomb; 20 (n) Carjacking; 21 (o) Home-invasion robbery; or 22 (p) Aggravated stalking 23 24 and during the commission of the offense, such person 25 possessed a "firearm" as defined in s. 790.001(6) or 26 "destructive device" as those terms are defined in s. 27 790.001(4), shall be sentenced to a mandatory minimum term of 28 imprisonment of 3 years. Notwithstanding s. 948.01, 29 adjudication of guilt or imposition of sentence shall not be 30 suspended, deferred, or withheld, and the defendant is not 31 eligible for statutory gain-time under s. 944.275 or any form 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1497 561-128-97 1 of discretionary early release, other than pardon or executive 2 clemency, or conditional medical release under s. 947.149, 3 prior to serving the minimum sentence. 4 (3)(a) Any person who is convicted of a felony or an 5 attempt to commit a felony and the conviction is was for: 6 1. Murder; 7 2. Sexual battery; 8 3. Robbery; 9 4. Burglary; 10 5. Arson; 11 6. Aggravated assault; 12 7. Aggravated battery; 13 8. Kidnapping; 14 9. Escape; 15 10. Sale, manufacture, delivery, or intent to sell, 16 manufacture, or deliver any controlled substance; 17 11. Aircraft piracy; 18 12. Aggravated child abuse; 19 13. Aggravated abuse of an elderly person or disabled 20 adult; 21 14. Unlawful throwing, placing, or discharging of a 22 destructive device or bomb; 23 15. Carjacking; 24 16. Home-invasion robbery; or 25 17. Aggravated stalking 26 27 and during the commission of the offense, such person 28 possessed a semiautomatic firearm and its high-capacity 29 detachable box magazine or a machine gun as defined in s. 30 790.001(9), shall be sentenced to a mandatory minimum term of 31 imprisonment of 8 years. Notwithstanding s. 948.01, 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1497 561-128-97 1 adjudication of guilt or imposition of sentence shall not be 2 suspended, deferred, or withheld, and the defendant is not 3 eligible for statutory gain-time under s. 944.275 or any form 4 of discretionary early release, other than pardon or executive 5 clemency, or conditional medical release under s. 947.149, 6 prior to serving the minimum sentence. 7 Section 3. Subsection (1) of section 775.0875, Florida 8 Statutes, 1996 Supplement, is amended to read: 9 775.0875 Unlawful taking, possession, or use of law 10 enforcement officer's firearm; crime reclassification; 11 penalties.-- 12 (1) A person who, without authorization, takes a 13 firearm from a law enforcement officer lawfully engaged in law 14 enforcement duties commits a felony of the third degree, 15 punishable as provided in s. 775.082, s. 775.083, or s. 16 775.084, and the court shall impose a mandatory minimum term 17 of imprisonment of 3 years without eligibility for release. 18 Section 4. Section 784.07, Florida Statutes, 1996 19 Supplement, is amended to read: 20 784.07 Assault or battery of law enforcement officers, 21 firefighters, emergency medical care providers, or other 22 specified officers; reclassification of offenses; minimum 23 sentences.-- 24 (1) As used in this section, the term: 25 (a) "Law enforcement officer" includes a law 26 enforcement officer, a correctional officer, a correctional 27 probation officer, a part-time law enforcement officer, a 28 part-time correctional officer, an auxiliary law enforcement 29 officer, and an auxiliary correctional officer, as those terms 30 are respectively defined in s. 943.10, and any county 31 probation officer; employee or agent of the Department of 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1497 561-128-97 1 Corrections who supervises or provides services to inmates; 2 officer of the Parole Commission; and law enforcement 3 personnel of the Game and Fresh Water Fish Commission, the 4 Department of Environmental Protection, or the Department of 5 Law Enforcement. 6 (b) "Firefighter" means any person employed by any 7 public employer of this state whose duty it is to extinguish 8 fires; to protect life or property; or to enforce municipal, 9 county, and state fire prevention codes, as well as any law 10 pertaining to the prevention and control of fires. 11 (c) "Emergency medical care provider" means an 12 ambulance driver, emergency medical technician, paramedic, 13 registered nurse, physician as defined in s. 401.23, medical 14 director as defined in s. 401.23, or any person authorized by 15 an emergency medical service licensed under chapter 401. 16 (2) Whenever any person is charged with knowingly 17 committing an assault or battery upon a law enforcement 18 officer, a firefighter, an emergency medical care provider, a 19 traffic accident investigation officer as described in s. 20 316.640, a traffic infraction enforcement officer as described 21 in s. 318.141, a parking enforcement specialist as defined in 22 s. 316.640, or a security officer employed by the board of 23 trustees of a community college, while the officer, 24 firefighter, emergency medical care provider, intake officer, 25 traffic accident investigation officer, traffic infraction 26 enforcement officer, parking enforcement specialist, or 27 security officer is engaged in the lawful performance of his 28 or her duties, the offense for which the person is charged 29 shall be reclassified as follows: 30 (a) In the case of assault, from a misdemeanor of the 31 second degree to a misdemeanor of the first degree. 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1497 561-128-97 1 (b) In the case of battery, from a misdemeanor of the 2 first degree to a felony of the third degree. 3 (c) In the case of aggravated assault, from a felony 4 of the third degree to a felony of the second degree. 5 (d) In the case of aggravated battery, from a felony 6 of the second degree to a felony of the first degree. 7 (3) Any person who is convicted of a battery under 8 paragraph (2)(d) (2)(b) and, during the commission of the 9 offense, such person possessed: 10 (a) A "firearm" as defined in s. 790.001(6) or 11 "destructive device" as those terms are defined in s. 12 790.001(4), shall be sentenced to a mandatory minimum term of 13 imprisonment of 5 3 years without eligibility for release. 14 (b) A semiautomatic firearm and its high-capacity 15 detachable box magazine, as defined in s. 775.087(3), or a 16 machine gun as defined in s. 790.001(9), shall be sentenced to 17 a mandatory minimum term of imprisonment of 8 years without 18 eligibility for release. 19 20 Notwithstanding the provisions of s. 948.01, adjudication of 21 guilt or imposition of sentence shall not be suspended, 22 deferred, or withheld, and the defendant is not eligible for 23 statutory gain-time under s. 944.275 or any form of 24 discretionary early release, other than pardon or executive 25 clemency, or conditional medical release under s. 947.149, 26 prior to serving the minimum sentence. 27 Section 5. Subsection (1) of section 784.08, Florida 28 Statutes, is amended to read: 29 784.08 Assault or battery on persons 65 years of age 30 or older; reclassification of offenses; minimum sentence.-- 31 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1497 561-128-97 1 (1) If a person who is convicted of an aggravated 2 assault or aggravated battery upon a person 65 years of age or 3 older, the sentencing court shall impose a mandatory minimum 4 term of imprisonment of 3 years without eligibility for 5 release and the court shall also: 6 (a) Impose a fine of not more than $10,000; 7 (b) Order the person to make restitution to the victim 8 of the offense; and 9 (c) Order the person to perform up to 500 hours of 10 community service work. be sentenced pursuant to the 11 sentencing guidelines and fined not more than $10,000 and 12 shall also be ordered by the sentencing judge to make 13 restitution to the victim of such offense and to perform up to 14 500 hours of community service work. Restitution and 15 community service work shall be in addition to any fine or 16 sentence which may be imposed and shall not be in lieu 17 thereof. 18 Section 6. Subsection (1) of section 921.0014, Florida 19 Statutes, 1996 Supplement, is amended to read: 20 921.0014 Sentencing guidelines; worksheet 21 computations; scoresheets.-- 22 (1)(a) The sentencing guidelines worksheet is used to 23 compute the subtotal and total sentence points as follows: 24 25 FLORIDA SENTENCING GUIDELINES WORKSHEET 26 27 OFFENSE SCORE 28 29 Primary Offense 30 Level Sentence Points Total 31 .............................................................. 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1497 561-128-97 1 10 116 = .... 2 9 92 = .... 3 8 74 = .... 4 7 56 = .... 5 6 36 = .... 6 5 28 = .... 7 4 22 = .... 8 3 16 = .... 9 2 10 = .... 10 1 4 = .... 11 .............................................................. 12 Total 13 14 15 Additional Offenses 16 Level Sentence Points Counts Total 17 .............................................................. 18 10 58 x .... = .... 19 9 46 x .... = .... 20 8 37 x .... = .... 21 7 28 x .... = .... 22 6 18 x .... = .... 23 5 5.4 x .... = .... 24 4 3.6 x .... = .... 25 3 2.4 x .... = .... 26 2 1.2 x .... = .... 27 1 0.7 x .... = .... 28 M 0.2 x .... = .... 29 .............................................................. 30 Total 31 10 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1497 561-128-97 1 2 Victim Injury 3 Level Sentence Points Number Total 4 .............................................................. 5 2nd degree 6 murder- 7 death 240 x .... = .... 8 Death 120 x .... = .... 9 Severe 40 x .... = .... 10 Sexual 11 penetration 80 x .... = .... 12 Moderate 18 x .... = .... 13 Sexual 14 contact 40 x .... = .... 15 Slight 4 x .... = .... 16 .............................................................. 17 Total 18 19 Primary Offense + Additional Offenses + Victim Injury= 20 TOTAL OFFENSE SCORE 21 22 PRIOR RECORD SCORE 23 24 Prior Record 25 Level Sentence Points Number Total 26 .............................................................. 27 10 29 x .... = .... 28 9 23 x .... = .... 29 8 19 x .... = .... 30 7 14 x .... = .... 31 6 9 x .... = .... 11 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1497 561-128-97 1 5 3.6 x .... = .... 2 4 2.4 x .... = .... 3 3 1.6 x .... = .... 4 2 0.8 x .... = .... 5 1 0.5 x .... = .... 6 M 0.2 x .... = .... 7 .............................................................. 8 Total 9 10 11 TOTAL OFFENSE SCORE........................................ 12 TOTAL PRIOR RECORD SCORE................................... 13 14 LEGAL STATUS............................................... 15 COMMUNITY SANCTION VIOLATION............................... 16 PRIOR SERIOUS FELONY....................................... 17 PRIOR CAPITAL FELONY....................................... 18 FIREARM OR SEMIAUTOMATIC WEAPON............................ 19 SUBTOTAL........ 20 21 VIOLENT CAREER CRIMINAL (no)(yes).......................... 22 VIOLENT HABITUAL OFFENDER (no)(yes)........................ 23 HABITUAL OFFENDER (no)(yes)................................ 24 DRUG TRAFFICKER (no)(yes) (x multiplier)................... 25 LAW ENF. PROTECT. (no)(yes) (x multiplier)................. 26 MOTOR VEHICLE THEFT (no)(yes) (x multiplier)............... 27 CRIMINAL STREET GANG MEMBER (no)(yes) (x multiplier)....... 28 .............................................................. 29 TOTAL SENTENCE POINTS........ 30 31 (b) WORKSHEET KEY: 12 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1497 561-128-97 1 2 Legal status points are assessed when any form of legal status 3 existed at the time the offender committed an offense before 4 the court for sentencing. Four (4) sentence points are 5 assessed for an offender's legal status. 6 7 Community sanction violation points are assessed when a 8 community sanction violation is before the court for 9 sentencing. Six (6) sentence points are assessed for each 10 community sanction violation, and each successive community 11 sanction violation; however, if the community sanction 12 violation includes a new felony conviction before the 13 sentencing court, twelve (12) community sanction violation 14 points are assessed for such violation, and for each 15 successive community sanction violation involving a new felony 16 conviction. Multiple counts of community sanction violations 17 before the sentencing court shall not be a basis for 18 multiplying the assessment of community sanction violation 19 points. 20 21 Prior serious felony points: If the offender has a primary 22 offense or any additional offense ranked in level 8, level 9, 23 or level 10, and one or more prior serious felonies, a single 24 assessment of 30 points shall be added. For purposes of this 25 section, a prior serious felony is an offense in the 26 offender's prior record that is ranked in level 8, level 9, or 27 level 10 under s. 921.0012 or s. 921.0013 and for which the 28 offender is serving a sentence of confinement, supervision, or 29 other sanction or for which the offender's date of release 30 from confinement, supervision, or other sanction, whichever is 31 13 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1497 561-128-97 1 later, is within 3 years before the date the primary offense 2 or any additional offense was committed. 3 4 Prior capital felony points: If the offender has one or more 5 prior capital felonies, points shall be added to the subtotal 6 sentence points of the offender equal to twice the number of 7 points the offender receives for the primary offense and any 8 additional offense. A prior capital felony is a capital 9 felony offense for which the offender has been found guilty; 10 or a felony in another jurisdiction which is a capital felony 11 in that jurisdiction, or would be a capital felony if the 12 offense were committed in this state. 13 14 Possession of a firearm, semiautomatic firearm, or machine 15 gun: If the offender is convicted of committing or attempting 16 to commit any felony other than those enumerated in s. 17 775.087(2) while having in his possession: a firearm as 18 defined in s. 790.001(6), an additional 18 sentence points are 19 assessed; or if the offender is convicted of committing or 20 attempting to commit any felony other than those enumerated in 21 s. 775.087(3) while having in his possession a semiautomatic 22 firearm as defined in s. 775.087(3) or a machine gun as 23 defined in s. 790.001(9), an additional 25 sentence points are 24 assessed. 25 26 Sentencing multipliers: 27 28 Drug trafficking: If the primary offense is drug trafficking 29 under s. 893.135, the subtotal sentence points are multiplied, 30 at the discretion of the court, for a level 7 or level 8 31 offense, by 1.5. The state attorney may move the sentencing 14 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1497 561-128-97 1 court to reduce or suspend the sentence of a person convicted 2 of a level 7 or level 8 offense, if the offender provides 3 substantial assistance as described in s. 893.135(4). 4 5 Law enforcement protection: If the primary offense is a 6 violation of the Law Enforcement Protection Act under s. 7 775.0823(2), the subtotal sentence points are multiplied by 8 2.5. If the primary offense is a violation of s. 775.0823(3), 9 (4), (5), (6), (7), or (8), the subtotal sentence points are 10 multiplied by 2.0. If the primary offense is a violation of s. 11 784.07(3) or s. 775.0875(1), or of the Law Enforcement 12 Protection Act under s. 775.0823(8) or (9) s. 775.0823(9) or 13 (10), the subtotal sentence points are multiplied by 1.5. 14 15 Grand theft of a motor vehicle: If the primary offense is 16 grand theft of the third degree involving a motor vehicle and 17 in the offender's prior record, there are three or more grand 18 thefts of the third degree involving a motor vehicle, the 19 subtotal sentence points are multiplied by 1.5. 20 21 Criminal street gang member: If the offender is convicted of 22 the primary offense and is found to have been a member of a 23 criminal street gang at the time of the commission of the 24 primary offense pursuant to s. 874.04, the subtotal sentence 25 points are multiplied by 1.5. 26 Section 7. Subsection (3) of section 947.146, Florida 27 Statutes, 1996 Supplement, is amended to read: 28 947.146 Control Release Authority.-- 29 (3) Within 120 days prior to the date the state 30 correctional system is projected pursuant to s. 216.136 to 31 exceed 99 percent of total capacity, the authority shall 15 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1497 561-128-97 1 determine eligibility for and establish a control release date 2 for an appropriate number of parole ineligible inmates 3 committed to the department and incarcerated within the state 4 who have been determined by the authority to be eligible for 5 discretionary early release pursuant to this section. In 6 establishing control release dates, it is the intent of the 7 Legislature that the authority prioritize consideration of 8 eligible inmates closest to their tentative release date. The 9 authority shall rely upon commitment data on the offender 10 information system maintained by the department to initially 11 identify inmates who are to be reviewed for control release 12 consideration. The authority may use a method of objective 13 risk assessment in determining if an eligible inmate should be 14 released. Such assessment shall be a part of the department's 15 management information system. However, the authority shall 16 have sole responsibility for determining control release 17 eligibility, establishing a control release date, and 18 effectuating the release of a sufficient number of inmates to 19 maintain the inmate population between 99 percent and 100 20 percent of total capacity. Inmates who are ineligible for 21 control release are inmates who are parole eligible or inmates 22 who: 23 (a) Are serving a sentence that includes a mandatory 24 minimum provision for a capital offense or drug trafficking 25 offense and have not served the number of days equal to the 26 mandatory minimum term less any jail-time credit awarded by 27 the court; 28 (b) Are serving the mandatory minimum portion of a 29 sentence enhanced under s. 775.087(2) or (3), or s. 784.07(3); 30 (c) Are convicted, or have been previously convicted, 31 of committing or attempting to commit sexual battery, incest, 16 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1497 561-128-97 1 or any of the following lewd or indecent assaults or acts: 2 masturbating in public; exposing the sexual organs in a 3 perverted manner; or nonconsensual handling or fondling of the 4 sexual organs of another person; 5 (d) Are convicted, or have been previously convicted, 6 of committing or attempting to commit assault, aggravated 7 assault, battery, or aggravated battery, and a sex act was 8 attempted or completed during commission of such offense; 9 (e) Are convicted, or have been previously convicted, 10 of committing or attempting to commit kidnapping, burglary, or 11 murder, and the offense was committed with the intent to 12 commit sexual battery or a sex act was attempted or completed 13 during commission of the offense; 14 (f) Are convicted, or have been previously convicted, 15 of committing or attempting to commit false imprisonment upon 16 a child under the age of 13 and, in the course of committing 17 the offense, the inmate committed aggravated child abuse, 18 sexual battery against the child, or a lewd, lascivious, or 19 indecent assault or act upon or in the presence of the child; 20 (g) Are sentenced, have previously been sentenced, or 21 have been sentenced at any time under s. 775.084, or have been 22 sentenced at any time in another jurisdiction as a habitual 23 offender; 24 (h) Are convicted, or have been previously convicted, 25 of committing or attempting to commit assault, aggravated 26 assault, battery, aggravated battery, kidnapping, 27 manslaughter, or murder against an officer as defined in s. 28 943.10(1), (2), (3), (6), (7), (8), or (9); against a state 29 attorney or assistant state attorney; or against a justice or 30 judge of a court described in Art. V of the State 31 Constitution; or against an officer, judge, or state attorney 17 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1497 561-128-97 1 employed in a comparable position by any other jurisdiction; 2 or 3 (i) Are convicted, or have been previously convicted, 4 of committing or attempting to commit murder in the first, 5 second, or third degree under s. 782.04(1), (2), (3), or (4), 6 or have ever been convicted of any degree of murder or 7 attempted murder in another jurisdiction; 8 (j) Are convicted, or have been previously convicted, 9 of DUI manslaughter under s. 316.193(3)(c)3., and are 10 sentenced, or have been sentenced at any time, as a habitual 11 offender for such offense, or have been sentenced at any time 12 in another jurisdiction as a habitual offender for such 13 offense; 14 (k)1. Are serving a sentence for an offense committed 15 on or after January 1, 1994, for a violation of the Law 16 Enforcement Protection Act under s. 775.0823(2), (3), (4), or 17 (5), and the subtotal of the offender's sentence points is 18 multiplied pursuant to s. 921.0014; 19 2. Are serving a sentence for an offense committed on 20 or after October 1, 1995, for a violation of the Law 21 Enforcement Protection Act under s. 775.0823(2), (3), (4), 22 (5), (6), or (7), or (8), and the subtotal of the offender's 23 sentence points is multiplied pursuant to s. 921.0014; 24 (l) Are serving a sentence for an offense committed on 25 or after January 1, 1994, for possession of a firearm, 26 semiautomatic firearm, or machine gun in which additional 27 points are added to the subtotal of the offender's sentence 28 points pursuant to s. 921.0014; or 29 (m) Are convicted, or have been previously convicted, 30 of committing or attempting to commit manslaughter, 31 18 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1497 561-128-97 1 kidnapping, robbery, carjacking, home-invasion robbery, or a 2 burglary under s. 810.02(2). 3 4 In making control release eligibility determinations under 5 this subsection, the authority may rely on any document 6 leading to or generated during the course of the criminal 7 proceedings, including, but not limited to, any presentence or 8 postsentence investigation or any information contained in 9 arrest reports relating to circumstances of the offense. 10 Section 8. This act shall take effect July 1, 1997. 11 12 ***************************************** 13 HOUSE SUMMARY 14 Provides mandatory minimum terms of imprisonment for 15 certain violent offenses against a law enforcement officer or other designated officers and officials. 16 Provides a mandatory minimum term of imprisonment for committing certain offenses while possessing a firearm or 17 destructive device. Provides a mandatory minimum term of imprisonment for the offense of taking a law enforcement 18 officer's firearm. Increases the mandatory minimum term of imprisonment for committing certain offenses while 19 possessing a firearm. Provides a mandatory minimum term of imprisonment for an aggravated assault or aggravated 20 battery committed against a person of a specified age or older. Conforms cross references to changes made by the 21 act. 22 23 24 25 26 27 28 29 30 31 19