House Bill 3279
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Florida House of Representatives - 1998 HB 3279
By Representative Betancourt
1 A bill to be entitled
2 An act relating to offenses involving the
3 obstruction of law enforcement; amending s.
4 843.08, F.S.; reclassifying or increasing the
5 penalties for the offenses of falsely assuming
6 or pretending to be, or falsely personating, an
7 officer of the Florida Highway Patrol, Game and
8 Fresh Water Fish Commission, Department of
9 Environmental Protection, Department of
10 Transportation, or Department of Corrections, a
11 correctional probation officer, sheriff or
12 deputy sheriff, state attorney or assistant
13 state attorney, statewide prosecutor or
14 assistant statewide prosecutor, state attorney
15 investigator, coroner, police officer, lottery
16 special agent or lottery investigator, beverage
17 enforcement agent or watchman, member of the
18 Parole Commission or administrative aide or
19 supervisor employed by the commission, or any
20 personnel or representative of the Department
21 of Law Enforcement; providing that such false
22 assumption or pretense is a felony of the
23 second degree; providing that such false
24 personation during the course of the commission
25 of a felony is a felony of the first degree;
26 providing that such false personation during
27 the commission of a felony which results in the
28 death or personal injury of another human being
29 is a felony of the first degree punishable by
30 life imprisonment; providing penalties;
31 amending s. 843.081, F.S., relating to the
1
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1 offense of use in or on a nongovernmentally
2 owned vehicle or vessel of a flashing or
3 rotating blue light by a person other than a
4 specified law enforcement officer or special
5 officer for a railroad or common carrier;
6 providing that such offense is a felony of the
7 third degree; providing penalties; amending s.
8 921.0022, F.S., relating to the Criminal
9 Punishment Code offense severity ranking chart;
10 removing a nonconforming reference; providing
11 for ranking of the offenses; providing an
12 effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Section 843.08, Florida Statutes, is
17 amended to read:
18 843.08 Falsely personating officer, etc.--A person who
19 falsely assumes or pretends to be a sheriff, officer of the
20 Florida Highway Patrol, officer of the Game and Fresh Water
21 Fish Commission, officer of the Department of Environmental
22 Protection, officer of the Department of Transportation,
23 officer of the Department of Corrections, correctional
24 probation officer, deputy sheriff, state attorney or assistant
25 state attorney, statewide prosecutor or assistant statewide
26 prosecutor, state attorney investigator, coroner, police
27 officer, lottery special agent or lottery investigator,
28 beverage enforcement agent, or watchman, or any member of the
29 Parole Commission and any administrative aide or supervisor
30 employed by the commission, or any personnel or representative
31 of the Department of Law Enforcement, and takes upon himself
2
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1 or herself to act as such, or to require any other person to
2 aid or assist him or her in a matter pertaining to the duty of
3 any such officer, commits a felony of the second third degree,
4 punishable as provided in s. 775.082, s. 775.083, or s.
5 775.084; however, a person who falsely personates any such
6 officer during the course of the commission of a felony
7 commits a felony of the first second degree, punishable as
8 provided in s. 775.082, s. 775.083, or s. 775.084; except that
9 if the commission of the felony results in the death or
10 personal injury of another human being, the person commits a
11 felony of the first degree, punishable by imprisonment for a
12 term of years not exceeding life, or as provided in s.
13 775.082, s. 775.083, or s. 775.084.
14 Section 2. Subsection (5) of section 843.081, Florida
15 Statutes, is amended to read:
16 843.081 Prohibited use of certain lights; penalty.--
17 (2) It is unlawful for a person to use in or on any
18 nongovernmentally owned vehicle or vessel any flashing or
19 rotating blue light unless such person is a law enforcement
20 officer employed by a federal, state, county, or city law
21 enforcement agency or is a person appointed by the Governor
22 pursuant to chapter 354.
23 (3) The provisions of this section shall not apply to
24 salespersons, service representatives, or other employees of
25 businesses licensed to sell or repair law enforcement
26 equipment.
27 (4) For the purposes of this section, the term
28 "flashing or rotating blue light" includes all forms of lights
29 which display a blue light source or which were designed with
30 the intent of displaying a blue light source whether or not
31 such light is actually in use.
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1 (5) Any person who violates any of the provisions of
2 this section commits a felony misdemeanor of the third first
3 degree, punishable as provided in s. 775.082, or s. 775.083,
4 or s. 775.084.
5 Section 3. Paragraphs (a), (b), (d), (g), and (i) of
6 subsection (3) of section 921.0022, Florida Statutes, are
7 amended to read:
8 921.0022 Criminal Punishment Code; offense severity
9 ranking chart.--
10 (3) OFFENSE SEVERITY RANKING CHART
11
12 Florida Felony
13 Statute Degree Description
14
15 (a) LEVEL 1
16 24.118(3)(a) 3rd Counterfeit or altered state
17 lottery ticket.
18 212.054(2)(b) 3rd Discretionary sales surtax;
19 limitations, administration, and
20 collection.
21 212.15(2)(b) 3rd Failure to remit sales taxes,
22 amount greater than $300 but less
23 than $20,000.
24 319.30(5) 3rd Sell, exchange, give away
25 certificate of title or
26 identification number plate.
27 319.35(1)(a) 3rd Tamper, adjust, change, etc., an
28 odometer.
29 320.26(1)(a) 3rd Counterfeit, manufacture, or sell
30 registration license plates or
31 validation stickers.
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1 322.212(1) 3rd Possession of forged, stolen,
2 counterfeit, or unlawfully issued
3 driver's license.
4 322.212(4) 3rd Supply or aid in supplying
5 unauthorized driver's license.
6 322.212(5) 3rd False application for driver's
7 license.
8 370.13(4)(a) 3rd Molest any stone crab trap, line,
9 or buoy which is property of
10 licenseholder.
11 370.135(1) 3rd Molest any blue crab trap, line,
12 or buoy which is property of
13 licenseholder.
14 372.663(1) 3rd Poach any alligator or
15 crocodilia.
16 414.39(2) 3rd Unauthorized use, possession,
17 forgery, or alteration of food
18 stamps, Medicaid ID, value
19 greater than $200.
20 414.39(3)(a) 3rd Fraudulent misappropriation of
21 public assistance funds by
22 employee/official, value more
23 than $200.
24 443.071(1) 3rd False statement or representation
25 to obtain or increase
26 unemployment compensation
27 benefits.
28 458.327(1)(a) 3rd Unlicensed practice of medicine.
29 466.026(1)(a) 3rd Unlicensed practice of dentistry
30 or dental hygiene.
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1 509.151(1) 3rd Defraud an innkeeper, food or
2 lodging value greater than $300.
3 517.302(1) 3rd Violation of the Florida
4 Securities and Investor
5 Protection Act.
6 562.27(1) 3rd Possess still or still apparatus.
7 713.69 3rd Tenant removes property upon
8 which lien has accrued, value
9 more than $50.
10 812.014(3)(c) 3rd Petit theft (3rd conviction);
11 theft of any property not
12 specified in subsection (2).
13 812.081(2) 3rd Unlawfully makes or causes to be
14 made a reproduction of a trade
15 secret.
16 815.04(4)(a) 3rd Offense against intellectual
17 property (i.e., computer
18 programs, data).
19 817.52(2) 3rd Hiring with intent to defraud,
20 motor vehicle services.
21 826.01 3rd Bigamy.
22 828.122(3) 3rd Fighting or baiting animals.
23 831.04(1) 3rd Any erasure, alteration, etc., of
24 any replacement deed, map, plat,
25 or other document listed in s.
26 92.28.
27 831.31(1)(a) 3rd Sell, deliver, or possess
28 counterfeit controlled
29 substances, all but s. 893.03(5)
30 drugs.
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1 832.041(1) 3rd Stopping payment with intent to
2 defraud $150 or more.
3 832.05
4 (2)(b)&(4)(c) 3rd Knowing, making, issuing
5 worthless checks $150 or more or
6 obtaining property in return for
7 worthless check $150 or more.
8 838.015(3) 3rd Bribery.
9 838.016(1) 3rd Public servant receiving unlawful
10 compensation.
11 838.15(2) 3rd Commercial bribe receiving.
12 838.16 3rd Commercial bribery.
13 843.081 3rd Prohibited use of flashing or
14 rotating blue light.
15 843.18 3rd Fleeing by boat to elude a law
16 enforcement officer.
17 847.011(1)(a) 3rd Sell, distribute, etc., obscene,
18 lewd, etc., material (2nd
19 conviction).
20 849.01 3rd Keeping gambling house.
21 849.09(1)(a)-(d) 3rd Lottery; set up, promote, etc.,
22 or assist therein, conduct or
23 advertise drawing for prizes, or
24 dispose of property or money by
25 means of lottery.
26 849.23 3rd Gambling-related machines;
27 "common offender" as to property
28 rights.
29 849.25(2) 3rd Engaging in bookmaking.
30 860.08 3rd Interfere with a railroad signal.
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1 860.13(1)(a) 3rd Operate aircraft while under the
2 influence.
3 893.13(2)(a)2. 3rd Purchase of cannabis.
4 893.13(6)(a) 3rd Possession of cannabis (more than
5 20 grams).
6 893.13(7)(a)10. 3rd Affix false or forged label to
7 package of controlled substance.
8 934.03(1)(a) 3rd Intercepts, or procures any other
9 person to intercept, any wire or
10 oral communication.
11 (b) LEVEL 2
12 403.413(5)(c) 3rd Dumps waste litter exceeding 500
13 lbs. in weight or 100 cubic feet
14 in volume or any quantity for
15 commercial purposes, or hazardous
16 waste.
17 517.07 3rd Registration of securities and
18 furnishing of prospectus
19 required.
20 590.28(1) 3rd Willful, malicious, or
21 intentional burning.
22 784.05(3) 3rd Storing or leaving a loaded
23 firearm within reach of minor who
24 uses it to inflict injury or
25 death.
26 787.04(1) 3rd In violation of court order,
27 take, entice, etc., minor beyond
28 state limits.
29 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000
30 or more to public communication
31 or any other public service.
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1 810.09(2)(e) 3rd Trespassing on posted commercial
2 commerical horticulture property.
3 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or
4 more but less than $5,000.
5 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or
6 more but less than $300, taken
7 from unenclosed curtilage of
8 dwelling.
9 817.234(1)(a)2. 3rd False statement in support of
10 insurance claim.
11 817.481(3)(a) 3rd Obtain credit or purchase with
12 false, expired, counterfeit,
13 etc., credit card, value over
14 $300.
15 817.52(3) 3rd Failure to redeliver hired
16 vehicle.
17 817.54 3rd With intent to defraud, obtain
18 mortgage note, etc., by false
19 representation.
20 817.60(5) 3rd Dealing in credit cards of
21 another.
22 817.60(6)(a) 3rd Forgery; purchase goods, services
23 with false card.
24 817.61 3rd Fraudulent use of credit cards
25 over $100 or more within 6
26 months.
27 826.04 3rd Knowingly marries or has sexual
28 intercourse with person to whom
29 related.
30 831.01 3rd Forgery.
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1 831.02 3rd Uttering forged instrument;
2 utters or publishes alteration
3 with intent to defraud.
4 831.07 3rd Forging bank bills or promissory
5 note.
6 831.08 3rd Possession of 10 or more forged
7 notes.
8 831.09 3rd Uttering forged bills; passes as
9 bank bill or promissory note.
10 832.05(3)(a) 3rd Cashing or depositing item with
11 intent to defraud.
12 843.08 3rd Falsely impersonating an officer.
13 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c),
14 (2)(c), (3), or (4) drugs other
15 than cannabis.
16 893.147(2) 3rd Manufacture or delivery of drug
17 paraphernalia.
18 (d) LEVEL 4
19 316.1935(2) 3rd Fleeing or attempting to elude
20 law enforcement officer resulting
21 in high-speed pursuit.
22 784.07(2)(b) 3rd Battery of law enforcement
23 officer, firefighter, intake
24 officer, etc.
25 784.075 3rd Battery on detention or
26 commitment facility staff.
27 784.08(2)(c) 3rd Battery on a person 65 years of
28 age or older.
29 784.081(3) 3rd Battery on specified official or
30 employee.
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1 784.082(3) 3rd Battery by detained person on
2 visitor or other detainee.
3 787.03(1) 3rd Interference with custody;
4 wrongly takes child from
5 appointed guardian.
6 787.04(2) 3rd Take, entice, or remove child
7 beyond state limits with criminal
8 intent pending custody
9 proceedings.
10 787.04(3) 3rd Carrying child beyond state lines
11 with criminal intent to avoid
12 producing child at custody
13 hearing or delivering to
14 designated person.
15 790.115(1) 3rd Exhibiting firearm or weapon
16 within 1,000 feet of a school.
17 790.115(2)(b) 3rd Possessing electric weapon or
18 device, destructive device, or
19 other weapon on school property.
20 790.115(2)(c) 3rd Possessing firearm on school
21 property.
22 810.02(4)(a) 3rd Burglary, or attempted burglary,
23 of an unoccupied structure;
24 unarmed; no assault or battery.
25 810.02(4)(b) 3rd Burglary, or attempted burglary,
26 of an unoccupied conveyance;
27 unarmed; no assault or battery.
28 810.06 3rd Burglary; possession of tools.
29 810.08(2)(c) 3rd Trespass on property, armed with
30 firearm or dangerous weapon.
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1 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000
2 or more but less than $20,000.
3 812.014
4 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will,
5 firearm, motor vehicle,
6 livestock, etc.
7 817.563(1) 3rd Sell or deliver substance other
8 than controlled substance agreed
9 upon, excluding s. 893.03(5)
10 drugs.
11 828.125(1) 2nd Kill, maim, or cause great bodily
12 harm or permanent breeding
13 disability to any registered
14 horse or cattle.
15 837.02(1) 3rd Perjury in official proceedings.
16 837.021(1) 3rd Make contradictory statements in
17 official proceedings.
18 843.025 3rd Deprive law enforcement,
19 correctional, or correctional
20 probation officer of means of
21 protection or communication.
22 843.08 2nd Falsely personating an officer.
23 843.15(1)(a) 3rd Failure to appear while on bail
24 for felony (bond estreature or
25 bond jumping).
26 874.05(1) 3rd Encouraging or recruiting another
27 to join a criminal street gang.
28 893.13(2)(a)1. 2nd Purchase of cocaine (or other s.
29 893.03(1)(a), (b), or (d), or
30 (2)(a) or (b) drugs).
31 914.14(2) 3rd Witnesses accepting bribes.
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1 914.22(1) 3rd Force, threaten, etc., witness,
2 victim, or informant.
3 914.23(2) 3rd Retaliation against a witness,
4 victim, or informant, no bodily
5 injury.
6 918.12 3rd Tampering with jurors.
7 (g) LEVEL 7
8 316.193(3)(c)2. 3rd DUI resulting in serious bodily
9 injury.
10 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
11 bodily injury.
12 409.920(2) 3rd Medicaid provider fraud.
13 494.0018(2) 1st Conviction of any violation of
14 ss. 494.001-494.0077 in which the
15 total money and property
16 unlawfully obtained exceeded
17 $50,000 and there were five or
18 more victims.
19 782.07(1) 2nd Killing of a human being by the
20 act, procurement, or culpable
21 negligence of another
22 (manslaughter).
23 782.071 3rd Killing of human being by the
24 operation of a motor vehicle in a
25 reckless manner (vehicular
26 homicide).
27 782.072 3rd Killing of a human being by the
28 operation of a vessel in a
29 reckless manner (vessel
30 homicide).
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1 784.045(1)(a)1. 2nd Aggravated battery; intentionally
2 causing great bodily harm or
3 disfigurement.
4 784.045(1)(a)2. 2nd Aggravated battery; using deadly
5 weapon.
6 784.045(1)(b) 2nd Aggravated battery; perpetrator
7 aware victim pregnant.
8 784.048(4) 3rd Aggravated stalking; violation of
9 injunction or court order.
10 784.07(2)(d) 1st Aggravated battery on law
11 enforcement officer.
12 784.08(2)(a) 1st Aggravated battery on a person 65
13 years of age or older.
14 784.081(1) 1st Aggravated battery on specified
15 official or employee.
16 784.082(1) 1st Aggravated battery by detained
17 person on visitor or other
18 detainee.
19 790.07(4) 1st Specified weapons violation
20 subsequent to previous conviction
21 of s. 790.07(1) or (2).
22 790.16(1) 1st Discharge of a machine gun under
23 specified circumstances.
24 796.03 2nd Procuring any person under 16
25 years for prostitution.
26 800.04 2nd Handle, fondle, or assault child
27 under 16 years in lewd,
28 lascivious, or indecent manner.
29 806.01(2) 2nd Maliciously damage structure by
30 fire or explosive.
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1 810.02(3)(a) 2nd Burglary of occupied dwelling;
2 unarmed; no assault or battery.
3 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
4 unarmed; no assault or battery.
5 810.02(3)(d) 2nd Burglary of occupied conveyance;
6 unarmed; no assault or battery.
7 812.014(2)(a) 1st Property stolen, valued at
8 $100,000 or more; property stolen
9 while causing other property
10 damage; 1st degree grand theft.
11 812.019(2) 1st Stolen property; initiates,
12 organizes, plans, etc., the theft
13 of property and traffics in
14 stolen property.
15 812.133(2)(b) 1st Carjacking; no firearm, deadly
16 weapon, or other weapon.
17 825.102(3)(b) 2nd Neglecting an elderly person or
18 disabled adult causing great
19 bodily harm, disability, or
20 disfigurement.
21 825.1025(2) 2nd Lewd or lascivious battery upon
22 an elderly person or disabled
23 adult.
24 825.103(2)(b) 2nd Exploiting an elderly person or
25 disabled adult and property is
26 valued at $20,000 or more, but
27 less than $100,000.
28 827.03(3)(b) 2nd Neglect of a child causing great
29 bodily harm, disability, or
30 disfigurement.
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1 827.04(4) 3rd Impregnation of a child under 16
2 years of age by person 21 years
3 of age or older.
4 843.08 1st Falsely personating an officer
5 during the course of committing a
6 felony.
7 872.06 2nd Abuse of a dead human body.
8 893.13(1)(c)1. 1st Sell, manufacture, or deliver
9 cocaine (or other s.
10 893.03(1)(a), (1)(b), (1)(d),
11 (2)(a), or (2)(b) drugs) within
12 1,000 feet of a school.
13 893.13(4)(a) 1st Deliver to minor cocaine (or
14 other s. 893.03(1)(a), (1)(b),
15 (1)(d), (2)(a), or (2)(b) drugs).
16 893.135(1)(a)1. 1st Trafficking in cannabis, more
17 than 50 lbs., less than 2,000
18 lbs.
19 893.135
20 (1)(b)1.a. 1st Trafficking in cocaine, more than
21 28 grams, less than 200 grams.
22 893.135
23 (1)(c)1.a. 1st Trafficking in illegal drugs,
24 more than 4 grams, less than 14
25 grams.
26 893.135
27 (1)(d)1. 1st Trafficking in phencyclidine,
28 more than 28 grams, less than 200
29 grams.
30
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1 893.135(1)(e)1. 1st Trafficking in methaqualone, more
2 than 200 grams, less than 5
3 kilograms.
4 893.135(1)(f)1. 1st Trafficking in amphetamine, more
5 than 14 grams, less than 28
6 grams.
7 (i) LEVEL 9
8 316.193
9 (3)(c)3.b. 1st DUI manslaughter; failing to
10 render aid or give information.
11 782.04(1) 1st Attempt, conspire, or solicit to
12 commit premeditated murder.
13 782.04(3) 1st,PBL Accomplice to murder in
14 connection with arson, sexual
15 battery, robbery, burglary, and
16 other specified felonies.
17 782.07(2) 1st Aggravated manslaughter of an
18 elderly person or disabled adult.
19 782.07(3) 1st Aggravated manslaughter of a
20 child.
21 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or
22 reward or as a shield or hostage.
23 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit
24 or facilitate commission of any
25 felony.
26 787.01(1)(a)4. 1st,PBL Kidnapping with intent to
27 interfere with performance of any
28 governmental or political
29 function.
30
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1 787.02(3)(a) 1st False imprisonment; child under
2 age 13; perpetrator also commits
3 child abuse, sexual battery,
4 lewd, or lascivious act, etc.
5 790.161 1st Attempted capital destructive
6 device offense.
7 794.011(2) 1st Attempted sexual battery; victim
8 less than 12 years of age.
9 794.011(2) Life Sexual battery; offender younger
10 than 18 years and commits sexual
11 battery on a person less than 12
12 years.
13 794.011(4) 1st Sexual battery; victim 12 years
14 or older, certain circumstances.
15 794.011(8)(b) 1st Sexual battery; engage in sexual
16 conduct with minor 12 to 18 years
17 by person in familial or
18 custodial authority.
19 812.13(2)(a) 1st,PBL Robbery with firearm or other
20 deadly weapon.
21 812.133(2)(a) 1st,PBL Carjacking; firearm or other
22 deadly weapon.
23 843.08 1st,PBL Falsely personating an officer
24 during the course of committing a
25 felony resulting in another's
26 death or injury.
27 847.0145(1) 1st Selling, or otherwise
28 transferring custody or control,
29 of a minor.
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1 847.0145(2) 1st Purchasing, or otherwise
2 obtaining custody or control, of
3 a minor.
4 859.01 1st Poisoning food, drink, medicine,
5 or water with intent to kill or
6 injure another person.
7 893.135 1st Attempted capital trafficking
8 offense.
9 893.135(1)(a)3. 1st Trafficking in cannabis, more
10 than 10,000 lbs.
11 893.135
12 (1)(b)1.c. 1st Trafficking in cocaine, more than
13 400 grams, less than 150
14 kilograms.
15 893.135
16 (1)(c)1.c. 1st Trafficking in illegal drugs,
17 more than 28 grams, less than 30
18 kilograms.
19 893.135
20 (1)(d)1.c. 1st Trafficking in phencyclidine,
21 more than 400 grams.
22 893.135
23 (1)(e)1.c. 1st Trafficking in methaqualone, more
24 than 25 kilograms.
25 893.135
26 (1)(f)1.c. 1st Trafficking in amphetamine, more
27 than 200 grams.
28 Section 4. This act shall take effect October 1 of the
29 year in which enacted and shall apply to offenses committed on
30 or after that date.
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1 *****************************************
2 HOUSE SUMMARY
3
Reclassifies or increases the penalties for the offenses
4 of falsely assuming or pretending to be, or falsely
personating, an officer or specified personnel. Provides
5 that such false assumption or pretense is a felony of the
second degree. Provides that such false personation
6 during the course of the commission of a felony is a
felony of the first degree. Provides that such false
7 personation during the commission of a felony which
results in the death or personal injury of another human
8 being is a felony of the first degree punishable by life.
Provides penalties. Reclassifies and increases the
9 penalties for the offense of use in or on a
nongovernmentally owned vehicle or vessel of a flashing
10 or rotating blue light by a person other than a specified
law enforcement officer or special officer for a railroad
11 or common carrier. Provides that such offense is a felony
of the third degree. Provides for ranking of the offenses
12 in the Criminal Punishment Code offense severity ranking
chart.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
20