CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
hbd-31 Bill No. HB 4233
Amendment No. (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Stafford offered the following:
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13 Amendment (with title amendment)
14 Remove from the bill: Everything after the enacting clause
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16 and insert in lieu thereof:
17 Section 1. Section 782.04, Florida Statutes, is
18 amended to read:
19 782.04 Murder.--
20 (1)(a) The unlawful killing of a human being:
21 1. When perpetrated from a premeditated design to
22 effect the death of the person killed or any human being; or
23 2. When committed by a person engaged in the
24 perpetration of, or in the attempt to perpetrate, any:
25 a. Trafficking offense prohibited by s. 893.135(1),
26 b. Arson,
27 c. Sexual battery,
28 d. Robbery,
29 e. Burglary,
30 f. Kidnapping,
31 g. Escape,
1
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HOUSE AMENDMENT
hbd-31 Bill No. HB 4233
Amendment No. (for drafter's use only)
1 h. Aggravated child abuse,
2 i. Aggravated abuse of an elderly person or disabled
3 adult,
4 j. Aircraft piracy,
5 k. Unlawful throwing, placing, or discharging of a
6 destructive device or bomb,
7 l. Carjacking,
8 m. Home-invasion robbery,
9 n. Aggravated stalking, or
10 o. Murder of another human being; or
11 3. Which resulted from the unlawful distribution of
12 any substance controlled under s. 893.03(1), cocaine as
13 described in s. 893.03(2)(a)4., or opium or any synthetic or
14 natural salt, compound, derivative, or preparation of opium by
15 a person 18 years of age or older, when such drug is proven to
16 be the proximate cause of the death of the user,
17
18 is murder in the first degree and constitutes a capital
19 felony, punishable as provided in s. 775.082.
20 (b) In all cases under this section, the procedure set
21 forth in s. 921.141 shall be followed in order to determine
22 sentence of death or life imprisonment.
23 (2) The unlawful killing of a human being, when
24 perpetrated by any act imminently dangerous to another and
25 evincing a depraved mind regardless of human life, although
26 without any premeditated design to effect the death of any
27 particular individual, is murder in the second degree and
28 constitutes a felony of the first degree, punishable by
29 imprisonment for a term of years not exceeding life or as
30 provided in s. 775.082, s. 775.083, or s. 775.084.
31 (3) When a person is killed in the perpetration of, or
2
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HOUSE AMENDMENT
hbd-31 Bill No. HB 4233
Amendment No. (for drafter's use only)
1 in the attempt to perpetrate, any:
2 (a) Trafficking offense prohibited by s. 893.135(1),
3 (b) Arson,
4 (c) Sexual battery,
5 (d) Robbery,
6 (e) Burglary,
7 (f) Kidnapping,
8 (g) Escape,
9 (h) Aggravated child abuse,
10 (i) Aggravated abuse of an elderly person or disabled
11 adult,
12 (j) Aircraft piracy,
13 (k) Unlawful throwing, placing, or discharging of a
14 destructive device or bomb,
15 (l) Carjacking,
16 (m) Home-invasion robbery, or
17 (n) Aggravated stalking, or
18 (o) Murder of another human being,
19
20 by a person other than the person engaged in the perpetration
21 of or in the attempt to perpetrate such felony, the person
22 perpetrating or attempting to perpetrate such felony is guilty
23 of murder in the second degree, which constitutes a felony of
24 the first degree, punishable by imprisonment for a term of
25 years not exceeding life or as provided in s. 775.082, s.
26 775.083, or s. 775.084.
27 (4) The unlawful killing of a human being, when
28 perpetrated without any design to effect death, by a person
29 engaged in the perpetration of, or in the attempt to
30 perpetrate, any felony other than any:
31 (a) Trafficking offense prohibited by s. 893.135(1),
3
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HOUSE AMENDMENT
hbd-31 Bill No. HB 4233
Amendment No. (for drafter's use only)
1 (b) Arson,
2 (c) Sexual battery,
3 (d) Robbery,
4 (e) Burglary,
5 (f) Kidnapping,
6 (g) Escape,
7 (h) Aggravated child abuse,
8 (i) Aggravated abuse of an elderly person or disabled
9 adult,
10 (j) Aircraft piracy,
11 (k) Unlawful throwing, placing, or discharging of a
12 destructive device or bomb,
13 (l) Unlawful distribution of any substance controlled
14 under s. 893.03(1), cocaine as described in s. 893.03(2)(a)4.,
15 or opium or any synthetic or natural salt, compound,
16 derivative, or preparation of opium by a person 18 years of
17 age or older, when such drug is proven to be the proximate
18 cause of the death of the user,
19 (m) Carjacking,
20 (n) Home-invasion robbery, or
21 (o) Aggravated stalking, or
22 (p) Murder of another human being,
23
24 is murder in the third degree and constitutes a felony of the
25 second degree, punishable as provided in s. 775.082, s.
26 775.083, or s. 775.084.
27 Section 2. For the purpose of incorporating the
28 amendment made by this act to section 782.04, Florida
29 Statutes, in references thereto, paragraph (d) of subsection
30 (1) of section 39.464, Florida Statutes, is reenacted to read:
31 39.464 Grounds for termination of parental rights.--
4
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HOUSE AMENDMENT
hbd-31 Bill No. HB 4233
Amendment No. (for drafter's use only)
1 (1) The department, the guardian ad litem, a licensed
2 child-placing agency, or any person who has knowledge of the
3 facts alleged or who is informed of said facts and believes
4 that they are true, may petition for the termination of
5 parental rights under any of the following circumstances:
6 (d) When the parent of a child is incarcerated in a
7 state or federal correctional institution and:
8 1. The period of time for which the parent is expected
9 to be incarcerated will constitute a substantial portion of
10 the period of time before the child will attain the age of 18
11 years;
12 2. The incarcerated parent has been determined by the
13 court to be a violent career criminal as defined in s.
14 775.084, a habitual violent felony offender as defined in s.
15 775.084, or a sexual predator as defined in s. 775.21; has
16 been convicted of first degree or second degree murder in
17 violation of s. 782.04 or a sexual battery that constitutes a
18 capital, life, or first degree felony violation of s. 794.011;
19 or has been convicted of an offense in another jurisdiction
20 which is substantially similar to one of the offenses listed
21 in this paragraph. As used in this section, the term
22 "substantially similar offense" means any offense that is
23 substantially similar in elements and penalties to one of
24 those listed in this paragraph, and that is in violation of a
25 law of any other jurisdiction, whether that of another state,
26 the District of Columbia, the United States or any possession
27 or territory thereof, or any foreign jurisdiction; and
28 3. The court determines by clear and convincing
29 evidence that continuing the parental relationship with the
30 incarcerated parent would be harmful to the child and, for
31 this reason, that termination of the parental rights of the
5
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HOUSE AMENDMENT
hbd-31 Bill No. HB 4233
Amendment No. (for drafter's use only)
1 incarcerated parent is in the best interest of the child.
2 Section 3. For the purpose of incorporating the
3 amendment made by this act to section 782.04, Florida
4 Statutes, in references thereto, paragraph (b) of subsection
5 (2) of section 435.03, Florida Statutes, is reenacted to read:
6 435.03 Level 1 screening standards.--
7 (2) Any person for whom employment screening is
8 required by statute must not have been found guilty of,
9 regardless of adjudication, or entered a plea of nolo
10 contendere or guilty to, any offense prohibited under any of
11 the following provisions of the Florida Statutes or under any
12 similar statute of another jurisdiction:
13 (b) Section 782.04, relating to murder.
14 Section 4. For the purpose of incorporating the
15 amendment made by this act to section 782.04, Florida
16 Statutes, in references thereto, paragraph (b) of subsection
17 (2) of section 435.04, Florida Statutes, is reenacted to read:
18 435.04 Level 2 screening standards.--
19 (2) The security background investigations under this
20 section must ensure that no persons subject to the provisions
21 of this section have been found guilty of, regardless of
22 adjudication, or entered a plea of nolo contendere or guilty
23 to, any offense prohibited under any of the following
24 provisions of the Florida Statutes or under any similar
25 statute of another jurisdiction:
26 (b) Section 782.04, relating to murder.
27 Section 5. For the purpose of incorporating the
28 amendment made by this act to section 782.04, Florida
29 Statutes, in references thereto, subsections (1) and (2) of
30 section 775.0823, Florida Statutes, as amended by section 11
31 of chapter 97-194, Laws of Florida, are reenacted to read:
6
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HOUSE AMENDMENT
hbd-31 Bill No. HB 4233
Amendment No. (for drafter's use only)
1 775.0823 Violent offenses committed against law
2 enforcement officers, correctional officers, state attorneys,
3 assistant state attorneys, justices, or judges.--Any provision
4 of law to the contrary notwithstanding, the Legislature does
5 hereby provide for an increase and certainty of penalty for
6 any person convicted of a violent offense against any law
7 enforcement or correctional officer, as defined in s.
8 943.10(1), (2), (3), (6), (7), (8), or (9); against any state
9 attorney elected pursuant to s. 27.01 or assistant state
10 attorney appointed under s. 27.181; or against any justice or
11 judge of a court described in Art. V of the State
12 Constitution, which offense arises out of or in the scope of
13 the officer's duty as a law enforcement or correctional
14 officer, the state attorney's or assistant state attorney's
15 duty as a prosecutor or investigator, or the justice's or
16 judge's duty as a judicial officer, as follows:
17 (1) For murder in the first degree as described in s.
18 782.04(1), if the death sentence is not imposed, a sentence of
19 imprisonment for life without eligibility for release.
20 (2) For attempted murder in the first degree as
21 described in s. 782.04(1), a sentence pursuant to the Criminal
22 Punishment Code.
23
24 Notwithstanding the provisions of s. 948.01, with respect to
25 any person who is found to have violated this section,
26 adjudication of guilt or imposition of sentence shall not be
27 suspended, deferred, or withheld.
28 Section 6. For the purpose of incorporating the
29 amendment made by this act to section 782.04, Florida
30 Statutes, in references thereto, paragraph (i) of subsection
31 (3) of section 921.0022, Florida Statutes, as created by
7
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HOUSE AMENDMENT
hbd-31 Bill No. HB 4233
Amendment No. (for drafter's use only)
1 section 5 of chapter 97-194, Laws of Florida, is reenacted to
2 read:
3 921.0022 Criminal Punishment Code; offense severity
4 ranking chart.--
5 (3) OFFENSE SEVERITY RANKING CHART
6
7 Florida Felony
8 Statute Degree Description
9
10 (i) LEVEL 9
11 316.193
12 (3)(c)3.b. 1st DUI manslaughter; failing to
13 render aid or give information.
14 782.04(1) 1st Attempt, conspire, or solicit to
15 commit premeditated murder.
16 782.04(3) 1st,PBL Accomplice to murder in
17 connection with arson, sexual
18 battery, robbery, burglary, and
19 other specified felonies.
20 782.07(2) 1st Aggravated manslaughter of an
21 elderly person or disabled adult.
22 782.07(3) 1st Aggravated manslaughter of a
23 child.
24 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or
25 reward or as a shield or hostage.
26 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit
27 or facilitate commission of any
28 felony.
29 787.01(1)(a)4. 1st,PBL Kidnapping with intent to
30 interfere with performance of any
31 governmental or political
8
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hbd-31 Bill No. HB 4233
Amendment No. (for drafter's use only)
1 function.
2 787.02(3)(a) 1st False imprisonment; child under
3 age 13; perpetrator also commits
4 child abuse, sexual battery,
5 lewd, or lascivious act, etc.
6 790.161 1st Attempted capital destructive
7 device offense.
8 794.011(2) 1st Attempted sexual battery; victim
9 less than 12 years of age.
10 794.011(2) Life Sexual battery; offender younger
11 than 18 years and commits sexual
12 battery on a person less than 12
13 years.
14 794.011(4) 1st Sexual battery; victim 12 years
15 or older, certain circumstances.
16 794.011(8)(b) 1st Sexual battery; engage in sexual
17 conduct with minor 12 to 18 years
18 by person in familial or
19 custodial authority.
20 812.13(2)(a) 1st,PBL Robbery with firearm or other
21 deadly weapon.
22 812.133(2)(a) 1st,PBL Carjacking; firearm or other
23 deadly weapon.
24 847.0145(1) 1st Selling, or otherwise
25 transferring custody or control,
26 of a minor.
27 847.0145(2) 1st Purchasing, or otherwise
28 obtaining custody or control, of
29 a minor.
30 859.01 1st Poisoning food, drink, medicine,
31 or water with intent to kill or
9
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hbd-31 Bill No. HB 4233
Amendment No. (for drafter's use only)
1 injure another person.
2 893.135 1st Attempted capital trafficking
3 offense.
4 893.135(1)(a)3. 1st Trafficking in cannabis, more
5 than 10,000 lbs.
6 893.135
7 (1)(b)1.c. 1st Trafficking in cocaine, more than
8 400 grams, less than 150
9 kilograms.
10 893.135
11 (1)(c)1.c. 1st Trafficking in illegal drugs,
12 more than 28 grams, less than 30
13 kilograms.
14 893.135
15 (1)(d)1.c. 1st Trafficking in phencyclidine,
16 more than 400 grams.
17 893.135
18 (1)(e)1.c. 1st Trafficking in methaqualone, more
19 than 25 kilograms.
20 893.135
21 (1)(f)1.c. 1st Trafficking in amphetamine, more
22 than 200 grams.
23 Section 7. For the purpose of incorporating the
24 amendment made by this act to section 782.04, Florida
25 Statutes, in references thereto, subsection (1) of section
26 943.325, Florida Statutes, is reenacted to read:
27 943.325 Blood specimen testing for DNA analysis.--
28 (1)(a) Any person convicted, or who was previously
29 convicted and is still incarcerated, in this state for any
30 offense or attempted offense defined in chapter 794, chapter
31 800, s. 782.04, s. 784.045, s. 812.133, or s. 812.135, and who
10
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hbd-31 Bill No. HB 4233
Amendment No. (for drafter's use only)
1 is within the confines of the legal state boundaries, shall be
2 required to submit two specimens of blood to a Department of
3 Law Enforcement designated testing facility as directed by the
4 department.
5 (b) For the purpose of this section, the term "any
6 person" shall include both juveniles and adults committed to
7 or under the supervision of the Department of Corrections or
8 the Department of Juvenile Justice.
9 Section 8. For the purpose of incorporating the
10 amendment made by this act to section 782.04, Florida
11 Statutes, in references thereto, subsection (3) of section
12 947.146, Florida Statutes, as amended by section 31 of chapter
13 97-194, Laws of Florida, is reenacted to read:
14 947.146 Control Release Authority.--
15 (3) Within 120 days prior to the date the state
16 correctional system is projected pursuant to s. 216.136 to
17 exceed 99 percent of total capacity, the authority shall
18 determine eligibility for and establish a control release date
19 for an appropriate number of parole ineligible inmates
20 committed to the department and incarcerated within the state
21 who have been determined by the authority to be eligible for
22 discretionary early release pursuant to this section. In
23 establishing control release dates, it is the intent of the
24 Legislature that the authority prioritize consideration of
25 eligible inmates closest to their tentative release date. The
26 authority shall rely upon commitment data on the offender
27 information system maintained by the department to initially
28 identify inmates who are to be reviewed for control release
29 consideration. The authority may use a method of objective
30 risk assessment in determining if an eligible inmate should be
31 released. Such assessment shall be a part of the department's
11
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hbd-31 Bill No. HB 4233
Amendment No. (for drafter's use only)
1 management information system. However, the authority shall
2 have sole responsibility for determining control release
3 eligibility, establishing a control release date, and
4 effectuating the release of a sufficient number of inmates to
5 maintain the inmate population between 99 percent and 100
6 percent of total capacity. Inmates who are ineligible for
7 control release are inmates who are parole eligible or inmates
8 who:
9 (a) Are serving a sentence that includes a mandatory
10 minimum provision for a capital offense or drug trafficking
11 offense and have not served the number of days equal to the
12 mandatory minimum term less any jail-time credit awarded by
13 the court;
14 (b) Are serving the mandatory minimum portion of a
15 sentence enhanced under s. 775.087(2) or (3), or s. 784.07(3);
16 (c) Are convicted, or have been previously convicted,
17 of committing or attempting to commit sexual battery, incest,
18 or any of the following lewd or indecent assaults or acts:
19 masturbating in public; exposing the sexual organs in a
20 perverted manner; or nonconsensual handling or fondling of the
21 sexual organs of another person;
22 (d) Are convicted, or have been previously convicted,
23 of committing or attempting to commit assault, aggravated
24 assault, battery, or aggravated battery, and a sex act was
25 attempted or completed during commission of such offense;
26 (e) Are convicted, or have been previously convicted,
27 of committing or attempting to commit kidnapping, burglary, or
28 murder, and the offense was committed with the intent to
29 commit sexual battery or a sex act was attempted or completed
30 during commission of the offense;
31 (f) Are convicted, or have been previously convicted,
12
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hbd-31 Bill No. HB 4233
Amendment No. (for drafter's use only)
1 of committing or attempting to commit false imprisonment upon
2 a child under the age of 13 and, in the course of committing
3 the offense, the inmate committed aggravated child abuse,
4 sexual battery against the child, or a lewd, lascivious, or
5 indecent assault or act upon or in the presence of the child;
6 (g) Are sentenced, have previously been sentenced, or
7 have been sentenced at any time under s. 775.084, or have been
8 sentenced at any time in another jurisdiction as a habitual
9 offender;
10 (h) Are convicted, or have been previously convicted,
11 of committing or attempting to commit assault, aggravated
12 assault, battery, aggravated battery, kidnapping,
13 manslaughter, or murder against an officer as defined in s.
14 943.10(1), (2), (3), (6), (7), (8), or (9); against a state
15 attorney or assistant state attorney; or against a justice or
16 judge of a court described in Art. V of the State
17 Constitution; or against an officer, judge, or state attorney
18 employed in a comparable position by any other jurisdiction;
19 or
20 (i) Are convicted, or have been previously convicted,
21 of committing or attempting to commit murder in the first,
22 second, or third degree under s. 782.04(1), (2), (3), or (4),
23 or have ever been convicted of any degree of murder or
24 attempted murder in another jurisdiction;
25 (j) Are convicted, or have been previously convicted,
26 of DUI manslaughter under s. 316.193(3)(c)3., and are
27 sentenced, or have been sentenced at any time, as a habitual
28 offender for such offense, or have been sentenced at any time
29 in another jurisdiction as a habitual offender for such
30 offense;
31 (k)1. Are serving a sentence for an offense committed
13
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hbd-31 Bill No. HB 4233
Amendment No. (for drafter's use only)
1 on or after January 1, 1994, for a violation of the Law
2 Enforcement Protection Act under s. 775.0823(2), (3), (4), or
3 (5), and the subtotal of the offender's sentence points is
4 multiplied pursuant to former s. 921.0014 or s. 921.0024;
5 2. Are serving a sentence for an offense committed on
6 or after October 1, 1995, for a violation of the Law
7 Enforcement Protection Act under s. 775.0823(2), (3), (4),
8 (5), (6), (7), or (8), and the subtotal of the offender's
9 sentence points is multiplied pursuant to former s. 921.0014
10 or s. 921.0024;
11 (l) Are serving a sentence for an offense committed on
12 or after January 1, 1994, for possession of a firearm,
13 semiautomatic firearm, or machine gun in which additional
14 points are added to the subtotal of the offender's sentence
15 points pursuant to former s. 921.0014 or s. 921.0024; or
16 (m) Are convicted, or have been previously convicted,
17 of committing or attempting to commit manslaughter,
18 kidnapping, robbery, carjacking, home-invasion robbery, or a
19 burglary under s. 810.02(2).
20
21 In making control release eligibility determinations under
22 this subsection, the authority may rely on any document
23 leading to or generated during the course of the criminal
24 proceedings, including, but not limited to, any presentence or
25 postsentence investigation or any information contained in
26 arrest reports relating to circumstances of the offense.
27 Section 9. Sections 9 and 10 of this act may be cited
28 as the "Jeff Mitchell Act."
29 Section 10. Subsections (4) and (5) of section
30 921.141, Florida Statutes, are amended to read:
31 921.141 Sentence of death or life imprisonment for
14
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HOUSE AMENDMENT
hbd-31 Bill No. HB 4233
Amendment No. (for drafter's use only)
1 capital felonies; further proceedings to determine sentence.--
2 (1) SEPARATE PROCEEDINGS ON ISSUE OF PENALTY.--Upon
3 conviction or adjudication of guilt of a defendant of a
4 capital felony, the court shall conduct a separate sentencing
5 proceeding to determine whether the defendant should be
6 sentenced to death or life imprisonment as authorized by s.
7 775.082. The proceeding shall be conducted by the trial judge
8 before the trial jury as soon as practicable. If, through
9 impossibility or inability, the trial jury is unable to
10 reconvene for a hearing on the issue of penalty, having
11 determined the guilt of the accused, the trial judge may
12 summon a special juror or jurors as provided in chapter 913 to
13 determine the issue of the imposition of the penalty. If the
14 trial jury has been waived, or if the defendant pleaded
15 guilty, the sentencing proceeding shall be conducted before a
16 jury impaneled for that purpose, unless waived by the
17 defendant. In the proceeding, evidence may be presented as to
18 any matter that the court deems relevant to the nature of the
19 crime and the character of the defendant and shall include
20 matters relating to any of the aggravating or mitigating
21 circumstances enumerated in subsections (5) and (6). Any such
22 evidence which the court deems to have probative value may be
23 received, regardless of its admissibility under the
24 exclusionary rules of evidence, provided the defendant is
25 accorded a fair opportunity to rebut any hearsay statements.
26 However, this subsection shall not be construed to authorize
27 the introduction of any evidence secured in violation of the
28 Constitution of the United States or the Constitution of the
29 State of Florida. The state and the defendant or the
30 defendant's counsel shall be permitted to present argument for
31 or against sentence of death.
15
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hbd-31 Bill No. HB 4233
Amendment No. (for drafter's use only)
1 (2) ADVISORY SENTENCE BY THE JURY.--After hearing all
2 the evidence, the jury shall deliberate and render an advisory
3 sentence to the court, based upon the following matters:
4 (a) Whether sufficient aggravating circumstances exist
5 as enumerated in subsection (5);
6 (b) Whether sufficient mitigating circumstances exist
7 which outweigh the aggravating circumstances found to exist;
8 and
9 (c) Based on these considerations, whether the
10 defendant should be sentenced to life imprisonment or death.
11 (3) FINDINGS IN SUPPORT OF SENTENCE OF
12 DEATH.--Notwithstanding the recommendation of a majority of
13 the jury, the court, after weighing the aggravating and
14 mitigating circumstances, shall enter a sentence of life
15 imprisonment or death, but if the court imposes a sentence of
16 death, it shall set forth in writing its findings upon which
17 the sentence of death is based as to the facts:
18 (a) That sufficient aggravating circumstances exist as
19 enumerated in subsection (5), and
20 (b) That there are insufficient mitigating
21 circumstances to outweigh the aggravating circumstances.
22
23 In each case in which the court imposes the death sentence,
24 the determination of the court shall be supported by specific
25 written findings of fact based upon the circumstances in
26 subsections (5) and (6) and upon the records of the trial and
27 the sentencing proceedings. If the court does not make the
28 findings requiring the death sentence within 30 days after the
29 rendition of the judgment and sentence, the court shall impose
30 sentence of life imprisonment in accordance with s. 775.082.
31 (4) REVIEW OF JUDGMENT AND SENTENCE.--The judgment of
16
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hbd-31 Bill No. HB 4233
Amendment No. (for drafter's use only)
1 conviction and sentence of death shall be subject to automatic
2 review by the Supreme Court of Florida and disposition
3 rendered within 2 years after the filing of a notice of
4 appeal. Such review by the Supreme Court shall have priority
5 over all other cases and shall be heard in accordance with
6 rules promulgated by the Supreme Court.
7 (a) In any case in which the court has imposed the
8 death sentence, the judgment of conviction and sentence of
9 death shall not be held invalid, overturned, reduced, or
10 otherwise affected because a codefendant in the same case
11 accepted a plea offer from the state in exchange for trial
12 testimony, or an agreement to testify, and was not sentenced
13 to death.
14 (b) No criteria for review by the court regarding
15 aggravating or mitigating circumstances shall be utilized
16 except as authorized in this section. The court shall not
17 engage in any form of proportionality review of a death
18 sentence, including, but not limited to, review of a capital
19 case based on comparable aggravating or mitigating
20 circumstances in other capital cases, based on comparable
21 factors in the defendant's background in other capital cases,
22 or based on the rate of imposition or execution of the death
23 sentence in other capital cases.
24 (5) AGGRAVATING CIRCUMSTANCES.--Aggravating
25 circumstances shall be limited to the following:
26 (a) The capital felony was committed by a person
27 previously convicted of a felony and under sentence of
28 imprisonment or placed on community control or on felony
29 probation.
30 (b) The defendant was previously convicted of another
31 capital felony or of a felony involving the use or threat of
17
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HOUSE AMENDMENT
hbd-31 Bill No. HB 4233
Amendment No. (for drafter's use only)
1 violence to the person.
2 (c) The defendant knowingly created a great risk of
3 death to many persons.
4 (d) The capital felony was committed while the
5 defendant was engaged, or was an accomplice, in the commission
6 of, or an attempt to commit, or flight after committing or
7 attempting to commit, any: robbery; sexual battery; aggravated
8 child abuse; abuse of an elderly person or disabled adult
9 resulting in great bodily harm, permanent disability, or
10 permanent disfigurement; arson; burglary; kidnapping; aircraft
11 piracy; or unlawful throwing, placing, or discharging of a
12 destructive device or bomb.
13 (e) The capital felony was committed for the purpose
14 of avoiding or preventing a lawful arrest or effecting an
15 escape from custody.
16 (f) The capital felony was committed for pecuniary
17 gain.
18 (g) The capital felony was committed to disrupt or
19 hinder the lawful exercise of any governmental function or the
20 enforcement of laws.
21 (h) The capital felony was especially heinous,
22 atrocious, or cruel.
23 (i) The capital felony was a homicide and was
24 committed in a cold, calculated, and premeditated manner
25 without any pretense of moral or legal justification.
26 (j) During the course of committing the capital
27 felony, the defendant inflicted multiple physical injuries
28 upon the victim.
29 (k) The defendant mutilated, dismembered, or sexually
30 abused the victim's body, during or after commission of the
31 capital felony.
18
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HOUSE AMENDMENT
hbd-31 Bill No. HB 4233
Amendment No. (for drafter's use only)
1 (l)(j) The victim of the capital felony was a law
2 enforcement officer engaged in the performance of his or her
3 official duties.
4 (m)(k) The victim of the capital felony was an elected
5 or appointed public official engaged in the performance of his
6 or her official duties if the motive for the capital felony
7 was related, in whole or in part, to the victim's official
8 capacity.
9 (n)(l) The victim of the capital felony was a person
10 less than 12 years of age.
11 (o)(m) The victim of the capital felony was
12 particularly vulnerable due to advanced age or disability, or
13 because the defendant stood in a position of familial or
14 custodial authority over the victim.
15 (p) The victim had an injunction for protection in
16 effect against the defendant when the capital felony was
17 committed.
18 (q) The victim was aware of the impending homicide and
19 asked that his or her life be spared or otherwise requested
20 that the homicide not occur.
21 (r)(n) The capital felony was committed by a criminal
22 street gang member, as defined in s. 874.03.
23 (6) MITIGATING CIRCUMSTANCES.--Mitigating
24 circumstances shall be the following:
25 (a) The defendant has no significant history of prior
26 criminal activity.
27 (b) The capital felony was committed while the
28 defendant was under the influence of extreme mental or
29 emotional disturbance.
30 (c) The victim was a participant in the defendant's
31 conduct or consented to the act.
19
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HOUSE AMENDMENT
hbd-31 Bill No. HB 4233
Amendment No. (for drafter's use only)
1 (d) The defendant was an accomplice in the capital
2 felony committed by another person and his or her
3 participation was relatively minor.
4 (e) The defendant acted under extreme duress or under
5 the substantial domination of another person.
6 (f) The capacity of the defendant to appreciate the
7 criminality of his or her conduct or to conform his or her
8 conduct to the requirements of law was substantially impaired.
9 (g) The age of the defendant at the time of the crime.
10 (h) The existence of any other factors in the
11 defendant's background that would mitigate against imposition
12 of the death penalty.
13
14 However, the court shall not engage in any form of
15 proportionality review of a death sentence, as prohibited in
16 subsection (4).
17 (7) VICTIM IMPACT EVIDENCE.--Once the prosecution has
18 provided evidence of the existence of one or more aggravating
19 circumstances as described in subsection (5), the prosecution
20 may introduce, and subsequently argue, victim impact evidence.
21 Such evidence shall be designed to demonstrate the victim's
22 uniqueness as an individual human being and the resultant loss
23 to the community's members by the victim's death.
24 Characterizations and opinions about the crime, the defendant,
25 and the appropriate sentence shall not be permitted as a part
26 of victim impact evidence.
27 (8) APPLICABILITY.--This section does not apply to a
28 person convicted or adjudicated guilty of a capital drug
29 trafficking felony under s. 893.135.
30 Section 11. Section 782.071, Florida Statutes, is
31 amended to read:
20
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HOUSE AMENDMENT
hbd-31 Bill No. HB 4233
Amendment No. (for drafter's use only)
1 782.071 Vehicular homicide.--"Vehicular homicide" is
2 the killing of a human being by the operation of a motor
3 vehicle by another in a reckless manner likely to cause the
4 death of, or great bodily harm to, another. Vehicular homicide
5 is:
6 (1) A felony of the second third degree, punishable as
7 provided in s. 775.082, s. 775.083, or s. 775.084.
8 (2) A felony of the first second degree, punishable as
9 provided in s. 775.082, s. 775.083, or s. 775.084, if:
10 (a) At the time of the accident, the person knew, or
11 should have known, that the accident occurred; and
12 (b) The person failed to give information and render
13 aid as required by s. 316.062.
14
15 This subsection does not require that the person knew that the
16 accident resulted in injury or death.
17 Section 12. Section 782.072, Florida Statutes, is
18 amended to read:
19 782.072 Vessel homicide.--"Vessel homicide" is the
20 killing of a human being by the operation of a vessel as
21 defined in s. 327.02 by another in a reckless manner likely to
22 cause the death of, or great bodily harm to, another. Vessel
23 homicide is:
24 (1) A felony of the second third degree, punishable as
25 provided in s. 775.082, s. 775.083, or s. 775.084.
26 (2) A felony of the first second degree, punishable as
27 provided in s. 775.082, s. 775.083, or s. 775.084, if:
28 (a) At the time of the accident, the person knew, or
29 should have known, that the accident occurred; and
30 (b) The person failed to give information and render
31 aid as required by s. 327.30(1).
21
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HOUSE AMENDMENT
hbd-31 Bill No. HB 4233
Amendment No. (for drafter's use only)
1
2 This subsection does not require that the person knew that the
3 accident resulted in injury or death.
4 Section 13. Paragraphs (g) and (h) of subsection (3)
5 of section 921.0022, Florida Statutes, are amended to read:
6 921.0022 Criminal Punishment Code; offense severity
7 ranking chart.--
8 (3) OFFENSE SEVERITY RANKING CHART
9
10 Florida Felony
11 Statute Degree Description
12
13
14 (g) LEVEL 7
15 316.193(3)(c)2. 3rd DUI resulting in serious bodily
16 injury.
17 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
18 bodily injury.
19 409.920(2) 3rd Medicaid provider fraud.
20 494.0018(2) 1st Conviction of any violation of
21 ss. 494.001-494.0077 in which the
22 total money and property
23 unlawfully obtained exceeded
24 $50,000 and there were five or
25 more victims.
26 782.07(1) 2nd Killing of a human being by the
27 act, procurement, or culpable
28 negligence of another
29 (manslaughter).
30 782.071 2nd 3rd Killing of human being by the
31 operation of a motor vehicle in a
22
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HOUSE AMENDMENT
hbd-31 Bill No. HB 4233
Amendment No. (for drafter's use only)
1 reckless manner (vehicular
2 homicide).
3 782.072 2nd 3rd Killing of a human being by the
4 operation of a vessel in a
5 reckless manner (vessel
6 homicide).
7 784.045(1)(a)1. 2nd Aggravated battery; intentionally
8 causing great bodily harm or
9 disfigurement.
10 784.045(1)(a)2. 2nd Aggravated battery; using deadly
11 weapon.
12 784.045(1)(b) 2nd Aggravated battery; perpetrator
13 aware victim pregnant.
14 784.048(4) 3rd Aggravated stalking; violation of
15 injunction or court order.
16 784.07(2)(d) 1st Aggravated battery on law
17 enforcement officer.
18 784.08(2)(a) 1st Aggravated battery on a person 65
19 years of age or older.
20 784.081(1) 1st Aggravated battery on specified
21 official or employee.
22 784.082(1) 1st Aggravated battery by detained
23 person on visitor or other
24 detainee.
25 790.07(4) 1st Specified weapons violation
26 subsequent to previous conviction
27 of s. 790.07(1) or (2).
28 790.16(1) 1st Discharge of a machine gun under
29 specified circumstances.
30 796.03 2nd Procuring any person under 16
31 years for prostitution.
23
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HOUSE AMENDMENT
hbd-31 Bill No. HB 4233
Amendment No. (for drafter's use only)
1 800.04 2nd Handle, fondle, or assault child
2 under 16 years in lewd,
3 lascivious, or indecent manner.
4 806.01(2) 2nd Maliciously damage structure by
5 fire or explosive.
6 810.02(3)(a) 2nd Burglary of occupied dwelling;
7 unarmed; no assault or battery.
8 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
9 unarmed; no assault or battery.
10 810.02(3)(d) 2nd Burglary of occupied conveyance;
11 unarmed; no assault or battery.
12 812.014(2)(a) 1st Property stolen, valued at
13 $100,000 or more; property stolen
14 while causing other property
15 damage; 1st degree grand theft.
16 812.019(2) 1st Stolen property; initiates,
17 organizes, plans, etc., the theft
18 of property and traffics in
19 stolen property.
20 812.133(2)(b) 1st Carjacking; no firearm, deadly
21 weapon, or other weapon.
22 825.102(3)(b) 2nd Neglecting an elderly person or
23 disabled adult causing great
24 bodily harm, disability, or
25 disfigurement.
26 825.1025(2) 2nd Lewd or lascivious battery upon
27 an elderly person or disabled
28 adult.
29 825.103(2)(b) 2nd Exploiting an elderly person or
30 disabled adult and property is
31 valued at $20,000 or more, but
24
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HOUSE AMENDMENT
hbd-31 Bill No. HB 4233
Amendment No. (for drafter's use only)
1 less than $100,000.
2 827.03(3)(b) 2nd Neglect of a child causing great
3 bodily harm, disability, or
4 disfigurement.
5 827.04(4) 3rd Impregnation of a child under 16
6 years of age by person 21 years
7 of age or older.
8 872.06 2nd Abuse of a dead human body.
9 893.13(1)(c)1. 1st Sell, manufacture, or deliver
10 cocaine (or other s.
11 893.03(1)(a), (1)(b), (1)(d),
12 (2)(a), or (2)(b) drugs) within
13 1,000 feet of a school.
14 893.13(4)(a) 1st Deliver to minor cocaine (or
15 other s. 893.03(1)(a), (1)(b),
16 (1)(d), (2)(a), or (2)(b) drugs).
17 893.135(1)(a)1. 1st Trafficking in cannabis, more
18 than 50 lbs., less than 2,000
19 lbs.
20 893.135
21 (1)(b)1.a. 1st Trafficking in cocaine, more than
22 28 grams, less than 200 grams.
23 893.135
24 (1)(c)1.a. 1st Trafficking in illegal drugs,
25 more than 4 grams, less than 14
26 grams.
27 893.135
28 (1)(d)1. 1st Trafficking in phencyclidine,
29 more than 28 grams, less than 200
30 grams.
31
25
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HOUSE AMENDMENT
hbd-31 Bill No. HB 4233
Amendment No. (for drafter's use only)
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 (h) LEVEL 8
8 316.193
9 (3)(c)3.a. 2nd DUI manslaughter.
10 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
11 777.03(2)(a) 1st Accessory after the fact, capital
12 felony.
13 782.04(4) 2nd Killing of human without design
14 when engaged in act or attempt of
15 any felony other than arson,
16 sexual battery, robbery,
17 burglary, kidnapping, aircraft
18 piracy, or unlawfully discharging
19 bomb.
20 782.071(2) 1st 2nd Committing vehicular homicide and
21 failing to render aid or give
22 information.
23 782.072(2) 1st 2nd Committing vessel homicide and
24 failing to render aid or give
25 information.
26 790.161(3) 1st Discharging a destructive device
27 which results in bodily harm or
28 property damage.
29 794.011(5) 2nd Sexual battery, victim 12 years
30 or over, offender does not use
31 physical force likely to cause
26
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HOUSE AMENDMENT
hbd-31 Bill No. HB 4233
Amendment No. (for drafter's use only)
1 serious injury.
2 806.01(1) 1st Maliciously damage dwelling or
3 structure by fire or explosive,
4 believing person in structure.
5 810.02(2)(a) 1st,PBL Burglary with assault or battery.
6 810.02(2)(b) 1st,PBL Burglary; armed with explosives
7 or dangerous weapon.
8 810.02(2)(c) 1st Burglary of a dwelling or
9 structure causing structural
10 damage or $1,000 or more property
11 damage.
12 812.13(2)(b) 1st Robbery with a weapon.
13 812.135(2) 1st Home-invasion robbery.
14 825.102(2) 2nd Aggravated abuse of an elderly
15 person or disabled adult.
16 825.103(2)(a) 1st Exploiting an elderly person or
17 disabled adult and property is
18 valued at $100,000 or more.
19 827.03(2) 2nd Aggravated child abuse.
20 860.121(2)(c) 1st Shooting at or throwing any
21 object in path of railroad
22 vehicle resulting in great bodily
23 harm.
24 860.16 1st Aircraft piracy.
25 893.13(1)(b) 1st Sell or deliver in excess of 10
26 grams of any substance specified
27 in s. 893.03(1)(a) or (b).
28 893.13(2)(b) 1st Purchase in excess of 10 grams of
29 any substance specified in s.
30 893.03(1)(a) or (b).
31
27
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HOUSE AMENDMENT
hbd-31 Bill No. HB 4233
Amendment No. (for drafter's use only)
1 893.13(6)(c) 1st Possess in excess of 10 grams of
2 any substance specified in s.
3 893.03(1)(a) or (b).
4 893.135(1)(a)2. 1st Trafficking in cannabis, more
5 than 2,000 lbs., less than 10,000
6 lbs.
7 893.135
8 (1)(b)1.b. 1st Trafficking in cocaine, more than
9 200 grams, less than 400 grams.
10 893.135
11 (1)(c)1.b. 1st Trafficking in illegal drugs,
12 more than 14 grams, less than 28
13 grams.
14 893.135
15 (1)(d)1.b. 1st Trafficking in phencyclidine,
16 more than 200 grams, less than
17 400 grams.
18 893.135
19 (1)(e)1.b. 1st Trafficking in methaqualone, more
20 than 5 kilograms, less than 25
21 kilograms.
22 893.135
23 (1)(f)1.b. 1st Trafficking in amphetamine, more
24 than 28 grams, less than 200
25 grams.
26 895.03(1) 1st Use or invest proceeds derived
27 from pattern of racketeering
28 activity.
29 895.03(2) 1st Acquire or maintain through
30 racketeering activity any
31 interest in or control of any
28
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HOUSE AMENDMENT
hbd-31 Bill No. HB 4233
Amendment No. (for drafter's use only)
1 enterprise or real property.
2 895.03(3) 1st Conduct or participate in any
3 enterprise through pattern of
4 racketeering activity.
5 Section 14. Paragraph (a) of subsection (9) of section
6 960.13, Florida Statutes, is amended to read:
7 960.13 Awards.--
8 (9)(a) An award may not exceed $10,000 for treatment
9 or a total of $15,000 for all compensable cost or losses,
10 unless the department makes a written finding that a crime
11 directly caused major medical expenses or catastrophic
12 economic losses to a victim. However, awards for treatment may
13 not exceed $10,000. The department may adopt rules that, by
14 rule adopted pursuant to chapter 120, establish criteria
15 governing awards for major medical expenses and catastrophic
16 economic losses and may adopt rules that establish limits
17 below $15,000 for awards for particular types of costs or
18 losses. Any application filed on or after October 1, 1996,
19 shall be governed under this section.
20 Section 15. Section 782.071, Florida Statutes, is
21 amended to read:
22 782.071 Vehicular homicide.--"Vehicular homicide" is
23 the killing of a human being, or the killing of a viable fetus
24 by any injury to the mother caused by the operation of a motor
25 vehicle by another in a reckless manner likely to cause the
26 death of, or great bodily harm to, another. Vehicular homicide
27 is:
28 (1) A felony of the third degree, punishable as
29 provided in s. 775.082, s. 775.083, or s. 775.084.
30 (2) A felony of the second degree, punishable as
31 provided in s. 775.082, s. 775.083, or s. 775.084, if:
29
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HOUSE AMENDMENT
hbd-31 Bill No. HB 4233
Amendment No. (for drafter's use only)
1 (a) At the time of the accident, the person knew, or
2 should have known, that the accident occurred; and
3 (b) The person failed to give information and render
4 aid as required by s. 316.062.
5
6 This subsection does not require that the person knew that the
7 accident resulted in injury or death.
8 (3) For purposes of this section, a fetus is viable
9 when it becomes capable of meaningful life outside the womb
10 through standard medical measures.
11 (4) A right of action for civil damages shall exist
12 under s. 768.19, under all circumstances, for all deaths
13 described in this section.
14 Section 16. Paragraph (g) of subsection (3) of section
15 921.0022, Florida Statutes, is amended, and paragraph (h) of
16 subsection (3) of that section is reenacted, to read:
17 921.0022 Criminal Punishment Code; offense severity
18 ranking chart.--
19 (3) OFFENSE SEVERITY RANKING CHART
20
21 Florida Felony
22 Statute Degree Description
23
24
25 (g) LEVEL 7
26 316.193(3)(c)2. 3rd DUI resulting in serious bodily
27 injury.
28 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
29 bodily injury.
30 409.920(2) 3rd Medicaid provider fraud.
31
30
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HOUSE AMENDMENT
hbd-31 Bill No. HB 4233
Amendment No. (for drafter's use only)
1 494.0018(2) 1st Conviction of any violation of
2 ss. 494.001-494.0077 in which the
3 total money and property
4 unlawfully obtained exceeded
5 $50,000 and there were five or
6 more victims.
7 782.07(1) 2nd Killing of a human being by the
8 act, procurement, or culpable
9 negligence of another
10 (manslaughter).
11 782.071 3rd Killing of human being or viable
12 fetus by the operation of a motor
13 vehicle in a reckless manner
14 (vehicular homicide).
15 782.072 3rd Killing of a human being by the
16 operation of a vessel in a
17 reckless manner (vessel
18 homicide).
19 784.045(1)(a)1. 2nd Aggravated battery; intentionally
20 causing great bodily harm or
21 disfigurement.
22 784.045(1)(a)2. 2nd Aggravated battery; using deadly
23 weapon.
24 784.045(1)(b) 2nd Aggravated battery; perpetrator
25 aware victim pregnant.
26 784.048(4) 3rd Aggravated stalking; violation of
27 injunction or court order.
28 784.07(2)(d) 1st Aggravated battery on law
29 enforcement officer.
30 784.08(2)(a) 1st Aggravated battery on a person 65
31 years of age or older.
31
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HOUSE AMENDMENT
hbd-31 Bill No. HB 4233
Amendment No. (for drafter's use only)
1 784.081(1) 1st Aggravated battery on specified
2 official or employee.
3 784.082(1) 1st Aggravated battery by detained
4 person on visitor or other
5 detainee.
6 790.07(4) 1st Specified weapons violation
7 subsequent to previous conviction
8 of s. 790.07(1) or (2).
9 790.16(1) 1st Discharge of a machine gun under
10 specified circumstances.
11 796.03 2nd Procuring any person under 16
12 years for prostitution.
13 800.04 2nd Handle, fondle, or assault child
14 under 16 years in lewd,
15 lascivious, or indecent manner.
16 806.01(2) 2nd Maliciously damage structure by
17 fire or explosive.
18 810.02(3)(a) 2nd Burglary of occupied dwelling;
19 unarmed; no assault or battery.
20 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
21 unarmed; no assault or battery.
22 810.02(3)(d) 2nd Burglary of occupied conveyance;
23 unarmed; no assault or battery.
24 812.014(2)(a) 1st Property stolen, valued at
25 $100,000 or more; property stolen
26 while causing other property
27 damage; 1st degree grand theft.
28 812.019(2) 1st Stolen property; initiates,
29 organizes, plans, etc., the theft
30 of property and traffics in
31 stolen property.
32
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HOUSE AMENDMENT
hbd-31 Bill No. HB 4233
Amendment No. (for drafter's use only)
1 812.133(2)(b) 1st Carjacking; no firearm, deadly
2 weapon, or other weapon.
3 825.102(3)(b) 2nd Neglecting an elderly person or
4 disabled adult causing great
5 bodily harm, disability, or
6 disfigurement.
7 825.1025(2) 2nd Lewd or lascivious battery upon
8 an elderly person or disabled
9 adult.
10 825.103(2)(b) 2nd Exploiting an elderly person or
11 disabled adult and property is
12 valued at $20,000 or more, but
13 less than $100,000.
14 827.03(3)(b) 2nd Neglect of a child causing great
15 bodily harm, disability, or
16 disfigurement.
17 827.04(4) 3rd Impregnation of a child under 16
18 years of age by person 21 years
19 of age or older.
20 872.06 2nd Abuse of a dead human body.
21 893.13(1)(c)1. 1st Sell, manufacture, or deliver
22 cocaine (or other s.
23 893.03(1)(a), (1)(b), (1)(d),
24 (2)(a), or (2)(b) drugs) within
25 1,000 feet of a school.
26 893.13(4)(a) 1st Deliver to minor cocaine (or
27 other s. 893.03(1)(a), (1)(b),
28 (1)(d), (2)(a), or (2)(b) drugs).
29 893.135(1)(a)1. 1st Trafficking in cannabis, more
30 than 50 lbs., less than 2,000
31 lbs.
33
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HOUSE AMENDMENT
hbd-31 Bill No. HB 4233
Amendment No. (for drafter's use only)
1 893.135
2 (1)(b)1.a. 1st Trafficking in cocaine, more than
3 28 grams, less than 200 grams.
4 893.135
5 (1)(c)1.a. 1st Trafficking in illegal drugs,
6 more than 4 grams, less than 14
7 grams.
8 893.135
9 (1)(d)1. 1st Trafficking in phencyclidine,
10 more than 28 grams, less than 200
11 grams.
12 893.135(1)(e)1. 1st Trafficking in methaqualone, more
13 than 200 grams, less than 5
14 kilograms.
15 893.135(1)(f)1. 1st Trafficking in amphetamine, more
16 than 14 grams, less than 28
17 grams.
18 (h) LEVEL 8
19 316.193
20 (3)(c)3.a. 2nd DUI manslaughter.
21 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
22 777.03(2)(a) 1st Accessory after the fact, capital
23 felony.
24 782.04(4) 2nd Killing of human without design
25 when engaged in act or attempt of
26 any felony other than arson,
27 sexual battery, robbery,
28 burglary, kidnapping, aircraft
29 piracy, or unlawfully discharging
30 bomb.
31
34
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HOUSE AMENDMENT
hbd-31 Bill No. HB 4233
Amendment No. (for drafter's use only)
1 782.071(2) 2nd Committing vehicular homicide and
2 failing to render aid or give
3 information.
4 782.072(2) 2nd Committing vessel homicide and
5 failing to render aid or give
6 information.
7 790.161(3) 1st Discharging a destructive device
8 which results in bodily harm or
9 property damage.
10 794.011(5) 2nd Sexual battery, victim 12 years
11 or over, offender does not use
12 physical force likely to cause
13 serious injury.
14 806.01(1) 1st Maliciously damage dwelling or
15 structure by fire or explosive,
16 believing person in structure.
17 810.02(2)(a) 1st,PBL Burglary with assault or battery.
18 810.02(2)(b) 1st,PBL Burglary; armed with explosives
19 or dangerous weapon.
20 810.02(2)(c) 1st Burglary of a dwelling or
21 structure causing structural
22 damage or $1,000 or more property
23 damage.
24 812.13(2)(b) 1st Robbery with a weapon.
25 812.135(2) 1st Home-invasion robbery.
26 825.102(2) 2nd Aggravated abuse of an elderly
27 person or disabled adult.
28 825.103(2)(a) 1st Exploiting an elderly person or
29 disabled adult and property is
30 valued at $100,000 or more.
31 827.03(2) 2nd Aggravated child abuse.
35
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HOUSE AMENDMENT
hbd-31 Bill No. HB 4233
Amendment No. (for drafter's use only)
1 860.121(2)(c) 1st Shooting at or throwing any
2 object in path of railroad
3 vehicle resulting in great bodily
4 harm.
5 860.16 1st Aircraft piracy.
6 893.13(1)(b) 1st Sell or deliver in excess of 10
7 grams of any substance specified
8 in s. 893.03(1)(a) or (b).
9 893.13(2)(b) 1st Purchase in excess of 10 grams of
10 any substance specified in s.
11 893.03(1)(a) or (b).
12 893.13(6)(c) 1st Possess in excess of 10 grams of
13 any substance specified in s.
14 893.03(1)(a) or (b).
15 893.135(1)(a)2. 1st Trafficking in cannabis, more
16 than 2,000 lbs., less than 10,000
17 lbs.
18 893.135
19 (1)(b)1.b. 1st Trafficking in cocaine, more than
20 200 grams, less than 400 grams.
21 893.135
22 (1)(c)1.b. 1st Trafficking in illegal drugs,
23 more than 14 grams, less than 28
24 grams.
25 893.135
26 (1)(d)1.b. 1st Trafficking in phencyclidine,
27 more than 200 grams, less than
28 400 grams.
29 893.135
30 (1)(e)1.b. 1st Trafficking in methaqualone, more
31 than 5 kilograms, less than 25
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HOUSE AMENDMENT
hbd-31 Bill No. HB 4233
Amendment No. (for drafter's use only)
1 kilograms.
2 893.135
3 (1)(f)1.b. 1st Trafficking in amphetamine, more
4 than 28 grams, less than 200
5 grams.
6 895.03(1) 1st Use or invest proceeds derived
7 from pattern of racketeering
8 activity.
9 895.03(2) 1st Acquire or maintain through
10 racketeering activity any
11 interest in or control of any
12 enterprise or real property.
13 895.03(3) 1st Conduct or participate in any
14 enterprise through pattern of
15 racketeering activity.
16 Section 17. For the purpose of incorporating the
17 amendment made by this act to section 782.071, Florida
18 Statutes, in a reference thereto, paragraph (b) of subsection
19 (3) of section 960.03, Florida Statutes, is reenacted to read:
20 960.03 Definitions.--As used in ss. 960.01-960.28,
21 unless the context otherwise requires, the term:
22 (3) "Crime" means:
23 (b) A violation of s. 316.193, s. 316.027(1), or s.
24 782.071(2), which results in physical injury or death;
25 however, no other act involving the operation of a motor
26 vehicle, boat, or aircraft which results in injury or death
27 shall constitute a crime for the purpose of this chapter
28 unless the injury or death was intentionally inflicted through
29 the use of such vehicle, boat, or aircraft or unless such
30 vehicle, boat, or aircraft is an implement of a crime to which
31 this act applies.
37
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HOUSE AMENDMENT
hbd-31 Bill No. HB 4233
Amendment No. (for drafter's use only)
1 Section 18. Subsection (3) is added to section 27.709,
2 Florida Statutes, to read: 27.709 Commission on the
3 Administration of Justice in Capital Cases.--
4 (3) The Commission on the Administration of Justice in
5 Capital Cases shall conduct a study to evaluate whether the
6 elimination of state postconviction proceedings in death
7 penalty cases will reduce delays in carrying out a sentence of
8 death in capital cases. In conducting the study the Commission
9 shall take public testimony from any interested party. The
10 Commission shall review the average number of postconviction
11 motions and writs filed in capital cases, prior legislative
12 and judicial attempts to reduce delays in capital cases, and
13 the length of time required for capital postconviction claims
14 in state and federal court. The Commission shall consider
15 average delays in capital cases, whether those delays have
16 increased in the last 10 years, and the reasons for any
17 increase in delays. The study shall include a report which
18 addresses the legal, fiscal, and practical considerations
19 concerning the elimination of state postconviction
20 proceedings, and the recommendation of the Commission. Public
21 notice shall be provided, in a manner agreed to by the
22 Commission, for all hearings where the Commission intends to
23 hear public testimony concerning the elimination of state
24 postconviction proceedings in death penalty cases for purposes
25 of this study. The report shall be submitted to the Speaker
26 of the House of Representatives, the President of the Senate,
27 and minority leaders in the House and the Senate by December
28 1, 1998.
29 Section 19. The proviso language immediately
30 preceding Specific Appropriation 962 and the proviso language
31 following Specific Appropriation 620 in the Conference Report
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HOUSE AMENDMENT
hbd-31 Bill No. HB 4233
Amendment No. (for drafter's use only)
1 On House Bill 4201 which is the General Appropriations Act for
2 fiscal year 1998-1999, shall not be deemed, in whole or in
3 part, to be repealed, nullified or modified in any way by
4 legislation passed during the 1998 regular session of the
5 Legislature unless the legislation makes specific reference to
6 this section. If either the proviso language immediately
7 preceding Specific Appropriation 962 and the proviso language
8 following Specific Appropriation 620 in the Conference Report
9 On House Bill 4201 are repealed or amended by substantive
10 legislation passed during the 1998 regular session of the
11 Legislature, then both sections of proviso are hereby
12 reenacted in full and shall have their full effect as written
13 in the Conference Report On House Bill 4201. This section is
14 hereby repealed on June 30, 1999.
15 Section 20. If any provision of this act or the
16 application thereof to any person or circumstance is held
17 invalid, the invalidity shall not affect other provisions or
18 applications of the act which can be given effect without the
19 invalid provision or application, and to this end the
20 provisions of this act are declared severable.
21 Section 21. This act shall take effect October 1 of
22 the year in which enacted.
23
24
25 ================ T I T L E A M E N D M E N T ===============
26 And the title is amended as follows:
27 remove from the title of the bill: the entire title
28
29 and insert in lieu thereof:
30 A bill to be entitled
31 An act relating to criminal offenses; amending
39
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HOUSE AMENDMENT
hbd-31 Bill No. HB 4233
Amendment No. (for drafter's use only)
1 s. 782.04, F.S.; redefining the offense of
2 capital murder in the first degree to include
3 the act of unlawfully killing a human being
4 while perpetrating, or attempting to
5 perpetrate, the murder of another human being;
6 providing penalties; providing that a person
7 who perpetrates or attempts to perpetrate a
8 murder commits felony murder in the second
9 degree when a person is killed by someone other
10 than the perpetrator; providing penalties;
11 adding murder to the list of felony offenses
12 which do not constitute third-degree felony
13 murder; reenacting ss. 39.464(1)(d),
14 435.03(2)(b), 435.04(2)(b), 775.0823(1) and
15 (2), 921.0022(3)(i), 943.325(1), and
16 947.146(3), F.S., relating to the termination
17 of parental rights, screening standards,
18 violent offenses against law enforcement
19 officers and others, the Criminal Punishment
20 Code, blood testing, and the Control Release
21 Authority, to incorporate the amendment to
22 782.04, F.S., in references thereto; creating
23 the "Jeff Mitchell Act"; amending s. 921.141,
24 F.S., relating to further proceedings to
25 determine sentence of death or life
26 imprisonment for capital felonies; providing
27 that the judgment of conviction and sentence of
28 death imposed in a capital case are not subject
29 to being held invalid, overturned, reduced, or
30 otherwise affected because a codefendant in the
31 same case accepted a plea offer in exchange for
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HOUSE AMENDMENT
hbd-31 Bill No. HB 4233
Amendment No. (for drafter's use only)
1 trial testimony, or an agreement to testify,
2 and was not sentenced to death; prohibiting the
3 Florida Supreme Court from engaging in any form
4 of proportionality review of a death sentence;
5 providing that criteria for review regarding
6 aggravating or mitigating circumstances shall
7 not be utilized except as authorized under
8 specified provisions; providing additional
9 aggravating circumstances to be weighed by the
10 court; providing for an aggravating
11 circumstance that the capital felony was
12 committed when the victim had an injunction for
13 protection in effect against the defendant;
14 providing for an aggravating circumstance that
15 the defendant inflicted multiple physical
16 injuries upon the victim; providing for an
17 aggravating circumstance that the defendant
18 mutilated, dismembered, or sexually abused the
19 victim's body, during or after commission of
20 the capital felony; providing for an
21 aggravating circumstance that the victim of a
22 homicide had asked that his or her life be
23 spared; amending ss. 782.071, 782.072, F.S.;
24 increasing the penalties imposed for committing
25 the offense of vehicular homicide or vessel
26 homicide; increasing the penalties imposed for
27 committing vehicular homicide or vessel
28 homicide and failing to give information and
29 render aid when the offender knew, or should
30 have known, that the accident occurred;
31 amending s. 921.0022, F.S., relating to the
41
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HOUSE AMENDMENT
hbd-31 Bill No. HB 4233
Amendment No. (for drafter's use only)
1 Criminal Punishment Code; conforming references
2 to changes made by the act; amending s. 960.13,
3 F.S.; limiting crimes compensation awards under
4 certain circumstances; authorizing the
5 Department of Legal Affairs to adopt certain
6 rules; amending s. 782.071, F.S.; redefining
7 the offense of "vehicular homicide" to include
8 the killing of a viable fetus by any injury to
9 the mother caused by the operation of a motor
10 vehicle by another; providing penalties;
11 specifying when a fetus is viable; providing a
12 right of action for civil damages; reenacting
13 ss. 921.0022(3)(h) and 960.03(3), F.S.,
14 relating to the offense severity ranking chart
15 and the definition of "crime" with respect to
16 the Florida Crimes Compensation Act,
17 respectively, to incorporate said amendment in
18 references; amending s. 921.0022, F.S.,
19 relating to the offense severity ranking chart,
20 to conform terminology; amending s. 27.709,
21 F.S.; providing that the Commission on the
22 Administration of Justice in Capital Cases
23 shall conduct a study concerning the
24 elimination of state postconviction proceedings
25 in death penalty cases; providing that certain
26 proviso language contained in the Conference
27 Report On House Bill 4201 may not be modified
28 through substantive legislation passed during
29 the 1998 regular session of the Legislature
30 unless certain conditions are met; providing
31 that certain proviso language contained in the
42
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HOUSE AMENDMENT
hbd-31 Bill No. HB 4233
Amendment No. (for drafter's use only)
1 Conference Report On House Bill 4201 is
2 reenacted if repealed or amended by substantive
3 legislation passed during the 1998 regular
4 session of the Legislature; providing for
5 repeal of section on June 30, 1999; providing
6 for severability; providing an effective date.
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