House Bill 0435

    Florida House of Representatives - 1999                 HB 435

        By Representative Kelly






  1                      A bill to be entitled

  2         An act relating to accessories after the fact;

  3         amending s. 777.03, F.S.; deleting a limitation

  4         on certain persons who qualify as accessories

  5         after the fact; providing a penalty; providing

  6         an effective date.

  7

  8  Be It Enacted by the Legislature of the State of Florida:

  9

10         Section 1.  Section 777.03, Florida Statutes, as

11  amended by chapter 97-194, Laws of Florida, is amended to

12  read:

13         777.03  Accessory after the fact.--

14         (1)  Any person not standing in the relation of husband

15  or wife, parent or grandparent, child or grandchild, brother

16  or sister, by consanguinity or affinity to the offender, who

17  maintains or assists the principal or accessory before the

18  fact, or gives the offender any other aid, knowing that the

19  offender had committed a felony or been accessory thereto

20  before the fact, with intent that the offender avoids or

21  escapes detection, arrest, trial or punishment, is an

22  accessory after the fact.

23         (2)(a)  If the felony offense committed is a capital

24  felony, the offense of accessory after the fact is a felony of

25  the first degree, punishable as provided in s. 775.082, s.

26  775.083, or s. 775.084.

27         (b)  If the felony offense committed is a life felony

28  or a felony of the first degree, the offense of accessory

29  after the fact is a felony of the second degree, punishable as

30  provided in s. 775.082, s. 775.083, or s. 775.084.

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






    Florida House of Representatives - 1999                 HB 435

    90-405-99






  1         (c)  If the felony offense committed is a felony of the

  2  second degree or a felony of the third degree ranked in level

  3  3, 4, 5, 6, 7, 8, 9, or 10 under s. 921.0022 or s. 921.0023,

  4  the offense of accessory after the fact is a felony of the

  5  third degree, punishable as provided in s. 775.082, s.

  6  775.083, or s. 775.084.

  7         (d)  If the felony offense committed is a felony of the

  8  third degree ranked in level 1 or level 2 under s. 921.0022 or

  9  s. 921.0023, the offense of accessory after the fact is a

10  misdemeanor of the first degree, punishable as provided in s.

11  775.082, s. 775.083, or s. 775.084.

12         (3)  Except as otherwise provided in s. 921.0022, for

13  purposes of sentencing under chapter 921 and determining

14  incentive gain-time eligibility under chapter 944, the offense

15  of accessory after the fact is ranked two levels below the

16  ranking under s. 921.0022 or s. 921.0023 of the felony offense

17  committed.

18         Section 2.  This act shall take effect October 1, 1999.

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20            *****************************************

21                          HOUSE SUMMARY

22
      Deletes a limitation excluding any person standing in the
23    relation of husband or wife, parent or grandparent, child
      or grandchild, brother or sister, by consanguinity or
24    affinity to the offender from being considered an
      accessory after the fact.
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