Senate Bill 0096

    Florida Senate - 1999                                    SB 96

    By Senator Campbell





    33-324-99

  1                      A bill to be entitled

  2         An act relating to crimes committed with a

  3         firearm; amending s. 790.07, F.S.; providing

  4         for mandatory sentences for persons who commit

  5         or attempt to commit a forcible felony with a

  6         firearm; providing an effective date.

  7

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

  9

10         Section 1.  Section 790.07, Florida Statutes, is

11  amended to read:

12         790.07  Persons engaged in criminal offense, having

13  weapons.--

14         (1)  Whoever, while committing or attempting to commit

15  any felony or while under indictment, displays, uses,

16  threatens, or attempts to use any weapon or electric weapon or

17  device or carries a concealed weapon is guilty of a felony of

18  the third degree, punishable as provided in s. 775.082, s.

19  775.083, or s. 775.084.

20         (2)  Whoever, while committing or attempting to commit

21  any felony, displays, uses, threatens, or attempts to use any

22  firearm or carries a concealed firearm is guilty of a felony

23  of the second degree, punishable as provided in s. 775.082, s.

24  775.083, and s. 775.084.

25         (3)(a)  Whoever commits or attempts to commit a

26  forcible felony as defined in s. 776.08 while possessing a

27  firearm shall receive a minimum mandatory sentence of 10

28  years.

29         (b)  Whoever fires a firearm while committing or

30  attempting to commit a forcible felony as defined in s. 776.08

31  shall receive a mandatory sentence of 20 years.

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






    Florida Senate - 1999                                    SB 96
    33-324-99




  1         (c)  Whoever fires a firearm while committing or

  2  attempting to commit a forcible felony as defined in s. 776.08

  3  and as a result causes bodily injury to any person shall

  4  receive a minimum mandatory sentence of 25 years to life

  5  imprisonment.

  6         (4)(3)  The following crimes are excluded from

  7  application of this section:  Antitrust violations, unfair

  8  trade practices, restraints of trade, nonsupport of

  9  dependents, bigamy, or other similar offenses.

10         (5)(4)  Whoever, having previously been convicted of a

11  violation of subsection (1) or subsection (2) and, subsequent

12  to such conviction, displays, uses, threatens, or attempts to

13  use any weapon, firearm, or electric weapon or device, carries

14  a concealed weapon, or carries a concealed firearm while

15  committing or attempting to commit any felony or while under

16  indictment is guilty of a felony of the first degree,

17  punishable as provided in s. 775.082, s. 775.083, or s.

18  775.084. Sentence shall not be suspended or deferred under the

19  provisions of this subsection.

20         Section 2.  This act shall take effect July 1, 1999.

21

22            *****************************************

23                          SENATE SUMMARY

24    Provides mandatory sentences for persons who commit or
      attempt to commit a forcible felony with a firearm.
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