CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. HB 145
Amendment No. 01 (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 The Committee on Crime & Punishment 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 843.021, Florida Statutes, is
18 created to read:
19 843.021 Unlawful possession of a concealed handcuff
20 key.--
21 (1) As used in this section, the term:
22 (a) "In custody" means any time while a person has
23 been placed by a law enforcement officer in handcuffs,
24 regardless of whether such person is under formal arrest.
25 (b) "Handcuff key" means any key, tool, device,
26 implement, or other thing used, designed, or intended to aid
27 in unlocking or removing handcuffs.
28 (c) "Concealed handcuff key" means any handcuff key
29 carried by a person in a manner that indicates an intent to
30 prevent discovery of the key by a law enforcement officer,
31 including, but not limited to, a handcuff key carried:
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hcp0004 05:15 pm 00145-cp -850717
HOUSE AMENDMENT
Bill No. HB 145
Amendment No. 01 (for drafter's use only)
1 1. In a pocket of a piece of clothing of a person, and
2 unconnected to any key ring;
3 2. On a necklace of a person;
4 3. On the body part of a person or on any item of
5 clothing of such person, when the handcuff key is secured on
6 the body part or item of clothing by use of tape, glue, line,
7 or other material;
8 4. In or within any compartment, seam, fold, or other
9 encasement within any item of clothing, belt, shoe, or jewelry
10 of a person;
11 5. In or within any sock, hose, shoe, belt,
12 undergarment, glove, hat, or similar item of clothing or
13 accessory of a person;
14 6. By a person and disguised as jewelry or other
15 object; or
16 7. In or within any body cavity of a person.
17 (2) Any person who possesses a concealed handcuff key
18 commits a felony of the third degree, punishable as provided
19 in s. 775.082, s. 775.083, or s. 775.084.
20 (3) It is a defense to a charge of violating this
21 section that, immediately upon being placed in custody, the
22 person in custody actually and effectively disclosed to the
23 law enforcement officer that he or she was in possession of a
24 concealed handcuff key.
25 (4)(a) It is a defense to a charge of violating this
26 section that the person in custody and in possession of a
27 concealed handcuff key is:
28 1. A federal, state, or local law enforcement officer,
29 including a reserve or auxiliary officer, a licensed security
30 officer, or a private investigator as defined in s. 493.6101;
31 or
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hcp0004 05:15 pm 00145-cp -850717
HOUSE AMENDMENT
Bill No. HB 145
Amendment No. 01 (for drafter's use only)
1 2. A professional bail bond agent, temporary bail bond
2 agent, runner, or limited surety agent as defined in s.
3 648.25.
4 (b) However, the defense is not available to any
5 officer, investigator, agent, or runner listed in this
6 subsection if the officer, investigator, agent, or runner,
7 immediately upon being placed in custody, fails to actually
8 and effectively disclose possession of the concealed handcuff
9 key.
10 Section 2. Paragraph (d) of subsection (3) of section
11 921.0022, Florida Statutes, is amended to read:
12 921.0022 Criminal Punishment Code; offense severity
13 ranking chart.--
14 (3) OFFENSE SEVERITY RANKING CHART
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16 Florida Felony
17 Statute Degree Description
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20 (d) LEVEL 4
21 316.1935(3) 2nd Driving at high speed or with
22 wanton disregard for safety while
23 fleeing or attempting to elude
24 law enforcement officer who is in
25 a marked patrol vehicle with
26 siren and lights activated.
27 784.07(2)(b) 3rd Battery of law enforcement
28 officer, firefighter, intake
29 officer, etc.
30 784.075 3rd Battery on detention or
31 commitment facility staff.
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hcp0004 05:15 pm 00145-cp -850717
HOUSE AMENDMENT
Bill No. HB 145
Amendment No. 01 (for drafter's use only)
1 784.08(2)(c) 3rd Battery on a person 65 years of
2 age or older.
3 784.081(3) 3rd Battery on specified official or
4 employee.
5 784.082(3) 3rd Battery by detained person on
6 visitor or other detainee.
7 784.083(3) 3rd Battery on code inspector.
8 787.03(1) 3rd Interference with custody;
9 wrongly takes child from
10 appointed guardian.
11 787.04(2) 3rd Take, entice, or remove child
12 beyond state limits with criminal
13 intent pending custody
14 proceedings.
15 787.04(3) 3rd Carrying child beyond state lines
16 with criminal intent to avoid
17 producing child at custody
18 hearing or delivering to
19 designated person.
20 790.115(1) 3rd Exhibiting firearm or weapon
21 within 1,000 feet of a school.
22 790.115(2)(b) 3rd Possessing electric weapon or
23 device, destructive device, or
24 other weapon on school property.
25 790.115(2)(c) 3rd Possessing firearm on school
26 property.
27 800.04(7)(c) 3rd Lewd or lascivious exhibition;
28 offender less than 18 years.
29 810.02(4)(a) 3rd Burglary, or attempted burglary,
30 of an unoccupied structure;
31 unarmed; no assault or battery.
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hcp0004 05:15 pm 00145-cp -850717
HOUSE AMENDMENT
Bill No. HB 145
Amendment No. 01 (for drafter's use only)
1 810.02(4)(b) 3rd Burglary, or attempted burglary,
2 of an unoccupied conveyance;
3 unarmed; no assault or battery.
4 810.06 3rd Burglary; possession of tools.
5 810.08(2)(c) 3rd Trespass on property, armed with
6 firearm or dangerous weapon.
7 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000
8 or more but less than $20,000.
9 812.014
10 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will,
11 firearm, motor vehicle,
12 livestock, etc.
13 817.563(1) 3rd Sell or deliver substance other
14 than controlled substance agreed
15 upon, excluding s. 893.03(5)
16 drugs.
17 828.125(1) 2nd Kill, maim, or cause great bodily
18 harm or permanent breeding
19 disability to any registered
20 horse or cattle.
21 837.02(1) 3rd Perjury in official proceedings.
22 837.021(1) 3rd Make contradictory statements in
23 official proceedings.
24 843.021 3rd Possession of a concealed
25 handcuff key by a person in
26 custody.
27 843.025 3rd Deprive law enforcement,
28 correctional, or correctional
29 probation officer of means of
30 protection or communication.
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hcp0004 05:15 pm 00145-cp -850717
HOUSE AMENDMENT
Bill No. HB 145
Amendment No. 01 (for drafter's use only)
1 843.15(1)(a) 3rd Failure to appear while on bail
2 for felony (bond estreature or
3 bond jumping).
4 874.05(1) 3rd Encouraging or recruiting another
5 to join a criminal street gang.
6 893.13(2)(a)1. 2nd Purchase of cocaine (or other s.
7 893.03(1)(a), (b), or (d), or
8 (2)(a) or (b) drugs).
9 914.14(2) 3rd Witnesses accepting bribes.
10 914.22(1) 3rd Force, threaten, etc., witness,
11 victim, or informant.
12 914.23(2) 3rd Retaliation against a witness,
13 victim, or informant, no bodily
14 injury.
15 918.12 3rd Tampering with jurors.
16 Section 3. This act shall take effect July 1, 2000.
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19 ================ T I T L E A M E N D M E N T ===============
20 And the title is amended as follows:
21 On page 1, lines 2-7,
22 remove from the title of the bill: all of said lines,
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24 and insert in lieu thereof:
25 An act relating to the offense of possessing a
26 concealed handcuff key; creating s. 843.021,
27 F.S.; providing definitions; providing that it
28 is a third degree felony for a person placed in
29 custody to possess a concealed handcuff key;
30 providing that disclosure of such possession to
31 a law enforcement officer is a defense to the
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hcp0004 05:15 pm 00145-cp -850717
HOUSE AMENDMENT
Bill No. HB 145
Amendment No. 01 (for drafter's use only)
1 charge of unlawfully possessing a concealed
2 handcuff key; amending s. 921.0022, F.S.,
3 relating to the Criminal Punishment Code;
4 including the offense of possessing a concealed
5 handcuff key on the offense severity ranking
6 chart; providing an effective date.
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hcp0004 05:15 pm 00145-cp -850717