House Bill 0375c1
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Florida House of Representatives - 2000 CS/HB 375
By the Committee on Crime & Punishment and Representative
Stafford
1 A bill to be entitled
2 An act relating to criminal justice; amending
3 s. 782.04, F.S.; making it a capital felony to
4 commit the unlawful killing of a human being
5 while perpetrating or attempting to perpetrate
6 the act of resisting an officer with violence
7 to his or her person; providing penalties for
8 specified murders involving the perpetration of
9 or the attempt to perpetrate the act of
10 resisting an officer with violence to his or
11 her person; reenacting ss. 775.0823(1), (2),
12 (3), (4), (5), and (6), 782.051, 903.133,
13 921.0022(3)(h), (i), and (j), and
14 947.146(3)(i), F.S., relating to violent
15 offenses committed against law enforcement
16 officers, correctional officers, state
17 attorneys, assistant state attorneys, justices,
18 or judges, attempted felony murder, bail on
19 appeal prohibited for certain felony
20 convictions, Criminal Punishment Code offense
21 severity ranking chart, Control Release
22 Authority; providing an effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. Section 782.04, Florida Statutes, is
27 amended to read:
28 782.04 Murder.--
29 (1)(a) The unlawful killing of a human being:
30 1. When perpetrated from a premeditated design to
31 effect the death of the person killed or any human being;
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1 2. When committed by a person engaged in the
2 perpetration of, or in the attempt to perpetrate, any:
3 a. Trafficking offense prohibited by s. 893.135(1),
4 b. Arson,
5 c. Sexual battery,
6 d. Robbery,
7 e. Burglary,
8 f. Kidnapping,
9 g. Escape,
10 h. Aggravated child abuse,
11 i. Aggravated abuse of an elderly person or disabled
12 adult,
13 j. Aircraft piracy,
14 k. Unlawful throwing, placing, or discharging of a
15 destructive device or bomb,
16 l. Carjacking,
17 m. Home-invasion robbery,
18 n. Aggravated stalking,
19 o. Murder of another human being,; or
20 p. Resisting an officer with violence to his or her
21 person; or
22 3. Which resulted from the unlawful distribution of
23 any substance controlled under s. 893.03(1), cocaine as
24 described in s. 893.03(2)(a)4., or opium or any synthetic or
25 natural salt, compound, derivative, or preparation of opium by
26 a person 18 years of age or older, when such drug is proven to
27 be the proximate cause of the death of the user,
28
29 is murder in the first degree and constitutes a capital
30 felony, punishable as provided in s. 775.082.
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1 (b) In all cases under this section, the procedure set
2 forth in s. 921.141 shall be followed in order to determine
3 sentence of death or life imprisonment.
4 (2) The unlawful killing of a human being, when
5 perpetrated by any act imminently dangerous to another and
6 evincing a depraved mind regardless of human life, although
7 without any premeditated design to effect the death of any
8 particular individual, is murder in the second degree and
9 constitutes a felony of the first degree, punishable by
10 imprisonment for a term of years not exceeding life or as
11 provided in s. 775.082, s. 775.083, or s. 775.084.
12 (3) When a person is killed in the perpetration of, or
13 in the attempt to perpetrate, any:
14 (a) Trafficking offense prohibited by s. 893.135(1),
15 (b) Arson,
16 (c) Sexual battery,
17 (d) Robbery,
18 (e) Burglary,
19 (f) Kidnapping,
20 (g) Escape,
21 (h) Aggravated child abuse,
22 (i) Aggravated abuse of an elderly person or disabled
23 adult,
24 (j) Aircraft piracy,
25 (k) Unlawful throwing, placing, or discharging of a
26 destructive device or bomb,
27 (l) Carjacking,
28 (m) Home-invasion robbery,
29 (n) Aggravated stalking, or
30 (o) Murder of another human being, or
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1 (p) Resisting an officer with violence to his or her
2 person,
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4 by a person other than the person engaged in the perpetration
5 of or in the attempt to perpetrate such felony, the person
6 perpetrating or attempting to perpetrate such felony is guilty
7 of murder in the second degree, which constitutes a felony of
8 the first degree, punishable by imprisonment for a term of
9 years not exceeding life or as provided in s. 775.082, s.
10 775.083, or s. 775.084.
11 (4) The unlawful killing of a human being, when
12 perpetrated without any design to effect death, by a person
13 engaged in the perpetration of, or in the attempt to
14 perpetrate, any felony other than any:
15 (a) Trafficking offense prohibited by s. 893.135(1),
16 (b) Arson,
17 (c) Sexual battery,
18 (d) Robbery,
19 (e) Burglary,
20 (f) Kidnapping,
21 (g) Escape,
22 (h) Aggravated child abuse,
23 (i) Aggravated abuse of an elderly person or disabled
24 adult,
25 (j) Aircraft piracy,
26 (k) Unlawful throwing, placing, or discharging of a
27 destructive device or bomb,
28 (l) Unlawful distribution of any substance controlled
29 under s. 893.03(1), cocaine as described in s. 893.03(2)(a)4.,
30 or opium or any synthetic or natural salt, compound,
31 derivative, or preparation of opium by a person 18 years of
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1 age or older, when such drug is proven to be the proximate
2 cause of the death of the user,
3 (m) Carjacking,
4 (n) Home-invasion robbery,
5 (o) Aggravated stalking, or
6 (p) Murder of another human being, or
7 (q) Resisting an officer with violence to his or her
8 person,
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10 is murder in the third degree and constitutes a felony of the
11 second degree, punishable as provided in s. 775.082, s.
12 775.083, or s. 775.084.
13 Section 2. For the purpose of incorporating the
14 amendment to section 782.04, Florida Statutes, in references
15 thereto, the sections or subdivisions of Florida Statutes set
16 forth below are reenacted to read:
17 775.0823 Violent offenses committed against law
18 enforcement officers, correctional officers, state attorneys,
19 assistant state attorneys, justices, or judges.--Any provision
20 of law to the contrary notwithstanding, the Legislature does
21 hereby provide for an increase and certainty of penalty for
22 any person convicted of a violent offense against any law
23 enforcement or correctional officer, as defined in s.
24 943.10(1), (2), (3), (6), (7), (8), or (9); against any state
25 attorney elected pursuant to s. 27.01 or assistant state
26 attorney appointed under s. 27.181; or against any justice or
27 judge of a court described in Art. V of the State
28 Constitution, which offense arises out of or in the scope of
29 the officer's duty as a law enforcement or correctional
30 officer, the state attorney's or assistant state attorney's
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1 duty as a prosecutor or investigator, or the justice's or
2 judge's duty as a judicial officer, as follows:
3 (1) For murder in the first degree as described in s.
4 782.04(1), if the death sentence is not imposed, a sentence of
5 imprisonment for life without eligibility for release.
6 (2) For attempted murder in the first degree as
7 described in s. 782.04(1), a sentence pursuant to the Criminal
8 Punishment Code.
9 (3) For murder in the second degree as described in s.
10 782.04(2) and (3), a sentence pursuant to the Criminal
11 Punishment Code.
12 (4) For attempted murder in the second degree as
13 described in s. 782.04(2) and (3), a sentence pursuant to the
14 Criminal Punishment Code.
15 (5) For murder in the third degree as described in s.
16 782.04(4), a sentence pursuant to the Criminal Punishment
17 Code.
18 (6) For attempted murder in the third degree as
19 described in s. 782.04(4), a sentence pursuant to the Criminal
20 Punishment Code.
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22 Notwithstanding the provisions of s. 948.01, with respect to
23 any person who is found to have violated this section,
24 adjudication of guilt or imposition of sentence shall not be
25 suspended, deferred, or withheld.
26 782.051 Attempted felony murder.--
27 (1) Any person who perpetrates or attempts to
28 perpetrate any felony enumerated in s. 782.04(3) and who
29 commits, aids, or abets an intentional act that is not an
30 essential element of the felony and that could, but does not,
31 cause the death of another commits a felony of the first
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1 degree, punishable by imprisonment for a term of years not
2 exceeding life, or as provided in s. 775.082, s. 775.083, or
3 s. 775.084, which is an offense ranked in level 9 of the
4 Criminal Punishment Code. Victim injury points shall be scored
5 under this subsection.
6 (2) Any person who perpetrates or attempts to
7 perpetrate any felony other than a felony enumerated in s.
8 782.04(3) and who commits, aids, or abets an intentional act
9 that is not an essential element of the felony and that could,
10 but does not, cause the death of another commits a felony of
11 the first degree, punishable as provided in s. 775.082, s.
12 775.083, or s. 775.084, which is an offense ranked in level 8
13 of the Criminal Punishment Code. Victim injury points shall be
14 scored under this subsection.
15 (3) When a person is injured during the perpetration
16 of or the attempt to perpetrate any felony enumerated in s.
17 782.04(3) by a person other than the person engaged in the
18 perpetration of or the attempt to perpetrate such felony, the
19 person perpetrating or attempting to perpetrate such felony
20 commits a felony of the second degree, punishable as provided
21 in s. 775.082, s. 775.083, or s. 775.084, which is an offense
22 ranked in level 7 of the Criminal Punishment Code. Victim
23 injury points shall be scored under this subsection.
24 903.133 Bail on appeal; prohibited for certain felony
25 convictions.--Notwithstanding the provisions of s. 903.132, no
26 person adjudged guilty of a felony of the first degree for a
27 violation of s. 782.04(2) or (3), s. 787.01, s. 794.011(4), s.
28 806.01, s. 893.13, or s. 893.135, or adjudged guilty of a
29 violation of s. 794.011(2) or (3), shall be admitted to bail
30 pending review either by posttrial motion or appeal.
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1 921.0022 Criminal Punishment Code; offense severity
2 ranking chart.--
3 (3) OFFENSE SEVERITY RANKING CHART
4
5 Florida Felony
6 Statute Degree Description
7
8 (h) LEVEL 8
9 316.193
10 (3)(c)3.a. 2nd DUI manslaughter.
11 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
12 777.03(2)(a) 1st Accessory after the fact, capital
13 felony.
14 782.04(4) 2nd Killing of human without design
15 when engaged in act or attempt of
16 any felony other than arson,
17 sexual battery, robbery,
18 burglary, kidnapping, aircraft
19 piracy, or unlawfully discharging
20 bomb.
21 782.051(2) 1st Attempted felony murder while
22 perpetrating or attempting to
23 perpetrate a felony not
24 enumerated in s. 782.04(3).
25 782.071(2) 1st Committing vehicular homicide and
26 failing to render aid or give
27 information.
28 782.072(2) 1st Committing vessel homicide and
29 failing to render aid or give
30 information.
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1 790.161(3) 1st Discharging a destructive device
2 which results in bodily harm or
3 property damage.
4 794.011(5) 2nd Sexual battery, victim 12 years
5 or over, offender does not use
6 physical force likely to cause
7 serious injury.
8 800.04(4) 2nd Lewd or lascivious battery.
9 806.01(1) 1st Maliciously damage dwelling or
10 structure by fire or explosive,
11 believing person in structure.
12 810.02(2)(a) 1st,PBL Burglary with assault or battery.
13 810.02(2)(b) 1st,PBL Burglary; armed with explosives
14 or dangerous weapon.
15 810.02(2)(c) 1st Burglary of a dwelling or
16 structure causing structural
17 damage or $1,000 or more property
18 damage.
19 812.13(2)(b) 1st Robbery with a weapon.
20 812.135(2) 1st Home-invasion robbery.
21 825.102(2) 2nd Aggravated abuse of an elderly
22 person or disabled adult.
23 825.103(2)(a) 1st Exploiting an elderly person or
24 disabled adult and property is
25 valued at $100,000 or more.
26 837.02(2) 2nd Perjury in official proceedings
27 relating to prosecution of a
28 capital felony.
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1 837.021(2) 2nd Making contradictory statements
2 in official proceedings relating
3 to prosecution of a capital
4 felony.
5 860.121(2)(c) 1st Shooting at or throwing any
6 object in path of railroad
7 vehicle resulting in great bodily
8 harm.
9 860.16 1st Aircraft piracy.
10 893.13(1)(b) 1st Sell or deliver in excess of 10
11 grams of any substance specified
12 in s. 893.03(1)(a) or (b).
13 893.13(2)(b) 1st Purchase in excess of 10 grams of
14 any substance specified in s.
15 893.03(1)(a) or (b).
16 893.13(6)(c) 1st Possess in excess of 10 grams of
17 any substance specified in s.
18 893.03(1)(a) or (b).
19 893.135(1)(a)2. 1st Trafficking in cannabis, more
20 than 2,000 lbs., less than 10,000
21 lbs.
22 893.135
23 (1)(b)1.b. 1st Trafficking in cocaine, more than
24 200 grams, less than 400 grams.
25 893.135
26 (1)(c)1.b. 1st Trafficking in illegal drugs,
27 more than 14 grams, less than 28
28 grams.
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1 893.135
2 (1)(d)1.b. 1st Trafficking in phencyclidine,
3 more than 200 grams, less than
4 400 grams.
5 893.135
6 (1)(e)1.b. 1st Trafficking in methaqualone, more
7 than 5 kilograms, less than 25
8 kilograms.
9 893.135
10 (1)(f)1.b. 1st Trafficking in amphetamine, more
11 than 28 grams, less than 200
12 grams.
13 893.135
14 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14
15 grams or more, less than 28
16 grams.
17 895.03(1) 1st Use or invest proceeds derived
18 from pattern of racketeering
19 activity.
20 895.03(2) 1st Acquire or maintain through
21 racketeering activity any
22 interest in or control of any
23 enterprise or real property.
24 895.03(3) 1st Conduct or participate in any
25 enterprise through pattern of
26 racketeering activity.
27 (i) LEVEL 9
28 316.193
29 (3)(c)3.b. 1st DUI manslaughter; failing to
30 render aid or give information.
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1 782.04(1) 1st Attempt, conspire, or solicit to
2 commit premeditated murder.
3 782.04(3) 1st,PBL Accomplice to murder in
4 connection with arson, sexual
5 battery, robbery, burglary, and
6 other specified felonies.
7 782.051(1) 1st Attempted felony murder while
8 perpetrating or attempting to
9 perpetrate a felony enumerated in
10 s. 782.04(3).
11 782.07(2) 1st Aggravated manslaughter of an
12 elderly person or disabled adult.
13 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or
14 reward or as a shield or hostage.
15 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit
16 or facilitate commission of any
17 felony.
18 787.01(1)(a)4. 1st,PBL Kidnapping with intent to
19 interfere with performance of any
20 governmental or political
21 function.
22 787.02(3)(a) 1st False imprisonment; child under
23 age 13; perpetrator also commits
24 aggravated child abuse, sexual
25 battery, or lewd or lascivious
26 battery, molestation, conduct, or
27 exhibition.
28 790.161 1st Attempted capital destructive
29 device offense.
30 794.011(2) 1st Attempted sexual battery; victim
31 less than 12 years of age.
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1 794.011(2) Life Sexual battery; offender younger
2 than 18 years and commits sexual
3 battery on a person less than 12
4 years.
5 794.011(4) 1st Sexual battery; victim 12 years
6 or older, certain circumstances.
7 794.011(8)(b) 1st Sexual battery; engage in sexual
8 conduct with minor 12 to 18 years
9 by person in familial or
10 custodial authority.
11 800.04(5)(b) 1st Lewd or lascivious molestation;
12 victim less than 12 years;
13 offender 18 years or older.
14 812.13(2)(a) 1st,PBL Robbery with firearm or other
15 deadly weapon.
16 812.133(2)(a) 1st,PBL Carjacking; firearm or other
17 deadly weapon.
18 827.03(2) 1st Aggravated child abuse.
19 847.0145(1) 1st Selling, or otherwise
20 transferring custody or control,
21 of a minor.
22 847.0145(2) 1st Purchasing, or otherwise
23 obtaining custody or control, of
24 a minor.
25 859.01 1st Poisoning food, drink, medicine,
26 or water with intent to kill or
27 injure another person.
28 893.135 1st Attempted capital trafficking
29 offense.
30 893.135(1)(a)3. 1st Trafficking in cannabis, more
31 than 10,000 lbs.
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1 893.135
2 (1)(b)1.c. 1st Trafficking in cocaine, more than
3 400 grams, less than 150
4 kilograms.
5 893.135
6 (1)(c)1.c. 1st Trafficking in illegal drugs,
7 more than 28 grams, less than 30
8 kilograms.
9 893.135
10 (1)(d)1.c. 1st Trafficking in phencyclidine,
11 more than 400 grams.
12 893.135
13 (1)(e)1.c. 1st Trafficking in methaqualone, more
14 than 25 kilograms.
15 893.135
16 (1)(f)1.c. 1st Trafficking in amphetamine, more
17 than 200 grams.
18 (j) LEVEL 10
19 782.04(2) 1st,PBL Unlawful killing of human; act is
20 homicide, unpremeditated.
21 787.01(1)(a)3. 1st,PBL Kidnapping; inflict bodily harm
22 upon or terrorize victim.
23 787.01(3)(a) Life Kidnapping; child under age 13,
24 perpetrator also commits
25 aggravated child abuse, sexual
26 battery, or lewd or lascivious
27 battery, molestation, conduct, or
28 exhibition.
29 782.07(3) 1st Aggravated manslaughter of a
30 child.
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1 794.011(3) Life Sexual battery; victim 12 years
2 or older, offender uses or
3 threatens to use deadly weapon or
4 physical force to cause serious
5 injury.
6 876.32 1st Treason against the state.
7 947.146 Control Release Authority.--
8 (3) Within 120 days prior to the date the state
9 correctional system is projected pursuant to s. 216.136 to
10 exceed 99 percent of total capacity, the authority shall
11 determine eligibility for and establish a control release date
12 for an appropriate number of parole ineligible inmates
13 committed to the department and incarcerated within the state
14 who have been determined by the authority to be eligible for
15 discretionary early release pursuant to this section. In
16 establishing control release dates, it is the intent of the
17 Legislature that the authority prioritize consideration of
18 eligible inmates closest to their tentative release date. The
19 authority shall rely upon commitment data on the offender
20 information system maintained by the department to initially
21 identify inmates who are to be reviewed for control release
22 consideration. The authority may use a method of objective
23 risk assessment in determining if an eligible inmate should be
24 released. Such assessment shall be a part of the department's
25 management information system. However, the authority shall
26 have sole responsibility for determining control release
27 eligibility, establishing a control release date, and
28 effectuating the release of a sufficient number of inmates to
29 maintain the inmate population between 99 percent and 100
30 percent of total capacity. Inmates who are ineligible for
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1 control release are inmates who are parole eligible or inmates
2 who:
3 (i) Are convicted, or have been previously convicted,
4 of committing or attempting to commit murder in the first,
5 second, or third degree under s. 782.04(1), (2), (3), or (4),
6 or have ever been convicted of any degree of murder or
7 attempted murder in another jurisdiction;
8
9 In making control release eligibility determinations under
10 this subsection, the authority may rely on any document
11 leading to or generated during the course of the criminal
12 proceedings, including, but not limited to, any presentence or
13 postsentence investigation or any information contained in
14 arrest reports relating to circumstances of the offense.
15 Section 3. This act shall take effect October 1, 2000.
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