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





                                                   HOUSE AMENDMENT

                                                    Bill No. HB 55

    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) Goodlette offered the following:

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13         Amendment (with title amendment) 

14         On page 4, line 1,

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16  insert:

17         Section 3.  Subsection (7) of section 921.0021, Florida

18  Statutes, is amended to read:

19         921.0021  Definitions.--As used in this chapter, for

20  any felony offense, except any capital felony, committed on or

21  after October 1, 1998, the term:

22         (7)(a)  "Victim injury" means the physical injury or

23  death suffered by a person or animal, in an animal cruelty

24  case, as a direct result of the primary offense, or any

25  additional offense, for which an offender is convicted and

26  which is pending before the court for sentencing at the time

27  of the primary offense.

28         (b)  Except as provided in paragraph (c) or paragraph

29  (d),

30         1.  If the conviction is for an offense involving

31  sexual contact that includes sexual penetration, the sexual

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    File original & 9 copies    04/06/00
    hag0009                     04:39 pm         00055-0076-890799




                                                   HOUSE AMENDMENT

                                                    Bill No. HB 55

    Amendment No.     (for drafter's use only)





 1  penetration must be scored in accordance with the sentence

 2  points provided under s. 921.0024 for sexual penetration,

 3  regardless of whether there is evidence of any physical

 4  injury.

 5         2.  If the conviction is for an offense involving

 6  sexual contact that does not include sexual penetration, the

 7  sexual contact must be scored in accordance with the sentence

 8  points provided under s. 921.0024 for sexual contact,

 9  regardless of whether there is evidence of any physical

10  injury.

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12  If the victim of an offense involving sexual contact suffers

13  any physical injury as a direct result of the primary offense

14  or any additional offense committed by the offender resulting

15  in conviction, such physical injury must be scored separately

16  and in addition to the points scored for the sexual contact or

17  the sexual penetration.

18         (c)  The sentence points provided under s. 921.0024 for

19  sexual contact or sexual penetration may not be assessed for a

20  violation of s. 944.35(3)(b)2.

21         (d)  If the conviction is for the offense described in

22  s. 872.06, the sentence points provided under s. 921.0024 for

23  sexual contact or sexual penetration may not be assessed.

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26  ================ T I T L E   A M E N D M E N T ===============

27  And the title is amended as follows:

28         On page 1, line 29,

29  remove from the title of the bill:  all of said line

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31  and insert in lieu thereof:

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    File original & 9 copies    04/06/00
    hag0009                     04:39 pm         00055-0076-890799




                                                   HOUSE AMENDMENT

                                                    Bill No. HB 55

    Amendment No.     (for drafter's use only)





 1         or cat pelt; providing penalties; amending s.

 2         921.0021, F.S.; revising the definition of the

 3         term "victim injury" to include animals in

 4         certain cases; providing an

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    File original & 9 copies    04/06/00
    hag0009                     04:39 pm         00055-0076-890799