CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
hbd-27 Bill No. CS/HB 955
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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10 ______________________________________________________________
11 Representative(s) Stafford offered the following:
12
13 Amendment to Senate Amendment (693068) (with title
14 amendment)
15 On page 21, lines 12 through 14, of the amendment
16 Remove from the amendment, all of said lines
17
18 and insert:
19 Section 4. Effective October 1, 2000, section 782.04,
20 Florida Statutes, is amended to read:
21 782.04 Murder.--
22 (1)(a) The unlawful killing of a human being:
23 1. When perpetrated from a premeditated design to
24 effect the death of the person killed or any human being;
25 2. When committed by a person engaged in the
26 perpetration of, or in the attempt to perpetrate, any:
27 a. Trafficking offense prohibited by s. 893.135(1),
28 b. Arson,
29 c. Sexual battery,
30 d. Robbery,
31 e. Burglary,
1
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HOUSE AMENDMENT
hbd-27 Bill No. CS/HB 955
Amendment No. ___ (for drafter's use only)
1 f. Kidnapping,
2 g. Escape,
3 h. Aggravated child abuse,
4 i. Aggravated abuse of an elderly person or disabled
5 adult,
6 j. Aircraft piracy,
7 k. Unlawful throwing, placing, or discharging of a
8 destructive device or bomb,
9 l. Carjacking,
10 m. Home-invasion robbery,
11 n. Aggravated stalking,
12 o. Murder of another human being,; or
13 p. Resisting an officer with violence to his or her
14 person; or
15 3. Which resulted from the unlawful distribution of
16 any substance controlled under s. 893.03(1), cocaine as
17 described in s. 893.03(2)(a)4., or opium or any synthetic or
18 natural salt, compound, derivative, or preparation of opium by
19 a person 18 years of age or older, when such drug is proven to
20 be the proximate cause of the death of the user,
21
22 is murder in the first degree and constitutes a capital
23 felony, punishable as provided in s. 775.082.
24 (b) In all cases under this section, the procedure set
25 forth in s. 921.141 shall be followed in order to determine
26 sentence of death or life imprisonment.
27 (2) The unlawful killing of a human being, when
28 perpetrated by any act imminently dangerous to another and
29 evincing a depraved mind regardless of human life, although
30 without any premeditated design to effect the death of any
31 particular individual, is murder in the second degree and
2
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HOUSE AMENDMENT
hbd-27 Bill No. CS/HB 955
Amendment No. ___ (for drafter's use only)
1 constitutes a felony of the first degree, punishable by
2 imprisonment for a term of years not exceeding life or as
3 provided in s. 775.082, s. 775.083, or s. 775.084.
4 (3) When a person is killed in the perpetration of, or
5 in the attempt to perpetrate, any:
6 (a) Trafficking offense prohibited by s. 893.135(1),
7 (b) Arson,
8 (c) Sexual battery,
9 (d) Robbery,
10 (e) Burglary,
11 (f) Kidnapping,
12 (g) Escape,
13 (h) Aggravated child abuse,
14 (i) Aggravated abuse of an elderly person or disabled
15 adult,
16 (j) Aircraft piracy,
17 (k) Unlawful throwing, placing, or discharging of a
18 destructive device or bomb,
19 (l) Carjacking,
20 (m) Home-invasion robbery,
21 (n) Aggravated stalking, or
22 (o) Murder of another human being, or
23 (p) Resisting an officer with violence to his or her
24 person,
25
26 by a person other than the person engaged in the perpetration
27 of or in the attempt to perpetrate such felony, the person
28 perpetrating or attempting to perpetrate such felony is guilty
29 of murder in the second degree, which constitutes a felony of
30 the first degree, punishable by imprisonment for a term of
31 years not exceeding life or as provided in s. 775.082, s.
3
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HOUSE AMENDMENT
hbd-27 Bill No. CS/HB 955
Amendment No. ___ (for drafter's use only)
1 775.083, or s. 775.084.
2 (4) The unlawful killing of a human being, when
3 perpetrated without any design to effect death, by a person
4 engaged in the perpetration of, or in the attempt to
5 perpetrate, any felony other than any:
6 (a) Trafficking offense prohibited by s. 893.135(1),
7 (b) Arson,
8 (c) Sexual battery,
9 (d) Robbery,
10 (e) Burglary,
11 (f) Kidnapping,
12 (g) Escape,
13 (h) Aggravated child abuse,
14 (i) Aggravated abuse of an elderly person or disabled
15 adult,
16 (j) Aircraft piracy,
17 (k) Unlawful throwing, placing, or discharging of a
18 destructive device or bomb,
19 (l) Unlawful distribution of any substance controlled
20 under s. 893.03(1), cocaine as described in s. 893.03(2)(a)4.,
21 or opium or any synthetic or natural salt, compound,
22 derivative, or preparation of opium by a person 18 years of
23 age or older, when such drug is proven to be the proximate
24 cause of the death of the user,
25 (m) Carjacking,
26 (n) Home-invasion robbery,
27 (o) Aggravated stalking, or
28 (p) Murder of another human being, or
29 (q) Resisting an officer with violence to his or her
30 person,
31
4
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HOUSE AMENDMENT
hbd-27 Bill No. CS/HB 955
Amendment No. ___ (for drafter's use only)
1 is murder in the third degree and constitutes a felony of the
2 second degree, punishable as provided in s. 775.082, s.
3 775.083, or s. 775.084.
4 Section 5. For the purpose of incorporating the
5 amendment to section 782.04, Florida Statutes, in references
6 thereto, the sections or subdivisions of Florida Statutes set
7 forth below are reenacted to read:
8 775.0823 Violent offenses committed against law
9 enforcement officers, correctional officers, state attorneys,
10 assistant state attorneys, justices, or judges.--Any provision
11 of law to the contrary notwithstanding, the Legislature does
12 hereby provide for an increase and certainty of penalty for
13 any person convicted of a violent offense against any law
14 enforcement or correctional officer, as defined in s.
15 943.10(1), (2), (3), (6), (7), (8), or (9); against any state
16 attorney elected pursuant to s. 27.01 or assistant state
17 attorney appointed under s. 27.181; or against any justice or
18 judge of a court described in Art. V of the State
19 Constitution, which offense arises out of or in the scope of
20 the officer's duty as a law enforcement or correctional
21 officer, the state attorney's or assistant state attorney's
22 duty as a prosecutor or investigator, or the justice's or
23 judge's duty as a judicial officer, as follows:
24 (1) For murder in the first degree as described in s.
25 782.04(1), if the death sentence is not imposed, a sentence of
26 imprisonment for life without eligibility for release.
27 (2) For attempted murder in the first degree as
28 described in s. 782.04(1), a sentence pursuant to the Criminal
29 Punishment Code.
30 (3) For murder in the second degree as described in s.
31 782.04(2) and (3), a sentence pursuant to the Criminal
5
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HOUSE AMENDMENT
hbd-27 Bill No. CS/HB 955
Amendment No. ___ (for drafter's use only)
1 Punishment Code.
2 (4) For attempted murder in the second degree as
3 described in s. 782.04(2) and (3), a sentence pursuant to the
4 Criminal Punishment Code.
5 (5) For murder in the third degree as described in s.
6 782.04(4), a sentence pursuant to the Criminal Punishment
7 Code.
8 (6) For attempted murder in the third degree as
9 described in s. 782.04(4), a sentence pursuant to the Criminal
10 Punishment Code.
11
12 Notwithstanding the provisions of s. 948.01, with respect to
13 any person who is found to have violated this section,
14 adjudication of guilt or imposition of sentence shall not be
15 suspended, deferred, or withheld.
16 782.051 Attempted felony murder.--
17 (1) Any person who perpetrates or attempts to
18 perpetrate any felony enumerated in s. 782.04(3) and who
19 commits, aids, or abets an intentional act that is not an
20 essential element of the felony and that could, but does not,
21 cause the death of another commits a felony of the first
22 degree, punishable by imprisonment for a term of years not
23 exceeding life, or as provided in s. 775.082, s. 775.083, or
24 s. 775.084, which is an offense ranked in level 9 of the
25 Criminal Punishment Code. Victim injury points shall be scored
26 under this subsection.
27 (2) Any person who perpetrates or attempts to
28 perpetrate any felony other than a felony enumerated in s.
29 782.04(3) and who commits, aids, or abets an intentional act
30 that is not an essential element of the felony and that could,
31 but does not, cause the death of another commits a felony of
6
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HOUSE AMENDMENT
hbd-27 Bill No. CS/HB 955
Amendment No. ___ (for drafter's use only)
1 the first degree, punishable as provided in s. 775.082, s.
2 775.083, or s. 775.084, which is an offense ranked in level 8
3 of the Criminal Punishment Code. Victim injury points shall be
4 scored under this subsection.
5 (3) When a person is injured during the perpetration
6 of or the attempt to perpetrate any felony enumerated in s.
7 782.04(3) by a person other than the person engaged in the
8 perpetration of or the attempt to perpetrate such felony, the
9 person perpetrating or attempting to perpetrate such felony
10 commits a felony of the second degree, punishable as provided
11 in s. 775.082, s. 775.083, or s. 775.084, which is an offense
12 ranked in level 7 of the Criminal Punishment Code. Victim
13 injury points shall be scored under this subsection.
14 903.133 Bail on appeal; prohibited for certain felony
15 convictions.--Notwithstanding the provisions of s. 903.132, no
16 person adjudged guilty of a felony of the first degree for a
17 violation of s. 782.04(2) or (3), s. 787.01, s. 794.011(4), s.
18 806.01, s. 893.13, or s. 893.135, or adjudged guilty of a
19 violation of s. 794.011(2) or (3), shall be admitted to bail
20 pending review either by posttrial motion or appeal.
21 921.0022 Criminal Punishment Code; offense severity
22 ranking chart.--
23 (3) OFFENSE SEVERITY RANKING CHART
24
25 Florida Felony
26 Statute Degree Description
27
28 (h) LEVEL 8
29 316.193
30 (3)(c)3.a. 2nd DUI manslaughter.
31 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
7
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HOUSE AMENDMENT
hbd-27 Bill No. CS/HB 955
Amendment No. ___ (for drafter's use only)
1 777.03(2)(a) 1st Accessory after the fact, capital
2 felony.
3 782.04(4) 2nd Killing of human without design
4 when engaged in act or attempt of
5 any felony other than arson,
6 sexual battery, robbery,
7 burglary, kidnapping, aircraft
8 piracy, or unlawfully discharging
9 bomb.
10 782.051(2) 1st Attempted felony murder while
11 perpetrating or attempting to
12 perpetrate a felony not
13 enumerated in s. 782.04(3).
14 782.071(2) 1st Committing vehicular homicide and
15 failing to render aid or give
16 information.
17 782.072(2) 1st Committing vessel homicide and
18 failing to render aid or give
19 information.
20 790.161(3) 1st Discharging a destructive device
21 which results in bodily harm or
22 property damage.
23 794.011(5) 2nd Sexual battery, victim 12 years
24 or over, offender does not use
25 physical force likely to cause
26 serious injury.
27 800.04(4) 2nd Lewd or lascivious battery.
28 806.01(1) 1st Maliciously damage dwelling or
29 structure by fire or explosive,
30 believing person in structure.
31 810.02(2)(a) 1st,PBL Burglary with assault or battery.
8
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HOUSE AMENDMENT
hbd-27 Bill No. CS/HB 955
Amendment No. ___ (for drafter's use only)
1 810.02(2)(b) 1st,PBL Burglary; armed with explosives
2 or dangerous weapon.
3 810.02(2)(c) 1st Burglary of a dwelling or
4 structure causing structural
5 damage or $1,000 or more property
6 damage.
7 812.13(2)(b) 1st Robbery with a weapon.
8 812.135(2) 1st Home-invasion robbery.
9 825.102(2) 2nd Aggravated abuse of an elderly
10 person or disabled adult.
11 825.103(2)(a) 1st Exploiting an elderly person or
12 disabled adult and property is
13 valued at $100,000 or more.
14 837.02(2) 2nd Perjury in official proceedings
15 relating to prosecution of a
16 capital felony.
17 837.021(2) 2nd Making contradictory statements
18 in official proceedings relating
19 to prosecution of a capital
20 felony.
21 860.121(2)(c) 1st Shooting at or throwing any
22 object in path of railroad
23 vehicle resulting in great bodily
24 harm.
25 860.16 1st Aircraft piracy.
26 893.13(1)(b) 1st Sell or deliver in excess of 10
27 grams of any substance specified
28 in s. 893.03(1)(a) or (b).
29 893.13(2)(b) 1st Purchase in excess of 10 grams of
30 any substance specified in s.
31 893.03(1)(a) or (b).
9
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HOUSE AMENDMENT
hbd-27 Bill No. CS/HB 955
Amendment No. ___ (for drafter's use only)
1 893.13(6)(c) 1st Possess in excess of 10 grams of
2 any substance specified in s.
3 893.03(1)(a) or (b).
4 893.135(1)(a)2. 1st Trafficking in cannabis, more
5 than 2,000 lbs., less than 10,000
6 lbs.
7 893.135
8 (1)(b)1.b. 1st Trafficking in cocaine, more than
9 200 grams, less than 400 grams.
10 893.135
11 (1)(c)1.b. 1st Trafficking in illegal drugs,
12 more than 14 grams, less than 28
13 grams.
14 893.135
15 (1)(d)1.b. 1st Trafficking in phencyclidine,
16 more than 200 grams, less than
17 400 grams.
18 893.135
19 (1)(e)1.b. 1st Trafficking in methaqualone, more
20 than 5 kilograms, less than 25
21 kilograms.
22 893.135
23 (1)(f)1.b. 1st Trafficking in amphetamine, more
24 than 28 grams, less than 200
25 grams.
26 893.135
27 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14
28 grams or more, less than 28
29 grams.
30 895.03(1) 1st Use or invest proceeds derived
31 from pattern of racketeering
10
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HOUSE AMENDMENT
hbd-27 Bill No. CS/HB 955
Amendment No. ___ (for drafter's use only)
1 activity.
2 895.03(2) 1st Acquire or maintain through
3 racketeering activity any
4 interest in or control of any
5 enterprise or real property.
6 895.03(3) 1st Conduct or participate in any
7 enterprise through pattern of
8 racketeering activity.
9 (i) LEVEL 9
10 316.193
11 (3)(c)3.b. 1st DUI manslaughter; failing to
12 render aid or give information.
13 782.04(1) 1st Attempt, conspire, or solicit to
14 commit premeditated murder.
15 782.04(3) 1st,PBL Accomplice to murder in
16 connection with arson, sexual
17 battery, robbery, burglary, and
18 other specified felonies.
19 782.051(1) 1st Attempted felony murder while
20 perpetrating or attempting to
21 perpetrate a felony enumerated in
22 s. 782.04(3).
23 782.07(2) 1st Aggravated manslaughter of an
24 elderly person or disabled adult.
25 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or
26 reward or as a shield or hostage.
27 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit
28 or facilitate commission of any
29 felony.
30 787.01(1)(a)4. 1st,PBL Kidnapping with intent to
31 interfere with performance of any
11
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HOUSE AMENDMENT
hbd-27 Bill No. CS/HB 955
Amendment No. ___ (for drafter's use only)
1 governmental or political
2 function.
3 787.02(3)(a) 1st False imprisonment; child under
4 age 13; perpetrator also commits
5 aggravated child abuse, sexual
6 battery, or lewd or lascivious
7 battery, molestation, conduct, or
8 exhibition.
9 790.161 1st Attempted capital destructive
10 device offense.
11 794.011(2) 1st Attempted sexual battery; victim
12 less than 12 years of age.
13 794.011(2) Life Sexual battery; offender younger
14 than 18 years and commits sexual
15 battery on a person less than 12
16 years.
17 794.011(4) 1st Sexual battery; victim 12 years
18 or older, certain circumstances.
19 794.011(8)(b) 1st Sexual battery; engage in sexual
20 conduct with minor 12 to 18 years
21 by person in familial or
22 custodial authority.
23 800.04(5)(b) 1st Lewd or lascivious molestation;
24 victim less than 12 years;
25 offender 18 years or older.
26 812.13(2)(a) 1st,PBL Robbery with firearm or other
27 deadly weapon.
28 812.133(2)(a) 1st,PBL Carjacking; firearm or other
29 deadly weapon.
30 827.03(2) 1st Aggravated child abuse.
31
12
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HOUSE AMENDMENT
hbd-27 Bill No. CS/HB 955
Amendment No. ___ (for drafter's use only)
1 847.0145(1) 1st Selling, or otherwise
2 transferring custody or control,
3 of a minor.
4 847.0145(2) 1st Purchasing, or otherwise
5 obtaining custody or control, of
6 a minor.
7 859.01 1st Poisoning food, drink, medicine,
8 or water with intent to kill or
9 injure another person.
10 893.135 1st Attempted capital trafficking
11 offense.
12 893.135(1)(a)3. 1st Trafficking in cannabis, more
13 than 10,000 lbs.
14 893.135
15 (1)(b)1.c. 1st Trafficking in cocaine, more than
16 400 grams, less than 150
17 kilograms.
18 893.135
19 (1)(c)1.c. 1st Trafficking in illegal drugs,
20 more than 28 grams, less than 30
21 kilograms.
22 893.135
23 (1)(d)1.c. 1st Trafficking in phencyclidine,
24 more than 400 grams.
25 893.135
26 (1)(e)1.c. 1st Trafficking in methaqualone, more
27 than 25 kilograms.
28 893.135
29 (1)(f)1.c. 1st Trafficking in amphetamine, more
30 than 200 grams.
31 (j) LEVEL 10
13
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HOUSE AMENDMENT
hbd-27 Bill No. CS/HB 955
Amendment No. ___ (for drafter's use only)
1 782.04(2) 1st,PBL Unlawful killing of human; act is
2 homicide, unpremeditated.
3 787.01(1)(a)3. 1st,PBL Kidnapping; inflict bodily harm
4 upon or terrorize victim.
5 787.01(3)(a) Life Kidnapping; child under age 13,
6 perpetrator also commits
7 aggravated child abuse, sexual
8 battery, or lewd or lascivious
9 battery, molestation, conduct, or
10 exhibition.
11 782.07(3) 1st Aggravated manslaughter of a
12 child.
13 794.011(3) Life Sexual battery; victim 12 years
14 or older, offender uses or
15 threatens to use deadly weapon or
16 physical force to cause serious
17 injury.
18 876.32 1st Treason against the state.
19 947.146 Control Release Authority.--
20 (3) Within 120 days prior to the date the state
21 correctional system is projected pursuant to s. 216.136 to
22 exceed 99 percent of total capacity, the authority shall
23 determine eligibility for and establish a control release date
24 for an appropriate number of parole ineligible inmates
25 committed to the department and incarcerated within the state
26 who have been determined by the authority to be eligible for
27 discretionary early release pursuant to this section. In
28 establishing control release dates, it is the intent of the
29 Legislature that the authority prioritize consideration of
30 eligible inmates closest to their tentative release date. The
31 authority shall rely upon commitment data on the offender
14
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HOUSE AMENDMENT
hbd-27 Bill No. CS/HB 955
Amendment No. ___ (for drafter's use only)
1 information system maintained by the department to initially
2 identify inmates who are to be reviewed for control release
3 consideration. The authority may use a method of objective
4 risk assessment in determining if an eligible inmate should be
5 released. Such assessment shall be a part of the department's
6 management information system. However, the authority shall
7 have sole responsibility for determining control release
8 eligibility, establishing a control release date, and
9 effectuating the release of a sufficient number of inmates to
10 maintain the inmate population between 99 percent and 100
11 percent of total capacity. Inmates who are ineligible for
12 control release are inmates who are parole eligible or inmates
13 who:
14 (i) Are convicted, or have been previously convicted,
15 of committing or attempting to commit murder in the first,
16 second, or third degree under s. 782.04(1), (2), (3), or (4),
17 or have ever been convicted of any degree of murder or
18 attempted murder in another jurisdiction;
19
20 In making control release eligibility determinations under
21 this subsection, the authority may rely on any document
22 leading to or generated during the course of the criminal
23 proceedings, including, but not limited to, any presentence or
24 postsentence investigation or any information contained in
25 arrest reports relating to circumstances of the offense.
26 Section 6. This act shall take effect upon becoming a
27 law, except that sections 2 and 3 of this act shall take
28 effect July 1, 2000, and sections 4 and 5 of this act shall
29 take effect October 1, 2000.
30
31
15
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HOUSE AMENDMENT
hbd-27 Bill No. CS/HB 955
Amendment No. ___ (for drafter's use only)
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 On page 22, line 20, of the amendment
4
5 after the semicolon insert:
6 amending s. 782.04, F.S.; making it a capital
7 felony to commit the unlawful killing of a
8 human being while perpetrating or attempting to
9 perpetrate the act of resisting an officer with
10 violence to his or her person; providing
11 penalties for specified murders involving the
12 perpetration of or the attempt to perpetrate
13 the act of resisting an officer with violence
14 to his or her person; reenacting ss.
15 775.0823(1), (2), (3), (4), (5), and (6),
16 782.051, 903.133, 921.0022(3)(h), (i), and (j),
17 and 947.146(3)(i), F.S., relating to violent
18 offenses committed against law enforcement
19 officers, correctional officers, state
20 attorneys, assistant state attorneys, justices,
21 or judges, attempted felony murder, bail on
22 appeal prohibited for certain felony
23 convictions, Criminal Punishment Code offense
24 severity ranking chart, Control Release
25 Authority;
26
27
28
29
30
31
16
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