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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11 Representative(s) Stafford offered the following:
12
13 Amendment (with title amendment)
14 On page 13, between lines 6 and 7, of the bill
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16 insert:
17 Section 3. Effective October 1, 2000, section 782.04,
18 Florida Statutes, is amended to read:
19 782.04 Murder.--
20 (1)(a) The unlawful killing of a human being:
21 1. When perpetrated from a premeditated design to
22 effect the death of the person killed or any human being;
23 2. When committed by a person engaged in the
24 perpetration of, or in the attempt to perpetrate, any:
25 a. Trafficking offense prohibited by s. 893.135(1),
26 b. Arson,
27 c. Sexual battery,
28 d. Robbery,
29 e. Burglary,
30 f. Kidnapping,
31 g. Escape,
1
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HOUSE AMENDMENT
hbd-27 Bill No. CS/HB 955
Amendment No. ___ (for drafter's use only)
1 h. Aggravated child abuse,
2 i. Aggravated abuse of an elderly person or disabled
3 adult,
4 j. Aircraft piracy,
5 k. Unlawful throwing, placing, or discharging of a
6 destructive device or bomb,
7 l. Carjacking,
8 m. Home-invasion robbery,
9 n. Aggravated stalking,
10 o. Murder of another human being,; or
11 p. Resisting an officer with violence to his or her
12 person; or
13 3. Which resulted from the unlawful distribution of
14 any substance controlled under s. 893.03(1), cocaine as
15 described in s. 893.03(2)(a)4., or opium or any synthetic or
16 natural salt, compound, derivative, or preparation of opium by
17 a person 18 years of age or older, when such drug is proven to
18 be the proximate cause of the death of the user,
19
20 is murder in the first degree and constitutes a capital
21 felony, punishable as provided in s. 775.082.
22 (b) In all cases under this section, the procedure set
23 forth in s. 921.141 shall be followed in order to determine
24 sentence of death or life imprisonment.
25 (2) The unlawful killing of a human being, when
26 perpetrated by any act imminently dangerous to another and
27 evincing a depraved mind regardless of human life, although
28 without any premeditated design to effect the death of any
29 particular individual, is murder in the second degree and
30 constitutes a felony of the first degree, punishable by
31 imprisonment for a term of years not exceeding life or as
2
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HOUSE AMENDMENT
hbd-27 Bill No. CS/HB 955
Amendment No. ___ (for drafter's use only)
1 provided in s. 775.082, s. 775.083, or s. 775.084.
2 (3) When a person is killed in the perpetration of, or
3 in the attempt to perpetrate, any:
4 (a) Trafficking offense prohibited by s. 893.135(1),
5 (b) Arson,
6 (c) Sexual battery,
7 (d) Robbery,
8 (e) Burglary,
9 (f) Kidnapping,
10 (g) Escape,
11 (h) Aggravated child abuse,
12 (i) Aggravated abuse of an elderly person or disabled
13 adult,
14 (j) Aircraft piracy,
15 (k) Unlawful throwing, placing, or discharging of a
16 destructive device or bomb,
17 (l) Carjacking,
18 (m) Home-invasion robbery,
19 (n) Aggravated stalking, or
20 (o) Murder of another human being, or
21 (p) Resisting an officer with violence to his or her
22 person,
23
24 by a person other than the person engaged in the perpetration
25 of or in the attempt to perpetrate such felony, the person
26 perpetrating or attempting to perpetrate such felony is guilty
27 of murder in the second degree, which constitutes a felony of
28 the first degree, punishable by imprisonment for a term of
29 years not exceeding life or as provided in s. 775.082, s.
30 775.083, or s. 775.084.
31 (4) The unlawful killing of a human being, when
3
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HOUSE AMENDMENT
hbd-27 Bill No. CS/HB 955
Amendment No. ___ (for drafter's use only)
1 perpetrated without any design to effect death, by a person
2 engaged in the perpetration of, or in the attempt to
3 perpetrate, any felony other than any:
4 (a) Trafficking offense prohibited by s. 893.135(1),
5 (b) Arson,
6 (c) Sexual battery,
7 (d) Robbery,
8 (e) Burglary,
9 (f) Kidnapping,
10 (g) Escape,
11 (h) Aggravated child abuse,
12 (i) Aggravated abuse of an elderly person or disabled
13 adult,
14 (j) Aircraft piracy,
15 (k) Unlawful throwing, placing, or discharging of a
16 destructive device or bomb,
17 (l) Unlawful distribution of any substance controlled
18 under s. 893.03(1), cocaine as described in s. 893.03(2)(a)4.,
19 or opium or any synthetic or natural salt, compound,
20 derivative, or preparation of opium by a person 18 years of
21 age or older, when such drug is proven to be the proximate
22 cause of the death of the user,
23 (m) Carjacking,
24 (n) Home-invasion robbery,
25 (o) Aggravated stalking, or
26 (p) Murder of another human being, or
27 (q) Resisting an officer with violence to his or her
28 person,
29
30 is murder in the third degree and constitutes a felony of the
31 second degree, punishable as provided in s. 775.082, s.
4
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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 Section 4. For the purpose of incorporating the
3 amendment to section 782.04, Florida Statutes, in references
4 thereto, the sections or subdivisions of Florida Statutes set
5 forth below are reenacted to read:
6 775.0823 Violent offenses committed against law
7 enforcement officers, correctional officers, state attorneys,
8 assistant state attorneys, justices, or judges.--Any provision
9 of law to the contrary notwithstanding, the Legislature does
10 hereby provide for an increase and certainty of penalty for
11 any person convicted of a violent offense against any law
12 enforcement or correctional officer, as defined in s.
13 943.10(1), (2), (3), (6), (7), (8), or (9); against any state
14 attorney elected pursuant to s. 27.01 or assistant state
15 attorney appointed under s. 27.181; or against any justice or
16 judge of a court described in Art. V of the State
17 Constitution, which offense arises out of or in the scope of
18 the officer's duty as a law enforcement or correctional
19 officer, the state attorney's or assistant state attorney's
20 duty as a prosecutor or investigator, or the justice's or
21 judge's duty as a judicial officer, as follows:
22 (1) For murder in the first degree as described in s.
23 782.04(1), if the death sentence is not imposed, a sentence of
24 imprisonment for life without eligibility for release.
25 (2) For attempted murder in the first degree as
26 described in s. 782.04(1), a sentence pursuant to the Criminal
27 Punishment Code.
28 (3) For murder in the second degree as described in s.
29 782.04(2) and (3), a sentence pursuant to the Criminal
30 Punishment Code.
31 (4) For attempted murder in the second degree as
5
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HOUSE AMENDMENT
hbd-27 Bill No. CS/HB 955
Amendment No. ___ (for drafter's use only)
1 described in s. 782.04(2) and (3), a sentence pursuant to the
2 Criminal Punishment Code.
3 (5) For murder in the third degree as described in s.
4 782.04(4), a sentence pursuant to the Criminal Punishment
5 Code.
6 (6) For attempted murder in the third degree as
7 described in s. 782.04(4), a sentence pursuant to the Criminal
8 Punishment Code.
9
10 Notwithstanding the provisions of s. 948.01, with respect to
11 any person who is found to have violated this section,
12 adjudication of guilt or imposition of sentence shall not be
13 suspended, deferred, or withheld.
14 782.051 Attempted felony murder.--
15 (1) Any person who perpetrates or attempts to
16 perpetrate any felony enumerated in s. 782.04(3) and who
17 commits, aids, or abets an intentional act that is not an
18 essential element of the felony and that could, but does not,
19 cause the death of another commits a felony of the first
20 degree, punishable by imprisonment for a term of years not
21 exceeding life, or as provided in s. 775.082, s. 775.083, or
22 s. 775.084, which is an offense ranked in level 9 of the
23 Criminal Punishment Code. Victim injury points shall be scored
24 under this subsection.
25 (2) Any person who perpetrates or attempts to
26 perpetrate any felony other than a felony enumerated in s.
27 782.04(3) and who commits, aids, or abets an intentional act
28 that is not an essential element of the felony and that could,
29 but does not, cause the death of another commits a felony of
30 the first degree, punishable as provided in s. 775.082, s.
31 775.083, or s. 775.084, which is an offense ranked in level 8
6
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HOUSE AMENDMENT
hbd-27 Bill No. CS/HB 955
Amendment No. ___ (for drafter's use only)
1 of the Criminal Punishment Code. Victim injury points shall be
2 scored under this subsection.
3 (3) When a person is injured during the perpetration
4 of or the attempt to perpetrate any felony enumerated in s.
5 782.04(3) by a person other than the person engaged in the
6 perpetration of or the attempt to perpetrate such felony, the
7 person perpetrating or attempting to perpetrate such felony
8 commits a felony of the second degree, punishable as provided
9 in s. 775.082, s. 775.083, or s. 775.084, which is an offense
10 ranked in level 7 of the Criminal Punishment Code. Victim
11 injury points shall be scored under this subsection.
12 903.133 Bail on appeal; prohibited for certain felony
13 convictions.--Notwithstanding the provisions of s. 903.132, no
14 person adjudged guilty of a felony of the first degree for a
15 violation of s. 782.04(2) or (3), s. 787.01, s. 794.011(4), s.
16 806.01, s. 893.13, or s. 893.135, or adjudged guilty of a
17 violation of s. 794.011(2) or (3), shall be admitted to bail
18 pending review either by posttrial motion or appeal.
19 921.0022 Criminal Punishment Code; offense severity
20 ranking chart.--
21 (3) OFFENSE SEVERITY RANKING CHART
22
23 Florida Felony
24 Statute Degree Description
25
26 (h) LEVEL 8
27 316.193
28 (3)(c)3.a. 2nd DUI manslaughter.
29 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
30 777.03(2)(a) 1st Accessory after the fact, capital
31 felony.
7
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HOUSE AMENDMENT
hbd-27 Bill No. CS/HB 955
Amendment No. ___ (for drafter's use only)
1 782.04(4) 2nd Killing of human without design
2 when engaged in act or attempt of
3 any felony other than arson,
4 sexual battery, robbery,
5 burglary, kidnapping, aircraft
6 piracy, or unlawfully discharging
7 bomb.
8 782.051(2) 1st Attempted felony murder while
9 perpetrating or attempting to
10 perpetrate a felony not
11 enumerated in s. 782.04(3).
12 782.071(2) 1st Committing vehicular homicide and
13 failing to render aid or give
14 information.
15 782.072(2) 1st Committing vessel homicide and
16 failing to render aid or give
17 information.
18 790.161(3) 1st Discharging a destructive device
19 which results in bodily harm or
20 property damage.
21 794.011(5) 2nd Sexual battery, victim 12 years
22 or over, offender does not use
23 physical force likely to cause
24 serious injury.
25 800.04(4) 2nd Lewd or lascivious battery.
26 806.01(1) 1st Maliciously damage dwelling or
27 structure by fire or explosive,
28 believing person in structure.
29 810.02(2)(a) 1st,PBL Burglary with assault or battery.
30 810.02(2)(b) 1st,PBL Burglary; armed with explosives
31 or dangerous weapon.
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)(c) 1st Burglary of a dwelling or
2 structure causing structural
3 damage or $1,000 or more property
4 damage.
5 812.13(2)(b) 1st Robbery with a weapon.
6 812.135(2) 1st Home-invasion robbery.
7 825.102(2) 2nd Aggravated abuse of an elderly
8 person or disabled adult.
9 825.103(2)(a) 1st Exploiting an elderly person or
10 disabled adult and property is
11 valued at $100,000 or more.
12 837.02(2) 2nd Perjury in official proceedings
13 relating to prosecution of a
14 capital felony.
15 837.021(2) 2nd Making contradictory statements
16 in official proceedings relating
17 to prosecution of a capital
18 felony.
19 860.121(2)(c) 1st Shooting at or throwing any
20 object in path of railroad
21 vehicle resulting in great bodily
22 harm.
23 860.16 1st Aircraft piracy.
24 893.13(1)(b) 1st Sell or deliver in excess of 10
25 grams of any substance specified
26 in s. 893.03(1)(a) or (b).
27 893.13(2)(b) 1st Purchase in excess of 10 grams of
28 any substance specified in s.
29 893.03(1)(a) or (b).
30 893.13(6)(c) 1st Possess in excess of 10 grams of
31 any substance specified in s.
9
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HOUSE AMENDMENT
hbd-27 Bill No. CS/HB 955
Amendment No. ___ (for drafter's use only)
1 893.03(1)(a) or (b).
2 893.135(1)(a)2. 1st Trafficking in cannabis, more
3 than 2,000 lbs., less than 10,000
4 lbs.
5 893.135
6 (1)(b)1.b. 1st Trafficking in cocaine, more than
7 200 grams, less than 400 grams.
8 893.135
9 (1)(c)1.b. 1st Trafficking in illegal drugs,
10 more than 14 grams, less than 28
11 grams.
12 893.135
13 (1)(d)1.b. 1st Trafficking in phencyclidine,
14 more than 200 grams, less than
15 400 grams.
16 893.135
17 (1)(e)1.b. 1st Trafficking in methaqualone, more
18 than 5 kilograms, less than 25
19 kilograms.
20 893.135
21 (1)(f)1.b. 1st Trafficking in amphetamine, more
22 than 28 grams, less than 200
23 grams.
24 893.135
25 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14
26 grams or more, less than 28
27 grams.
28 895.03(1) 1st Use or invest proceeds derived
29 from pattern of racketeering
30 activity.
31
10
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HOUSE AMENDMENT
hbd-27 Bill No. CS/HB 955
Amendment No. ___ (for drafter's use only)
1 895.03(2) 1st Acquire or maintain through
2 racketeering activity any
3 interest in or control of any
4 enterprise or real property.
5 895.03(3) 1st Conduct or participate in any
6 enterprise through pattern of
7 racketeering activity.
8 (i) LEVEL 9
9 316.193
10 (3)(c)3.b. 1st DUI manslaughter; failing to
11 render aid or give information.
12 782.04(1) 1st Attempt, conspire, or solicit to
13 commit premeditated murder.
14 782.04(3) 1st,PBL Accomplice to murder in
15 connection with arson, sexual
16 battery, robbery, burglary, and
17 other specified felonies.
18 782.051(1) 1st Attempted felony murder while
19 perpetrating or attempting to
20 perpetrate a felony enumerated in
21 s. 782.04(3).
22 782.07(2) 1st Aggravated manslaughter of an
23 elderly person or disabled adult.
24 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or
25 reward or as a shield or hostage.
26 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit
27 or facilitate commission of any
28 felony.
29 787.01(1)(a)4. 1st,PBL Kidnapping with intent to
30 interfere with performance of any
31 governmental or political
11
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HOUSE AMENDMENT
hbd-27 Bill No. CS/HB 955
Amendment No. ___ (for drafter's use only)
1 function.
2 787.02(3)(a) 1st False imprisonment; child under
3 age 13; perpetrator also commits
4 aggravated child abuse, sexual
5 battery, or lewd or lascivious
6 battery, molestation, conduct, or
7 exhibition.
8 790.161 1st Attempted capital destructive
9 device offense.
10 794.011(2) 1st Attempted sexual battery; victim
11 less than 12 years of age.
12 794.011(2) Life Sexual battery; offender younger
13 than 18 years and commits sexual
14 battery on a person less than 12
15 years.
16 794.011(4) 1st Sexual battery; victim 12 years
17 or older, certain circumstances.
18 794.011(8)(b) 1st Sexual battery; engage in sexual
19 conduct with minor 12 to 18 years
20 by person in familial or
21 custodial authority.
22 800.04(5)(b) 1st Lewd or lascivious molestation;
23 victim less than 12 years;
24 offender 18 years or older.
25 812.13(2)(a) 1st,PBL Robbery with firearm or other
26 deadly weapon.
27 812.133(2)(a) 1st,PBL Carjacking; firearm or other
28 deadly weapon.
29 827.03(2) 1st Aggravated child abuse.
30 847.0145(1) 1st Selling, or otherwise
31 transferring custody or control,
12
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HOUSE AMENDMENT
hbd-27 Bill No. CS/HB 955
Amendment No. ___ (for drafter's use only)
1 of a minor.
2 847.0145(2) 1st Purchasing, or otherwise
3 obtaining custody or control, of
4 a minor.
5 859.01 1st Poisoning food, drink, medicine,
6 or water with intent to kill or
7 injure another person.
8 893.135 1st Attempted capital trafficking
9 offense.
10 893.135(1)(a)3. 1st Trafficking in cannabis, more
11 than 10,000 lbs.
12 893.135
13 (1)(b)1.c. 1st Trafficking in cocaine, more than
14 400 grams, less than 150
15 kilograms.
16 893.135
17 (1)(c)1.c. 1st Trafficking in illegal drugs,
18 more than 28 grams, less than 30
19 kilograms.
20 893.135
21 (1)(d)1.c. 1st Trafficking in phencyclidine,
22 more than 400 grams.
23 893.135
24 (1)(e)1.c. 1st Trafficking in methaqualone, more
25 than 25 kilograms.
26 893.135
27 (1)(f)1.c. 1st Trafficking in amphetamine, more
28 than 200 grams.
29 (j) LEVEL 10
30 782.04(2) 1st,PBL Unlawful killing of human; act is
31 homicide, unpremeditated.
13
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HOUSE AMENDMENT
hbd-27 Bill No. CS/HB 955
Amendment No. ___ (for drafter's use only)
1 787.01(1)(a)3. 1st,PBL Kidnapping; inflict bodily harm
2 upon or terrorize victim.
3 787.01(3)(a) Life Kidnapping; child under age 13,
4 perpetrator also commits
5 aggravated child abuse, sexual
6 battery, or lewd or lascivious
7 battery, molestation, conduct, or
8 exhibition.
9 782.07(3) 1st Aggravated manslaughter of a
10 child.
11 794.011(3) Life Sexual battery; victim 12 years
12 or older, offender uses or
13 threatens to use deadly weapon or
14 physical force to cause serious
15 injury.
16 876.32 1st Treason against the state.
17 947.146 Control Release Authority.--
18 (3) Within 120 days prior to the date the state
19 correctional system is projected pursuant to s. 216.136 to
20 exceed 99 percent of total capacity, the authority shall
21 determine eligibility for and establish a control release date
22 for an appropriate number of parole ineligible inmates
23 committed to the department and incarcerated within the state
24 who have been determined by the authority to be eligible for
25 discretionary early release pursuant to this section. In
26 establishing control release dates, it is the intent of the
27 Legislature that the authority prioritize consideration of
28 eligible inmates closest to their tentative release date. The
29 authority shall rely upon commitment data on the offender
30 information system maintained by the department to initially
31 identify inmates who are to be reviewed for control release
14
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HOUSE AMENDMENT
hbd-27 Bill No. CS/HB 955
Amendment No. ___ (for drafter's use only)
1 consideration. The authority may use a method of objective
2 risk assessment in determining if an eligible inmate should be
3 released. Such assessment shall be a part of the department's
4 management information system. However, the authority shall
5 have sole responsibility for determining control release
6 eligibility, establishing a control release date, and
7 effectuating the release of a sufficient number of inmates to
8 maintain the inmate population between 99 percent and 100
9 percent of total capacity. Inmates who are ineligible for
10 control release are inmates who are parole eligible or inmates
11 who:
12 (i) Are convicted, or have been previously convicted,
13 of committing or attempting to commit murder in the first,
14 second, or third degree under s. 782.04(1), (2), (3), or (4),
15 or have ever been convicted of any degree of murder or
16 attempted murder in another jurisdiction;
17
18 In making control release eligibility determinations under
19 this subsection, the authority may rely on any document
20 leading to or generated during the course of the criminal
21 proceedings, including, but not limited to, any presentence or
22 postsentence investigation or any information contained in
23 arrest reports relating to circumstances of the offense.
24
25
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, lines 1-24,
29 remove from the title of the bill: all of said lines
30
31 and insert in lieu thereof:
15
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HOUSE AMENDMENT
hbd-27 Bill No. CS/HB 955
Amendment No. ___ (for drafter's use only)
1 A bill to be entitled
2 An act relating to criminal justice; creating
3 s. 790.166, F.S.; prohibiting the unlawful
4 manufacture, possession, sale, delivery,
5 display, use, or attempted or threatened use of
6 a weapon of mass destruction; prohibiting
7 unlawful conspiring to use such weapon;
8 prohibiting making such weapon readily
9 accessible to others; providing a first degree
10 felony penalty for violation; providing that
11 violation which results in death is a capital
12 felony; prohibiting the unlawful manufacture,
13 possession, sale, delivery, display, use, or
14 attempted or threatened use of a hoax weapon of
15 mass destruction; prohibiting unlawful
16 conspiring to use such weapon; prohibiting
17 making such weapon readily accessible to
18 others; providing a second degree felony
19 penalty for violation; providing definitions
20 for purposes of the act; providing
21 nonapplicability of the act; amending s.
22 921.0022, F.S.; providing for ranking of
23 violations on the offense severity ranking
24 chart; amending s. 782.04, F.S.; making it a
25 capital felony to commit the unlawful killing
26 of a human being while perpetrating or
27 attempting to perpetrate the act of resisting
28 an officer with violence to his or her person;
29 providing penalties for specified murders
30 involving the perpetration of or the attempt to
31 perpetrate the act of resisting an officer with
16
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HOUSE AMENDMENT
hbd-27 Bill No. CS/HB 955
Amendment No. ___ (for drafter's use only)
1 violence to his or her person; reenacting ss.
2 775.0823(1), (2), (3), (4), (5), and (6),
3 782.051, 903.133, 921.0022(3)(h), (i), and (j),
4 and 947.146(3)(i), F.S., relating to violent
5 offenses committed against law enforcement
6 officers, correctional officers, state
7 attorneys, assistant state attorneys, justices,
8 or judges, attempted felony murder, bail on
9 appeal prohibited for certain felony
10 convictions, Criminal Punishment Code offense
11 severity ranking chart, Control Release
12 Authority; providing effective dates.
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