House Bill 0977

    Florida House of Representatives - 2000                 HB 977

        By Representative Ball






  1                      A bill to be entitled

  2         An act relating to obstruction of justice;

  3         creating s. 843.167, F.S.; prohibiting the

  4         interception of police communications for

  5         certain purposes; prohibiting disclosure of

  6         police communications; providing presumptions;

  7         providing penalties; providing an effective

  8         date.

  9

10  Be It Enacted by the Legislature of the State of Florida:

11

12         Section 1.  Section 843.167, Florida Statutes, is

13  created to read:

14         843.167  Unlawful use of police communications;

15  enhanced penalties.--

16         (1)  A person may not:

17         (a)  Intercept any police radio communication by use of

18  a scanner or any other means for the purpose of using that

19  communication to assist in committing a crime or to escape

20  from or avoid detection, arrest, trial, conviction, or

21  punishment in connection with the commission of such crime.

22         (b)  Divulge the existence, contents, substance,

23  purport, effect, or meaning of a police radio communication to

24  any person he or she knows to be a suspect in the commission

25  of a crime with the intent that the suspect may escape from or

26  avoid detection, arrest, trial, conviction, or punishment.

27         (2)  Any person who is charged with a crime and who,

28  during the time such crime was committed, possessed or used a

29  police radio scanner or similar device capable of receiving

30  police radio transmissions is presumed to have violated

31  paragraph (1)(a).

                                  1

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






    Florida House of Representatives - 2000                 HB 977

    561-159-00






  1         (3)  The penalty for a crime that is committed by a

  2  person who violates paragraph (1)(a) shall be enhanced as

  3  follows:

  4         (a)  A misdemeanor of the second degree shall be

  5  punished as if it were a misdemeanor of the first degree.

  6         (b)  A misdemeanor of the first degree shall be

  7  punished as if it were a felony of the third degree.

  8         (c)  A felony of the third degree shall be punished as

  9  if it were a felony of the second degree.

10         (d)  A felony of the second degree shall be punished as

11  if it were a felony of the first degree.

12         (e)  A felony of the first degree shall be punished as

13  if it were a life felony.

14         (4)  Any person who violates paragraph (1)(b) commits a

15  misdemeanor of the first degree, punishable as provided in

16  section 775.082 or section 775.083, Florida Statutes.

17         Section 2.  This act shall take effect July 1, 2000.

18

19            *****************************************

20                          SENATE SUMMARY

21    Prohibits a person from intercepting a police radio
      communication and provides that use or possession of a
22    device capable of such interception during the commission
      of a crime may, and actual interception of a
23    communication during the commission of the crime will,
      result in enhanced penalties for that crime. Provides
24    penalties for divulging a police radio communication to a
      person known to be a suspect in a crime.
25

26

27

28

29

30

31

                                  2