Senate Bill sb0122
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 122
By Senator Burt
16-146-01
1 A bill to be entitled
2 An act relating to sentencing; amending s.
3 874.04, F.S.; providing for enhanced penalties
4 for the commission of a felony or misdemeanor,
5 or a delinquent act or violation of law that
6 would be a felony or misdemeanor if committed
7 by an adult, under specified circumstances when
8 the defendant committed the charged offense for
9 the purpose of benefiting, promoting, or
10 furthering the interest of a criminal street
11 gang; amending s. 921.0024, F.S., relating to
12 the Criminal Punishment Code worksheet
13 computations and scoresheets; revising
14 guidelines for applying a specified sentence
15 multiplier for offenses committed for the
16 purpose of benefiting, promoting, or furthering
17 the interests of a criminal street gang;
18 providing an effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Section 874.04, Florida Statutes, is
23 amended to read:
24 874.04 Criminal street gang activity; enhanced
25 penalties.--Upon a finding by the court at sentencing that the
26 defendant committed the charged offense for the purpose of
27 benefiting, promoting, or furthering the interests is a member
28 of a criminal street gang, the penalty for any felony or
29 misdemeanor, or any delinquent act or violation of law which
30 would be a felony or misdemeanor if committed by an adult, may
31 be enhanced if the offender was a member of a criminal street
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 122
16-146-01
1 gang at the time of the commission of such offense. Each of
2 the findings required as a basis for such sentence shall be
3 found by a preponderance of the evidence. The enhancement will
4 be as follows:
5 (1)(a) A misdemeanor of the second degree may be
6 punished as if it were a misdemeanor of the first degree.
7 (b) A misdemeanor of the first degree may be punished
8 as if it were a felony of the third degree. For purposes of
9 sentencing under chapter 921 and determining incentive
10 gain-time eligibility under chapter 944, such offense is
11 ranked in level 1 of the offense severity ranking chart. The
12 criminal street gang multiplier in s. 921.0024 does not apply
13 to misdemeanors enhanced under this paragraph.
14 (2)(a) A felony of the third degree may be punished as
15 if it were a felony of the second degree.
16 (b) A felony of the second degree may be punished as
17 if it were a felony of the first degree.
18 (c) A felony of the first degree may be punished as if
19 it were a life felony.
20
21 For purposes of sentencing under chapter 921 and determining
22 incentive gain-time eligibility under chapter 944, such felony
23 offense is ranked as provided in s. 921.0022 or s. 921.0023,
24 and without regard to the penalty enhancement in this
25 subsection. For purposes of this section, penalty enhancement
26 affects the applicable statutory maximum penalty only.
27 Section 2. Subsection (1) of section 921.0024, Florida
28 Statutes, is amended to read:
29 921.0024 Criminal Punishment Code; worksheet
30 computations; scoresheets.--
31
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 122
16-146-01
1 (1)(a) The Criminal Punishment Code worksheet is used
2 to compute the subtotal and total sentence points as follows:
3
4 FLORIDA CRIMINAL PUNISHMENT CODE
5 WORKSHEET
6
7 OFFENSE SCORE
8
9 Primary Offense
10 Level Sentence Points Total
11 ..............................................................
12 10 116 = ....
13 9 92 = ....
14 8 74 = ....
15 7 56 = ....
16 6 36 = ....
17 5 28 = ....
18 4 22 = ....
19 3 16 = ....
20 2 10 = ....
21 1 4 = ....
22
23 ..............................................................
24 Total
25
26 Additional Offenses
27 Level Sentence Points Counts Total
28 ..............................................................
29 10 58 x .... = ....
30 9 46 x .... = ....
31 8 37 x .... = ....
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 122
16-146-01
1 7 28 x .... = ....
2 6 18 x .... = ....
3 5 5.4 x .... = ....
4 4 3.6 x .... = ....
5 3 2.4 x .... = ....
6 2 1.2 x .... = ....
7 1 0.7 x .... = ....
8 M 0.2 x .... = ....
9
10 ..............................................................
11 Total
12
13 Victim Injury
14 Level Sentence Points Number Total
15 ..............................................................
16 2nd degree
17 murder-
18 death 240 x .... = ....
19 Death 120 x .... = ....
20 Severe 40 x .... = ....
21 Moderate 18 x .... = ....
22 Slight 4 x .... = ....
23 Sexual
24 penetration 80 x .... = ....
25 Sexual
26 contact 40 x .... = ....
27
28 ..............................................................
29 Total
30
31 Primary Offense + Additional Offenses + Victim Injury =
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 122
16-146-01
1 TOTAL OFFENSE SCORE
2
3 PRIOR RECORD SCORE
4
5 Prior Record
6 Level Sentence Points Number Total
7 ..............................................................
8 10 29 x .... = ....
9 9 23 x .... = ....
10 8 19 x .... = ....
11 7 14 x .... = ....
12 6 9 x .... = ....
13 5 3.6 x .... = ....
14 4 2.4 x .... = ....
15 3 1.6 x .... = ....
16 2 0.8 x .... = ....
17 1 0.5 x .... = ....
18 M 0.2 x .... = ....
19
20 ..............................................................
21 Total
22
23 TOTAL OFFENSE SCORE........................................
24 TOTAL PRIOR RECORD SCORE...................................
25
26 LEGAL STATUS...............................................
27 COMMUNITY SANCTION VIOLATION...............................
28 PRIOR SERIOUS FELONY.......................................
29 PRIOR CAPITAL FELONY.......................................
30 FIREARM OR SEMIAUTOMATIC WEAPON............................
31 SUBTOTAL........
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 122
16-146-01
1
2 PRISON RELEASEE REOFFENDER (no)(yes).......................
3 VIOLENT CAREER CRIMINAL (no)(yes)..........................
4 HABITUAL VIOLENT OFFENDER (no)(yes)........................
5 HABITUAL OFFENDER (no)(yes)................................
6 DRUG TRAFFICKER (no)(yes) (x multiplier)...................
7 LAW ENF. PROTECT. (no)(yes) (x multiplier).................
8 MOTOR VEHICLE THEFT (no)(yes) (x multiplier)...............
9 CRIMINAL STREET GANG OFFENSE MEMBER (no)(yes) (x
10 multiplier)...................................................
11 DOMESTIC VIOLENCE IN THE PRESENCE OF RELATED CHILD
12 (no)(yes) (x multiplier)......................................
13 ..............................................................
14 TOTAL SENTENCE POINTS........
15
16 (b) WORKSHEET KEY:
17
18 Legal status points are assessed when any form of legal status
19 existed at the time the offender committed an offense before
20 the court for sentencing. Four (4) sentence points are
21 assessed for an offender's legal status.
22
23 Community sanction violation points are assessed when a
24 community sanction violation is before the court for
25 sentencing. Six (6) sentence points are assessed for each
26 community sanction violation, and each successive community
27 sanction violation; however, if the community sanction
28 violation includes a new felony conviction before the
29 sentencing court, twelve (12) community sanction violation
30 points are assessed for such violation, and for each
31 successive community sanction violation involving a new felony
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 122
16-146-01
1 conviction. Multiple counts of community sanction violations
2 before the sentencing court shall not be a basis for
3 multiplying the assessment of community sanction violation
4 points.
5
6 Prior serious felony points: If the offender has a primary
7 offense or any additional offense ranked in level 8, level 9,
8 or level 10, and one or more prior serious felonies, a single
9 assessment of 30 points shall be added. For purposes of this
10 section, a prior serious felony is an offense in the
11 offender's prior record that is ranked in level 8, level 9, or
12 level 10 under s. 921.0022 or s. 921.0023 and for which the
13 offender is serving a sentence of confinement, supervision, or
14 other sanction or for which the offender's date of release
15 from confinement, supervision, or other sanction, whichever is
16 later, is within 3 years before the date the primary offense
17 or any additional offense was committed.
18
19 Prior capital felony points: If the offender has one or more
20 prior capital felonies in the offender's criminal record,
21 points shall be added to the subtotal sentence points of the
22 offender equal to twice the number of points the offender
23 receives for the primary offense and any additional offense.
24 A prior capital felony in the offender's criminal record is a
25 previous capital felony offense for which the offender has
26 entered a plea of nolo contendere or guilty or has been found
27 guilty; or a felony in another jurisdiction which is a capital
28 felony in that jurisdiction, or would be a capital felony if
29 the offense were committed in this state.
30
31
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 122
16-146-01
1 Possession of a firearm, semiautomatic firearm, or machine
2 gun: If the offender is convicted of committing or attempting
3 to commit any felony other than those enumerated in s.
4 775.087(2) while having in his or her possession: a firearm as
5 defined in s. 790.001(6), an additional 18 sentence points are
6 assessed; or if the offender is convicted of committing or
7 attempting to commit any felony other than those enumerated in
8 s. 775.087(3) while having in his or her possession a
9 semiautomatic firearm as defined in s. 775.087(3) or a machine
10 gun as defined in s. 790.001(9), an additional 25 sentence
11 points are assessed.
12
13 Sentencing multipliers:
14
15 Drug trafficking: If the primary offense is drug trafficking
16 under s. 893.135, the subtotal sentence points are multiplied,
17 at the discretion of the court, for a level 7 or level 8
18 offense, by 1.5. The state attorney may move the sentencing
19 court to reduce or suspend the sentence of a person convicted
20 of a level 7 or level 8 offense, if the offender provides
21 substantial assistance as described in s. 893.135(4).
22
23 Law enforcement protection: If the primary offense is a
24 violation of the Law Enforcement Protection Act under s.
25 775.0823(2), the subtotal sentence points are multiplied by
26 2.5. If the primary offense is a violation of s. 775.0823(3),
27 (4), (5), (6), (7), or (8), the subtotal sentence points are
28 multiplied by 2.0. If the primary offense is a violation of s.
29 784.07(3) or s. 775.0875(1), or of the Law Enforcement
30 Protection Act under s. 775.0823(9) or (10), the subtotal
31 sentence points are multiplied by 1.5.
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 122
16-146-01
1
2 Grand theft of a motor vehicle: If the primary offense is
3 grand theft of the third degree involving a motor vehicle and
4 in the offender's prior record, there are three or more grand
5 thefts of the third degree involving a motor vehicle, the
6 subtotal sentence points are multiplied by 1.5.
7
8 Offense related to a criminal street gang member: If the
9 offender is convicted of the primary offense and committed
10 that offense for the purpose of benefiting, promoting, or
11 furthering the interests of a criminal street gang as
12 prohibited under is found to have been a member of a criminal
13 street gang at the time of the commission of the primary
14 offense pursuant to s. 874.04, the subtotal sentence points
15 are multiplied by 1.5.
16
17 Domestic violence in the presence of a child: If the offender
18 is convicted of the primary offense and the primary offense is
19 a crime of domestic violence, as defined in s. 741.28, which
20 was committed in the presence of a child under 16 years of age
21 who is a family household member as defined in s. 741.28(2)
22 with the victim or perpetrator, the subtotal sentence points
23 are multiplied by 1.5.
24 Section 3. This act shall take effect July 1, 2001.
25
26
27
28
29
30
31
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 122
16-146-01
1 *****************************************
2 SENATE SUMMARY
3 Provides for enhanced penalties for the commission of a
felony or misdemeanor, or a delinquent act or violation
4 of law that would be a felony or misdemeanor if committed
by an adult, under specified circumstances when the
5 defendant committed the charged offense for the purpose
of benefiting, promoting, or furthering the interests of
6 a criminal street gang. Revises guidelines for applying a
specified sentence multiplier for offenses committed for
7 the purpose of benefiting, promoting, or furthering the
interests of a criminal street gang. (See bill for
8 details.)
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
10
CODING: Words stricken are deletions; words underlined are additions.