Senate Bill sb0338e1
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SB 338 First Engrossed
1 A bill to be entitled
2 An act relating to criminal justice; providing
3 a short title; amending s. 782.04, F.S.; making
4 it a capital felony to commit the unlawful
5 killing of a human being while perpetrating or
6 attempting to perpetrate the act of resisting
7 an officer with violence to the officer's
8 person; providing penalties for specified
9 murders involving the perpetration of or the
10 attempt to perpetrate the act of resisting an
11 officer with violence to the officer's person;
12 amending s. 775.0823, F.S.; correcting
13 sentencing references; reenacting ss. 782.051,
14 903.133, 921.0022(3)(h) and (i), and
15 947.146(3)(i), F.S., relating to attempted
16 felony murder, relating to bail on appeal
17 prohibited for certain felony convictions,
18 relating to the Criminal Punishment Code
19 offense severity ranking chart, and relating to
20 the Control Release Authority; providing an
21 effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. This act may be cited as the "Bryant Peney
26 Act."
27 Section 2. Section 782.04, Florida Statutes, is
28 amended to read:
29 782.04 Murder.--
30 (1)(a) The unlawful killing of a human being:
31
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SB 338 First Engrossed
1 1. When perpetrated from a premeditated design to
2 effect the death of the person killed or any human being;
3 2. When committed by a person engaged in the
4 perpetration of, or in the attempt to perpetrate, any:
5 a. Trafficking offense prohibited by s. 893.135(1),
6 b. Arson,
7 c. Sexual battery,
8 d. Robbery,
9 e. Burglary,
10 f. Kidnapping,
11 g. Escape,
12 h. Aggravated child abuse,
13 i. Aggravated abuse of an elderly person or disabled
14 adult,
15 j. Aircraft piracy,
16 k. Unlawful throwing, placing, or discharging of a
17 destructive device or bomb,
18 l. Carjacking,
19 m. Home-invasion robbery,
20 n. Aggravated stalking,
21 o. Murder of another human being,; or
22 p. Resisting an officer with violence to his or her
23 person; or
24 3. Which resulted from the unlawful distribution of
25 any substance controlled under s. 893.03(1), cocaine as
26 described in s. 893.03(2)(a)4., or opium or any synthetic or
27 natural salt, compound, derivative, or preparation of opium by
28 a person 18 years of age or older, when such drug is proven to
29 be the proximate cause of the death of the user,
30
31
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SB 338 First Engrossed
1 is murder in the first degree and constitutes a capital
2 felony, punishable as provided in s. 775.082.
3 (b) In all cases under this section, the procedure set
4 forth in s. 921.141 shall be followed in order to determine
5 sentence of death or life imprisonment.
6 (2) The unlawful killing of a human being, when
7 perpetrated by any act imminently dangerous to another and
8 evincing a depraved mind regardless of human life, although
9 without any premeditated design to effect the death of any
10 particular individual, is murder in the second degree and
11 constitutes a felony of the first degree, punishable by
12 imprisonment for a term of years not exceeding life or as
13 provided in s. 775.082, s. 775.083, or s. 775.084.
14 (3) When a person is killed in the perpetration of, or
15 in the attempt to perpetrate, any:
16 (a) Trafficking offense prohibited by s. 893.135(1),
17 (b) Arson,
18 (c) Sexual battery,
19 (d) Robbery,
20 (e) Burglary,
21 (f) Kidnapping,
22 (g) Escape,
23 (h) Aggravated child abuse,
24 (i) Aggravated abuse of an elderly person or disabled
25 adult,
26 (j) Aircraft piracy,
27 (k) Unlawful throwing, placing, or discharging of a
28 destructive device or bomb,
29 (l) Carjacking,
30 (m) Home-invasion robbery,
31 (n) Aggravated stalking, or
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SB 338 First Engrossed
1 (o) Murder of another human being, or
2 (p) Resisting an officer with violence to his or her
3 person,
4
5 by a person other than the person engaged in the perpetration
6 of or in the attempt to perpetrate such felony, the person
7 perpetrating or attempting to perpetrate such felony is guilty
8 of murder in the second degree, which constitutes a felony of
9 the first degree, punishable by imprisonment for a term of
10 years not exceeding life or as provided in s. 775.082, s.
11 775.083, or s. 775.084.
12 (4) The unlawful killing of a human being, when
13 perpetrated without any design to effect death, by a person
14 engaged in the perpetration of, or in the attempt to
15 perpetrate, any felony other than any:
16 (a) Trafficking offense prohibited by s. 893.135(1),
17 (b) Arson,
18 (c) Sexual battery,
19 (d) Robbery,
20 (e) Burglary,
21 (f) Kidnapping,
22 (g) Escape,
23 (h) Aggravated child abuse,
24 (i) Aggravated abuse of an elderly person or disabled
25 adult,
26 (j) Aircraft piracy,
27 (k) Unlawful throwing, placing, or discharging of a
28 destructive device or bomb,
29 (l) Unlawful distribution of any substance controlled
30 under s. 893.03(1), cocaine as described in s. 893.03(2)(a)4.,
31 or opium or any synthetic or natural salt, compound,
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SB 338 First Engrossed
1 derivative, or preparation of opium by a person 18 years of
2 age or older, when such drug is proven to be the proximate
3 cause of the death of the user,
4 (m) Carjacking,
5 (n) Home-invasion robbery,
6 (o) Aggravated stalking, or
7 (p) Murder of another human being, or
8 (q) Resisting an officer with violence to his or her
9 person,
10
11 is murder in the third degree and constitutes a felony of the
12 second degree, punishable as provided in s. 775.082, s.
13 775.083, or s. 775.084.
14 Section 3. Section 775.0823, Florida Statutes, is
15 amended to read:
16 775.0823 Violent offenses committed against law
17 enforcement officers, correctional officers, state attorneys,
18 assistant state attorneys, justices, or judges.--Any provision
19 of law to the contrary notwithstanding, The Legislature does
20 hereby provide for an increase and certainty of penalty for
21 any person convicted of a violent offense against any law
22 enforcement or correctional officer, as defined in s.
23 943.10(1), (2), (3), (6), (7), (8), or (9); against any state
24 attorney elected pursuant to s. 27.01 or assistant state
25 attorney appointed under s. 27.181; or against any justice or
26 judge of a court described in Art. V of the State
27 Constitution, which offense arises out of or in the scope of
28 the officer's duty as a law enforcement or correctional
29 officer, the state attorney's or assistant state attorney's
30 duty as a prosecutor or investigator, or the justice's or
31 judge's duty as a judicial officer, as follows:
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SB 338 First Engrossed
1 (1) For murder in the first degree as described in s.
2 782.04(1), if the death sentence is not imposed, a sentence of
3 imprisonment for life without eligibility for release.
4 (2) For attempted murder in the first degree as
5 described in s. 782.04(1), a sentence pursuant to s. 775.082,
6 s. 775.083, or s. 775.084 the Criminal Punishment Code.
7 (3) For murder in the second degree as described in s.
8 782.04(2) and (3), a sentence pursuant to s. 775.082, s.
9 775.083, or s. 775.084 the Criminal Punishment Code.
10 (4) For attempted murder in the second degree as
11 described in s. 782.04(2) and (3), a sentence pursuant to s.
12 775.082, s. 775.083, or s. 775.084 the Criminal Punishment
13 Code.
14 (5) For murder in the third degree as described in s.
15 782.04(4), a sentence pursuant to s. 775.082, s. 775.083, or
16 s. 775.084 the Criminal Punishment Code.
17 (6) For attempted murder in the third degree as
18 described in s. 782.04(4), a sentence pursuant to s. 775.082,
19 s. 775.083, or s. 775.084 the Criminal Punishment Code.
20 (7) For manslaughter as described in s. 782.07 during
21 the commission of a crime, a sentence pursuant to s. 775.082,
22 s. 775.083, or s. 775.084 the Criminal Punishment Code.
23 (8) For kidnapping as described in s. 787.01, a
24 sentence pursuant to s. 775.082, s. 775.083, or s. 775.084 the
25 Criminal Punishment Code.
26 (9) For aggravated battery as described in s. 784.045,
27 a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084
28 the Criminal Punishment Code.
29 (10) For aggravated assault as described in s.
30 784.021, a sentence pursuant to s. 775.082, s. 775.083, or s.
31 775.084 the Criminal Punishment Code.
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SB 338 First Engrossed
1
2 Notwithstanding the provisions of s. 948.01, with respect to
3 any person who is found to have violated this section,
4 adjudication of guilt or imposition of sentence shall not be
5 suspended, deferred, or withheld.
6 Section 4. For the purpose of incorporating the
7 amendments made by this act to section 782.04, Florida
8 Statutes, in references thereto, section 782.051, Florida
9 Statutes, is reenacted to read:
10 782.051 Attempted felony murder.--
11 (1) Any person who perpetrates or attempts to
12 perpetrate any felony enumerated in s. 782.04(3) and who
13 commits, aids, or abets an intentional act that is not an
14 essential element of the felony and that could, but does not,
15 cause the death of another commits a felony of the first
16 degree, punishable by imprisonment for a term of years not
17 exceeding life, or as provided in s. 775.082, s. 775.083, or
18 s. 775.084, which is an offense ranked in level 9 of the
19 Criminal Punishment Code. Victim injury points shall be scored
20 under this subsection.
21 (2) Any person who perpetrates or attempts to
22 perpetrate any felony other than a felony enumerated in s.
23 782.04(3) and who commits, aids, or abets an intentional act
24 that is not an essential element of the felony and that could,
25 but does not, cause the death of another commits a felony of
26 the first degree, punishable as provided in s. 775.082, s.
27 775.083, or s. 775.084, which is an offense ranked in level 8
28 of the Criminal Punishment Code. Victim injury points shall be
29 scored under this subsection.
30 (3) When a person is injured during the perpetration
31 of or the attempt to perpetrate any felony enumerated in s.
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SB 338 First Engrossed
1 782.04(3) by a person other than the person engaged in the
2 perpetration of or the attempt to perpetrate such felony, the
3 person perpetrating or attempting to perpetrate such felony
4 commits a felony of the second degree, punishable as provided
5 in s. 775.082, s. 775.083, or s. 775.084, which is an offense
6 ranked in level 7 of the Criminal Punishment Code. Victim
7 injury points shall be scored under this subsection.
8 Section 5. For the purpose of incorporating the
9 amendments made by this act to section 782.04, Florida
10 Statutes, in references thereto, section 903.133, Florida
11 Statutes, is reenacted to read:
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 Section 6. For the purpose of incorporating the
20 amendments made by this act to section 782.04, Florida
21 Statutes, in references thereto, paragraphs (h) and (i) of
22 subsection (3) of section 921.0022, Florida Statutes, are
23 reenacted to read:
24 921.0022 Criminal Punishment Code; offense severity
25 ranking chart.--
26 (3) OFFENSE SEVERITY RANKING CHART
27
28 Florida Felony
29 Statute Degree Description
30
31
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SB 338 First Engrossed
1 (h) LEVEL 8
2 316.193
3 (3)(c)3.a. 2nd DUI manslaughter.
4 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
5 560.123(8)(b)2. 2nd Failure to report currency or
6 payment instruments totaling or
7 exceeding $20,000, but less than
8 $100,000 by money transmitter.
9 560.125(5)(b) 2nd Money transmitter business by
10 unauthorized person, currency or
11 payment instruments totaling or
12 exceeding $20,000, but less than
13 $100,000.
14 655.50(10)(b)2. 2nd Failure to report financial
15 transactions totaling or
16 exceeding $20,000, but less than
17 $100,000 by financial
18 institutions.
19 777.03(2)(a) 1st Accessory after the fact, capital
20 felony.
21 782.04(4) 2nd Killing of human without design
22 when engaged in act or attempt of
23 any felony other than arson,
24 sexual battery, robbery,
25 burglary, kidnapping, aircraft
26 piracy, or unlawfully discharging
27 bomb.
28 782.051(2) 1st Attempted felony murder while
29 perpetrating or attempting to
30 perpetrate a felony not
31 enumerated in s. 782.04(3).
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SB 338 First Engrossed
1 782.071(2) 1st Committing vehicular homicide and
2 failing to render aid or give
3 information.
4 782.072(2) 1st Committing vessel homicide and
5 failing to render aid or give
6 information.
7 790.161(3) 1st Discharging a destructive device
8 which results in bodily harm or
9 property damage.
10 794.011(5) 2nd Sexual battery, victim 12 years
11 or over, offender does not use
12 physical force likely to cause
13 serious injury.
14 800.04(4) 2nd Lewd or lascivious battery.
15 806.01(1) 1st Maliciously damage dwelling or
16 structure by fire or explosive,
17 believing person in structure.
18 810.02(2)(a) 1st,PBL Burglary with assault or battery.
19 810.02(2)(b) 1st,PBL Burglary; armed with explosives
20 or dangerous weapon.
21 810.02(2)(c) 1st Burglary of a dwelling or
22 structure causing structural
23 damage or $1,000 or more property
24 damage.
25 812.13(2)(b) 1st Robbery with a weapon.
26 812.135(2) 1st Home-invasion robbery.
27 825.102(2) 2nd Aggravated abuse of an elderly
28 person or disabled adult.
29 825.103(2)(a) 1st Exploiting an elderly person or
30 disabled adult and property is
31 valued at $100,000 or more.
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SB 338 First Engrossed
1 837.02(2) 2nd Perjury in official proceedings
2 relating to prosecution of a
3 capital felony.
4 837.021(2) 2nd Making contradictory statements
5 in official proceedings relating
6 to prosecution of a capital
7 felony.
8 860.121(2)(c) 1st Shooting at or throwing any
9 object in path of railroad
10 vehicle resulting in great bodily
11 harm.
12 860.16 1st Aircraft piracy.
13 893.13(1)(b) 1st Sell or deliver in excess of 10
14 grams of any substance specified
15 in s. 893.03(1)(a) or (b).
16 893.13(2)(b) 1st Purchase in excess of 10 grams of
17 any substance specified in s.
18 893.03(1)(a) or (b).
19 893.13(6)(c) 1st Possess in excess of 10 grams of
20 any substance specified in s.
21 893.03(1)(a) or (b).
22 893.135(1)(a)2. 1st Trafficking in cannabis, more
23 than 2,000 lbs., less than 10,000
24 lbs.
25 893.135
26 (1)(b)1.b. 1st Trafficking in cocaine, more than
27 200 grams, less than 400 grams.
28 893.135
29 (1)(c)1.b. 1st Trafficking in illegal drugs,
30 more than 14 grams, less than 28
31 grams.
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SB 338 First Engrossed
1 893.135
2 (1)(d)1.b. 1st Trafficking in phencyclidine,
3 more than 200 grams, less than
4 400 grams.
5 893.135
6 (1)(e)1.b. 1st Trafficking in methaqualone, more
7 than 5 kilograms, less than 25
8 kilograms.
9 893.135
10 (1)(f)1.b. 1st Trafficking in amphetamine, more
11 than 28 grams, less than 200
12 grams.
13 893.135
14 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14
15 grams or more, less than 28
16 grams.
17 893.135
18 (1)(h)1.b. 1st Trafficking in
19 gamma-hydroxybutyric acid (GHB),
20 5 kilograms or more, less than 10
21 kilograms.
22 893.135
23 (1)(i)1.b. 1st Trafficking in 1,4-Butanediol, 5
24 kilograms or more, less than 10
25 kilograms.
26 893.135
27 (1)(j)2.b. 1st Trafficking in Phenethylamines,
28 200 grams or more, less than 400
29 grams.
30
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SB 338 First Engrossed
1 895.03(1) 1st Use or invest proceeds derived
2 from pattern of racketeering
3 activity.
4 895.03(2) 1st Acquire or maintain through
5 racketeering activity any
6 interest in or control of any
7 enterprise or real property.
8 895.03(3) 1st Conduct or participate in any
9 enterprise through pattern of
10 racketeering activity.
11 896.101(5)(b) 2nd Money laundering, financial
12 transactions totaling or
13 exceeding $20,000, but less than
14 $100,000.
15 896.104(4)(a)2. 2nd Structuring transactions to evade
16 reporting or registration
17 requirements, financial
18 transactions totaling or
19 exceeding $20,000 but less than
20 $100,000.
21 (i) LEVEL 9
22 316.193
23 (3)(c)3.b. 1st DUI manslaughter; failing to
24 render aid or give information.
25 560.123(8)(b)3. 1st Failure to report currency or
26 payment instruments totaling or
27 exceeding $100,000 by money
28 transmitter.
29
30
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SB 338 First Engrossed
1 560.125(5)(c) 1st Money transmitter business by
2 unauthorized person, currency, or
3 payment instruments totaling or
4 exceeding $100,000.
5 655.50(10)(b)3. 1st Failure to report financial
6 transactions totaling or
7 exceeding $100,000 by financial
8 institution.
9 782.04(1) 1st Attempt, conspire, or solicit to
10 commit premeditated murder.
11 782.04(3) 1st,PBL Accomplice to murder in
12 connection with arson, sexual
13 battery, robbery, burglary, and
14 other specified felonies.
15 782.051(1) 1st Attempted felony murder while
16 perpetrating or attempting to
17 perpetrate a felony enumerated in
18 s. 782.04(3).
19 782.07(2) 1st Aggravated manslaughter of an
20 elderly person or disabled adult.
21 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or
22 reward or as a shield or hostage.
23 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit
24 or facilitate commission of any
25 felony.
26 787.01(1)(a)4. 1st,PBL Kidnapping with intent to
27 interfere with performance of any
28 governmental or political
29 function.
30
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SB 338 First Engrossed
1 787.02(3)(a) 1st False imprisonment; child under
2 age 13; perpetrator also commits
3 aggravated child abuse, sexual
4 battery, or lewd or lascivious
5 battery, molestation, conduct, or
6 exhibition.
7 790.161 1st Attempted capital destructive
8 device offense.
9 790.166(2) 1st,PBL Possessing, selling, using, or
10 attempting to use a weapon of
11 mass destruction.
12 794.011(2) 1st Attempted sexual battery; victim
13 less than 12 years of age.
14 794.011(2) Life Sexual battery; offender younger
15 than 18 years and commits sexual
16 battery on a person less than 12
17 years.
18 794.011(4) 1st Sexual battery; victim 12 years
19 or older, certain circumstances.
20 794.011(8)(b) 1st Sexual battery; engage in sexual
21 conduct with minor 12 to 18 years
22 by person in familial or
23 custodial authority.
24 800.04(5)(b) 1st Lewd or lascivious molestation;
25 victim less than 12 years;
26 offender 18 years or older.
27 812.13(2)(a) 1st,PBL Robbery with firearm or other
28 deadly weapon.
29 812.133(2)(a) 1st,PBL Carjacking; firearm or other
30 deadly weapon.
31 827.03(2) 1st Aggravated child abuse.
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SB 338 First Engrossed
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
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SB 338 First Engrossed
1 893.135
2 (1)(h)1.c. 1st Trafficking in
3 gamma-hydroxybutyric acid (GHB),
4 10 kilograms or more.
5 893.135
6 (1)(i)1.c. 1st Trafficking in 1,4-Butanediol, 10
7 kilograms or more.
8 893.135
9 (1)(j)2.c. 1st Trafficking in Phenethylamines,
10 400 grams or more.
11 896.101(5)(c) 1st Money laundering, financial
12 instruments totaling or exceeding
13 $100,000.
14 896.104(4)(a)3. 1st Structuring transactions to evade
15 reporting or registration
16 requirements, financial
17 transactions totaling or
18 exceeding $100,000.
19 Section 7. For the purpose of incorporating the
20 amendments made by this act to section 782.04, Florida
21 Statutes, in references thereto, subsection (3) of section
22 947.146, Florida Statutes, is reenacted to read:
23 947.146 Control Release Authority.--
24 (3) Within 120 days prior to the date the state
25 correctional system is projected pursuant to s. 216.136 to
26 exceed 99 percent of total capacity, the authority shall
27 determine eligibility for and establish a control release date
28 for an appropriate number of parole ineligible inmates
29 committed to the department and incarcerated within the state
30 who have been determined by the authority to be eligible for
31 discretionary early release pursuant to this section. In
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SB 338 First Engrossed
1 establishing control release dates, it is the intent of the
2 Legislature that the authority prioritize consideration of
3 eligible inmates closest to their tentative release date. The
4 authority shall rely upon commitment data on the offender
5 information system maintained by the department to initially
6 identify inmates who are to be reviewed for control release
7 consideration. The authority may use a method of objective
8 risk assessment in determining if an eligible inmate should be
9 released. Such assessment shall be a part of the department's
10 management information system. However, the authority shall
11 have sole responsibility for determining control release
12 eligibility, establishing a control release date, and
13 effectuating the release of a sufficient number of inmates to
14 maintain the inmate population between 99 percent and 100
15 percent of total capacity. Inmates who are ineligible for
16 control release are inmates who are parole eligible or inmates
17 who:
18 (a) Are serving a sentence that includes a mandatory
19 minimum provision for a capital offense or drug trafficking
20 offense and have not served the number of days equal to the
21 mandatory minimum term less any jail-time credit awarded by
22 the court;
23 (b) Are serving the mandatory minimum portion of a
24 sentence enhanced under s. 775.087(2) or (3), or s. 784.07(3);
25 (c) Are convicted, or have been previously convicted,
26 of committing or attempting to commit sexual battery, incest,
27 or any of the following lewd or indecent assaults or acts:
28 masturbating in public; exposing the sexual organs in a
29 perverted manner; or nonconsensual handling or fondling of the
30 sexual organs of another person;
31
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SB 338 First Engrossed
1 (d) Are convicted, or have been previously convicted,
2 of committing or attempting to commit assault, aggravated
3 assault, battery, or aggravated battery, and a sex act was
4 attempted or completed during commission of such offense;
5 (e) Are convicted, or have been previously convicted,
6 of committing or attempting to commit kidnapping, burglary, or
7 murder, and the offense was committed with the intent to
8 commit sexual battery or a sex act was attempted or completed
9 during commission of the offense;
10 (f) Are convicted, or have been previously convicted,
11 of committing or attempting to commit false imprisonment upon
12 a child under the age of 13 and, in the course of committing
13 the offense, the inmate committed aggravated child abuse,
14 sexual battery against the child, or a lewd or lascivious
15 offense committed upon or in the presence of a person less
16 than 16 years of age;
17 (g) Are sentenced, have previously been sentenced, or
18 have been sentenced at any time under s. 775.084, or have been
19 sentenced at any time in another jurisdiction as a habitual
20 offender;
21 (h) Are convicted, or have been previously convicted,
22 of committing or attempting to commit assault, aggravated
23 assault, battery, aggravated battery, kidnapping,
24 manslaughter, or murder against an officer as defined in s.
25 943.10(1), (2), (3), (6), (7), (8), or (9); against a state
26 attorney or assistant state attorney; or against a justice or
27 judge of a court described in Art. V of the State
28 Constitution; or against an officer, judge, or state attorney
29 employed in a comparable position by any other jurisdiction;
30 or
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SB 338 First Engrossed
1 (i) Are convicted, or have been previously convicted,
2 of committing or attempting to commit murder in the first,
3 second, or third degree under s. 782.04(1), (2), (3), or (4),
4 or have ever been convicted of any degree of murder or
5 attempted murder in another jurisdiction;
6 (j) Are convicted, or have been previously convicted,
7 of DUI manslaughter under s. 316.193(3)(c)3., and are
8 sentenced, or have been sentenced at any time, as a habitual
9 offender for such offense, or have been sentenced at any time
10 in another jurisdiction as a habitual offender for such
11 offense;
12 (k)1. Are serving a sentence for an offense committed
13 on or after January 1, 1994, for a violation of the Law
14 Enforcement Protection Act under s. 775.0823(2), (3), (4), or
15 (5), and the subtotal of the offender's sentence points is
16 multiplied pursuant to former s. 921.0014 or s. 921.0024;
17 2. Are serving a sentence for an offense committed on
18 or after October 1, 1995, for a violation of the Law
19 Enforcement Protection Act under s. 775.0823(2), (3), (4),
20 (5), (6), (7), or (8), and the subtotal of the offender's
21 sentence points is multiplied pursuant to former s. 921.0014
22 or s. 921.0024;
23 (l) Are serving a sentence for an offense committed on
24 or after January 1, 1994, for possession of a firearm,
25 semiautomatic firearm, or machine gun in which additional
26 points are added to the subtotal of the offender's sentence
27 points pursuant to former s. 921.0014 or s. 921.0024; or
28 (m) Are convicted, or have been previously convicted,
29 of committing or attempting to commit manslaughter,
30 kidnapping, robbery, carjacking, home-invasion robbery, or a
31 burglary under s. 810.02(2).
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SB 338 First Engrossed
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2 In making control release eligibility determinations under
3 this subsection, the authority may rely on any document
4 leading to or generated during the course of the criminal
5 proceedings, including, but not limited to, any presentence or
6 postsentence investigation or any information contained in
7 arrest reports relating to circumstances of the offense.
8 Section 8. This act shall take effect October 1, 2001.
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