House Bill hb0375

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    Florida House of Representatives - 2001                 HB 375

        By Representative Seiler






  1                      A bill to be entitled

  2         An act relating to criminal justice; amending

  3         s. 782.04, F.S.; making it a capital felony to

  4         commit the unlawful killing of a human being

  5         while perpetrating or attempting to perpetrate

  6         the act of resisting a law enforcement officer

  7         with violence to the officer's person;

  8         providing penalties for specified murders

  9         involving the perpetration of or the attempt to

10         perpetrate the act of resisting a law

11         enforcement officer with violence to the

12         officer's person; reenacting ss. 775.0823(1),

13         (2), (3), (4), (5), and (6), 782.051, 903.133,

14         921.0022(3)(h) and (i), and 947.146(3), F.S.,

15         relating to violent offenses committed against

16         law enforcement officers, correctional

17         officers, state attorneys, assistant state

18         attorneys, justices, or judges, relating to

19         attempted felony murder, relating to bail on

20         appeal prohibited for certain felony

21         convictions, relating to the Criminal

22         Punishment Code offense severity ranking chart,

23         and relating to the Control Release Authority;

24         providing an effective date.

25

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

27

28         Section 1.  Section 782.04, Florida Statutes, is

29  amended to read:

30         782.04  Murder.--

31         (1)(a)  The unlawful killing of a human being:

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  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 a law enforcement officer with violence

23  to his or her 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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  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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  1         (o)  Murder of another human being, or

  2         (p)  Resisting a law enforcement officer with violence

  3  to his or her 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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  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 a law enforcement officer with violence

  9  to his or her 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 2.  For the purpose of incorporating the

15  amendments made by this act to section 782.04, Florida

16  Statutes, in references thereto, subsections (1), (2), (3),

17  (4), (5), and (6) of section 775.0823, Florida Statutes, are

18  reenacted to read:

19         775.0823  Violent offenses committed against law

20  enforcement officers, correctional officers, state attorneys,

21  assistant state attorneys, justices, or judges.--Any provision

22  of law to the contrary notwithstanding, the Legislature does

23  hereby provide for an increase and certainty of penalty for

24  any person convicted of a violent offense against any law

25  enforcement or correctional officer, as defined in s.

26  943.10(1), (2), (3), (6), (7), (8), or (9); against any state

27  attorney elected pursuant to s. 27.01 or assistant state

28  attorney appointed under s. 27.181; or against any justice or

29  judge of a court described in Art. V of the State

30  Constitution, which offense arises out of or in the scope of

31  the officer's duty as a law enforcement or correctional

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  1  officer, the state attorney's or assistant state attorney's

  2  duty as a prosecutor or investigator, or the justice's or

  3  judge's duty as a judicial officer, as follows:

  4         (1)  For murder in the first degree as described in s.

  5  782.04(1), if the death sentence is not imposed, a sentence of

  6  imprisonment for life without eligibility for release.

  7         (2)  For attempted murder in the first degree as

  8  described in s. 782.04(1), a sentence pursuant to the Criminal

  9  Punishment Code.

10         (3)  For murder in the second degree as described in s.

11  782.04(2) and (3), a sentence pursuant to the Criminal

12  Punishment Code.

13         (4)  For attempted murder in the second degree as

14  described in s. 782.04(2) and (3), a sentence pursuant to the

15  Criminal Punishment Code.

16         (5)  For murder in the third degree as described in s.

17  782.04(4), a sentence pursuant to the Criminal Punishment

18  Code.

19         (6)  For attempted murder in the third degree as

20  described in s. 782.04(4), a sentence pursuant to the Criminal

21  Punishment Code.

22

23  Notwithstanding the provisions of s. 948.01, with respect to

24  any person who is found to have violated this section,

25  adjudication of guilt or imposition of sentence shall not be

26  suspended, deferred, or withheld.

27         Section 3.  For the purpose of incorporating the

28  amendments made by this act to section 782.04, Florida

29  Statutes, in references thereto, section 782.051, Florida

30  Statutes, is reenacted to read:

31         782.051  Attempted felony murder.--

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  1         (1)  Any person who perpetrates or attempts to

  2  perpetrate any felony enumerated in s. 782.04(3) and who

  3  commits, aids, or abets an intentional act that is not an

  4  essential element of the felony and that could, but does not,

  5  cause the death of another commits a felony of the first

  6  degree, punishable by imprisonment for a term of years not

  7  exceeding life, or as provided in s. 775.082, s. 775.083, or

  8  s. 775.084, which is an offense ranked in level 9 of the

  9  Criminal Punishment Code. Victim injury points shall be scored

10  under this subsection.

11         (2)  Any person who perpetrates or attempts to

12  perpetrate any felony other than a felony enumerated in s.

13  782.04(3) and who commits, aids, or abets an intentional act

14  that is not an essential element of the felony and that could,

15  but does not, cause the death of another commits a felony of

16  the first degree, punishable as provided in s. 775.082, s.

17  775.083, or s. 775.084, which is an offense ranked in level 8

18  of the Criminal Punishment Code. Victim injury points shall be

19  scored under this subsection.

20         (3)  When a person is injured during the perpetration

21  of or the attempt to perpetrate any felony enumerated in s.

22  782.04(3) by a person other than the person engaged in the

23  perpetration of or the attempt to perpetrate such felony, the

24  person perpetrating or attempting to perpetrate such felony

25  commits a felony of the second degree, punishable as provided

26  in s. 775.082, s. 775.083, or s. 775.084, which is an offense

27  ranked in level 7 of the Criminal Punishment Code. Victim

28  injury points shall be scored under this subsection.

29         Section 4.  For the purpose of incorporating the

30  amendments made by this act to section 782.04, Florida

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  1  Statutes, in references thereto, section 903.133, Florida

  2  Statutes, is reenacted to read:

  3         903.133  Bail on appeal; prohibited for certain felony

  4  convictions.--Notwithstanding the provisions of s. 903.132, no

  5  person adjudged guilty of a felony of the first degree for a

  6  violation of s. 782.04(2) or (3), s. 787.01, s. 794.011(4), s.

  7  806.01, s. 893.13, or s. 893.135, or adjudged guilty of a

  8  violation of s. 794.011(2) or (3), shall be admitted to bail

  9  pending review either by posttrial motion or appeal.

10         Section 5.  For the purpose of incorporating the

11  amendments made by this act to section 782.04, Florida

12  Statutes, in references thereto, paragraphs (h) and (i) of

13  subsection (3) of section 921.0022, Florida Statutes, are

14  reenacted to read:

15         921.0022  Criminal Punishment Code; offense severity

16  ranking chart.--

17         (3)  OFFENSE SEVERITY RANKING CHART

18

19  Florida           Felony

20  Statute           Degree             Description

21

22

23                              (h)  LEVEL 8

24  316.193

25   (3)(c)3.a.        2nd      DUI manslaughter.

26  327.35(3)(c)3.     2nd      Vessel BUI manslaughter.

27  560.123(8)(b)2.    2nd      Failure to report currency or

28                              payment instruments totaling or

29                              exceeding $20,000, but less than

30                              $100,000 by money transmitter.

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  1  560.125(5)(b)      2nd      Money transmitter business by

  2                              unauthorized person, currency or

  3                              payment instruments totaling or

  4                              exceeding $20,000, but less than

  5                              $100,000.

  6  655.50(10)(b)2.    2nd      Failure to report financial

  7                              transactions totaling or

  8                              exceeding $20,000, but less than

  9                              $100,000 by financial

10                              institutions.

11  777.03(2)(a)       1st      Accessory after the fact, capital

12                              felony.

13  782.04(4)          2nd      Killing of human without design

14                              when engaged in act or attempt of

15                              any felony other than arson,

16                              sexual battery, robbery,

17                              burglary, kidnapping, aircraft

18                              piracy, or unlawfully discharging

19                              bomb.

20  782.051(2)         1st      Attempted felony murder while

21                              perpetrating or attempting to

22                              perpetrate a felony not

23                              enumerated in s. 782.04(3).

24  782.071(2)         1st      Committing vehicular homicide and

25                              failing to render aid or give

26                              information.

27  782.072(2)         1st      Committing vessel homicide and

28                              failing to render aid or give

29                              information.

30

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  1  790.161(3)         1st      Discharging a destructive device

  2                              which results in bodily harm or

  3                              property damage.

  4  794.011(5)         2nd      Sexual battery, victim 12 years

  5                              or over, offender does not use

  6                              physical force likely to cause

  7                              serious injury.

  8  800.04(4)          2nd      Lewd or lascivious battery.

  9  806.01(1)          1st      Maliciously damage dwelling or

10                              structure by fire or explosive,

11                              believing person in structure.

12  810.02(2)(a)       1st,PBL  Burglary with assault or battery.

13  810.02(2)(b)       1st,PBL  Burglary; armed with explosives

14                              or dangerous weapon.

15  810.02(2)(c)       1st      Burglary of a dwelling or

16                              structure causing structural

17                              damage or $1,000 or more property

18                              damage.

19  812.13(2)(b)       1st      Robbery with a weapon.

20  812.135(2)         1st      Home-invasion robbery.

21  825.102(2)         2nd      Aggravated abuse of an elderly

22                              person or disabled adult.

23  825.103(2)(a)      1st      Exploiting an elderly person or

24                              disabled adult and property is

25                              valued at $100,000 or more.

26  837.02(2)          2nd      Perjury in official proceedings

27                              relating to prosecution of a

28                              capital felony.

29

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  1  837.021(2)         2nd      Making contradictory statements

  2                              in official proceedings relating

  3                              to prosecution of a capital

  4                              felony.

  5  860.121(2)(c)      1st      Shooting at or throwing any

  6                              object in path of railroad

  7                              vehicle resulting in great bodily

  8                              harm.

  9  860.16             1st      Aircraft piracy.

10  893.13(1)(b)       1st      Sell or deliver in excess of 10

11                              grams of any substance specified

12                              in s. 893.03(1)(a) or (b).

13  893.13(2)(b)       1st      Purchase in excess of 10 grams of

14                              any substance specified in s.

15                              893.03(1)(a) or (b).

16  893.13(6)(c)       1st      Possess in excess of 10 grams of

17                              any substance specified in s.

18                              893.03(1)(a) or (b).

19  893.135(1)(a)2.    1st      Trafficking in cannabis, more

20                              than 2,000 lbs., less than 10,000

21                              lbs.

22  893.135

23   (1)(b)1.b.        1st      Trafficking in cocaine, more than

24                              200 grams, less than 400 grams.

25  893.135

26   (1)(c)1.b.        1st      Trafficking in illegal drugs,

27                              more than 14 grams, less than 28

28                              grams.

29

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  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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  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

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  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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  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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  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.

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  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 6.  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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  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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  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

31

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  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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  1

  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 7.  This act shall take effect October 1, 2001.

  9

10            *****************************************

11                       LEGISLATIVE SUMMARY

12    Makes it a capital felony to commit the unlawful killing
      of a human being while perpetrating or attempting to
13    perpetrate the act of resisting a law enforcement officer
      with violence to the officer's person. Provides penalties
14    for specified murders involving the perpetration of or
      the attempt to perpetrate the act of resisting a law
15    enforcement officer with violence to the officer's
      person.
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