Senate Bill sb0076Bc1

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    Florida Senate - 2001                           CS for SB 76-B

    By the Committee on Criminal Justice; and Senators
    Brown-Waite, Smith and Crist




    307-475C-02

  1                      A bill to be entitled

  2         An act relating to sentencing; creating s.

  3         775.31, F.S.; providing for the

  4         reclassification of offenses the commission of

  5         which facilitated or furthered any act of

  6         terrorism; defining the term "terrorism";

  7         amending s. 782.04, F.S.; including any felony

  8         that is an act or terrorism or is in

  9         furtherance of an act of terrorism as a

10         qualifying offense under the felony-murder

11         provisions; creating the crime of felony-murder

12         involving any felony that is an act of

13         terrorism or is in furtherance of an act of

14         terrorism; defining the term "terrorism";

15         amending s. 859.01, F.S.; making it a crime to

16         introduce or add a poison, or introduce, add,

17         or mingle any bacteria, virus, or chemical

18         compound with food, drink, or medicine with

19         intent to kill or injure; making it a crime to

20         introduce, add, or mingle any bacteria, virus,

21         or chemical compound in a spring, well, or

22         reservoir with intent to kill or injure;

23         providing an effective date.

24

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

26

27         Section 1.  Section 775.31, Florida Statutes, is

28  created to read:

29         775.31  Facilitating or furthering terrorism; felony or

30  misdemeanor reclassification.--

31

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    Florida Senate - 2001                           CS for SB 76-B
    307-475C-02




  1         (1)  The felony or misdemeanor degree of any criminal

  2  offense shall be reclassified to the next higher degree as

  3  provided in this section if the commission of the felony or

  4  misdemeanor facilitated or furthered the commission of any act

  5  of terrorism. The reclassification shall be made in the

  6  following manner:

  7         (a)  In the case of a misdemeanor of the second degree,

  8  the offense is reclassified as a misdemeanor of the first

  9  degree.

10         (b)  In the case of a misdemeanor of the first degree,

11  the offense is reclassified as a felony of the third degree.

12         (c)  In the case of a felony of the third degree, the

13  offense is reclassified as a felony of the second degree.

14         (d)  In the case of a felony of the first degree or a

15  felony of the first degree punishable by a term of

16  imprisonment not exceeding life, the offense is reclassified

17  as a life felony.

18         (2)  For purposes of sentencing under chapter 921, the

19  following offense severity ranking levels apply:

20         (a)  An offense that is a misdemeanor of the first

21  degree and that is reclassified under this section as a felony

22  of the third degree is ranked in level 2 of the offense

23  severity ranking chart.

24         (b)  A felony offense that is reclassified under this

25  section is ranked one level above the ranking specified in s.

26  921.0022 or s. 921.0023 for the offense committed.

27         (3)  As used in this section, the term "terrorism"

28  means an activity that:

29         (a)  Involves a violent act or act dangerous to human

30  life which is a violation of the criminal laws of this state

31  or of the United States; and

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    Florida Senate - 2001                           CS for SB 76-B
    307-475C-02




  1         (b)  Appears to be intended to:

  2         1.  Intimidate, injure, or coerce a civilian

  3  population;

  4         2.  Influence the policy of a government by

  5  intimidation or coercion; or

  6         3.  Affect the conduct of government through

  7  destruction of property, assassination, murder, or kidnapping.

  8         Section 2.  Section 782.084, Florida Statutes, is

  9  amended to read:

10         782.04  Murder.--

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

12         1.  When perpetrated from a premeditated design to

13  effect the death of the person killed or any human being;

14         2.  When committed by a person engaged in the

15  perpetration of, or 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,

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    Florida Senate - 2001                           CS for SB 76-B
    307-475C-02




  1         o.  Murder of another human being,

  2         p.  Resisting an officer with violence to his or her

  3  person;

  4         q.  Felony that is an act or terrorism or is in

  5  furtherance of an act of terrorism; or

  6         3.  Which resulted from the unlawful distribution of

  7  any substance controlled under s. 893.03(1), cocaine as

  8  described in s. 893.03(2)(a)4., or opium or any synthetic or

  9  natural salt, compound, derivative, or preparation of opium by

10  a person 18 years of age or older, when such drug is proven to

11  be the proximate cause of the death of the user,

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13  is murder in the first degree and constitutes a capital

14  felony, punishable as provided in s. 775.082.

15         (b)  In all cases under this section, the procedure set

16  forth in s. 921.141 shall be followed in order to determine

17  sentence of death or life imprisonment.

18         (2)  The unlawful killing of a human being, when

19  perpetrated by any act imminently dangerous to another and

20  evincing a depraved mind regardless of human life, although

21  without any premeditated design to effect the death of any

22  particular individual, is murder in the second degree and

23  constitutes a felony of the first degree, punishable by

24  imprisonment for a term of years not exceeding life or as

25  provided in s. 775.082, s. 775.083, or s. 775.084.

26         (3)  When a person is killed in the perpetration of, or

27  in the attempt to perpetrate, any:

28         (a)  Trafficking offense prohibited by s. 893.135(1),

29         (b)  Arson,

30         (c)  Sexual battery,

31         (d)  Robbery,

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    Florida Senate - 2001                           CS for SB 76-B
    307-475C-02




  1         (e)  Burglary,

  2         (f)  Kidnapping,

  3         (g)  Escape,

  4         (h)  Aggravated child abuse,

  5         (i)  Aggravated abuse of an elderly person or disabled

  6  adult,

  7         (j)  Aircraft piracy,

  8         (k)  Unlawful throwing, placing, or discharging of a

  9  destructive device or bomb,

10         (l)  Carjacking,

11         (m)  Home-invasion robbery,

12         (n)  Aggravated stalking,

13         (o)  Murder of another human being, or

14         (p)  Resisting an officer with violence to his or her

15  person, or

16         (q)  Felony that is an act or terrorism or is in

17  furtherance of an act of terrorism

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19  by a person other than the person engaged in the perpetration

20  of or in the attempt to perpetrate such felony, the person

21  perpetrating or attempting to perpetrate such felony is guilty

22  of murder in the second degree, which constitutes a felony of

23  the first degree, punishable by imprisonment for a term of

24  years not exceeding life or as provided in s. 775.082, s.

25  775.083, or s. 775.084.

26         (4)  The unlawful killing of a human being, when

27  perpetrated without any design to effect death, by a person

28  engaged in the perpetration of, or in the attempt to

29  perpetrate, any felony other than any:

30         (a)  Trafficking offense prohibited by s. 893.135(1),

31         (b)  Arson,

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    Florida Senate - 2001                           CS for SB 76-B
    307-475C-02




  1         (c)  Sexual battery,

  2         (d)  Robbery,

  3         (e)  Burglary,

  4         (f)  Kidnapping,

  5         (g)  Escape,

  6         (h)  Aggravated child abuse,

  7         (i)  Aggravated abuse of an elderly person or disabled

  8  adult,

  9         (j)  Aircraft piracy,

10         (k)  Unlawful throwing, placing, or discharging of a

11  destructive device or bomb,

12         (l)  Unlawful distribution of any substance controlled

13  under s. 893.03(1), cocaine as described in s. 893.03(2)(a)4.,

14  or opium or any synthetic or natural salt, compound,

15  derivative, or preparation of opium by a person 18 years of

16  age or older, when such drug is proven to be the proximate

17  cause of the death of the user,

18         (m)  Carjacking,

19         (n)  Home-invasion robbery,

20         (o)  Aggravated stalking,

21         (p)  Murder of another human being, or

22         (q)  Resisting an officer with violence to his or her

23  person, or

24         (r)  Felony that is an act or terrorism or is in

25  furtherance of an act terrorism

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27  is murder in the third degree and constitutes a felony of the

28  second degree, punishable as provided in s. 775.082, s.

29  775.083, or s. 775.084.

30         (5)  As used in this section, the term "terrorism"

31  means an activity that:

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    Florida Senate - 2001                           CS for SB 76-B
    307-475C-02




  1         (a)  Involves a violent act or act dangerous to human

  2  life which is a violation of the criminal laws of this state

  3  or of the United States; and

  4         (b)  Appears to be intended to:

  5         1.  Intimidate, injure, or coerce a civilian

  6  population;

  7         2.  Influence the policy of a government by

  8  intimidation or coercion; or

  9         3.  Affect the conduct of government through

10  destruction of property, assassination, murder, or kidnapping.

11         Section 3.  Section 859.01, Florida Statutes, is

12  amended to read:

13         859.01  Poisoning food or water.--Whoever introduces,

14  adds, or mingles any poison, bacteria, virus, or chemical

15  compound with food, drink, or medicine with intent to kill or

16  injure another person, or willfully poisons, or introduces,

17  adds, or mingles any bacteria, virus, or chemical compound in

18  any spring, well, or reservoir of water with such intent,

19  shall be guilty of a felony of the first degree, punishable as

20  provided in s. 775.082, s. 775.083, or s. 775.084.

21         Section 4.  This act shall take effect upon becoming a

22  law.

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    Florida Senate - 2001                           CS for SB 76-B
    307-475C-02




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 76-B

  3

  4  -     Provides a definition of the term "terrorism."

  5  -     Reclassifies the felony or misdemeanor degree of any
          offense if the commission of the offense facilitates or
  6        furthers the commission of any act of terrorism.

  7  -     Ranks reclassified offenses.

  8  -     Adds as qualifying offenses for purpose of the felony
          murder provisions any felony that is an act of terrorism
  9        or is in furtherance of act of terrorism.

10  -     Creates a first degree felony for introducing or adding
          any poison, or introducing, adding, or mingling any
11        bacteria, virus or chemical compound with food, drink,
          or medicine with the intent to kill or injure another
12        person, or for introducing, adding, or mingling any
          bacteria, virus, or chemical compound in any spring,
13        well, or reservoir of water with such intent.

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