House Bill hb0033C

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




    Florida House of Representatives - 2001                HB 33-C

        By Representative Goodlette






  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 of 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         providing an effective date.

16

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

18

19         Section 1.  Section 775.31, Florida Statutes, is

20  created to read:

21         775.31  Facilitating or furthering terrorism; felony or

22  misdemeanor reclassification.--

23         (1)  If a person is convicted of committing a felony or

24  misdemeanor that facilitated or furthered any act of

25  terrorism, the court shall reclassify the felony or

26  misdemeanor to the next higher degree as provided in this

27  section. The reclassification shall be made in the following

28  manner:

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

30  the offense is reclassified as a misdemeanor of the first

31  degree.

                                  1

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






    Florida House of Representatives - 2001                HB 33-C

    704-169-01C






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

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

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

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

  5         (d)  In the case of a felony of the second degree, the

  6  offense is reclassified as a felony of the first degree.

  7         (e)  In the case of a felony of the first degree or a

  8  felony of the first degree punishable by a term of

  9  imprisonment not exceeding life, the offense is reclassified

10  as a life felony.

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

12  following offense severity ranking levels apply:

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

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

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

16  severity ranking chart.

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

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

19  921.0022 or s. 921.0023 for the offense committed.

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

21  means an activity that:

22         (a)1.  Involves a violent act or an act dangerous to

23  human life which is a violation of the criminal laws of this

24  state or of the United States; or

25         2.  Involves a violation of s. 815.06; and 

26         (b)  Is intended to:

27         1.  Intimidate, injure, or coerce a civilian

28  population;

29         2.  Influence the policy of a government by

30  intimidation or coercion; or

31

                                  2

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






    Florida House of Representatives - 2001                HB 33-C

    704-169-01C






  1         3.  Affect the conduct of government through

  2  destruction of property, assassination, murder, kidnapping, or

  3  aircraft piracy.

  4         Section 2.  Section 782.04, Florida Statutes, is

  5  amended to read:

  6         782.04  Murder.--

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

  8         1.  When perpetrated from a premeditated design to

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

10         2.  When committed by a person engaged in the

11  perpetration of, or in the attempt to perpetrate, any:

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

13         b.  Arson,

14         c.  Sexual battery,

15         d.  Robbery,

16         e.  Burglary,

17         f.  Kidnapping,

18         g.  Escape,

19         h.  Aggravated child abuse,

20         i.  Aggravated abuse of an elderly person or disabled

21  adult,

22         j.  Aircraft piracy,

23         k.  Unlawful throwing, placing, or discharging of a

24  destructive device or bomb,

25         l.  Carjacking,

26         m.  Home-invasion robbery,

27         n.  Aggravated stalking,

28         o.  Murder of another human being,

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

30  person,; or

31

                                  3

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






    Florida House of Representatives - 2001                HB 33-C

    704-169-01C






  1         q.  Felony that is an act of terrorism or is in

  2  furtherance of an act of terrorism; or

  3         3.  Which resulted from the unlawful distribution of

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

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

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

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

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

  9

10  is murder in the first degree and constitutes a capital

11  felony, punishable as provided in s. 775.082.

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

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

14  sentence of death or life imprisonment.

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

16  perpetrated by any act imminently dangerous to another and

17  evincing a depraved mind regardless of human life, although

18  without any premeditated design to effect the death of any

19  particular individual, is murder in the second degree and

20  constitutes a felony of the first degree, punishable by

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

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

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

24  in the attempt to perpetrate, any:

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

26         (b)  Arson,

27         (c)  Sexual battery,

28         (d)  Robbery,

29         (e)  Burglary,

30         (f)  Kidnapping,

31         (g)  Escape,

                                  4

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






    Florida House of Representatives - 2001                HB 33-C

    704-169-01C






  1         (h)  Aggravated child abuse,

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

  3  adult,

  4         (j)  Aircraft piracy,

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

  6  destructive device or bomb,

  7         (l)  Carjacking,

  8         (m)  Home-invasion robbery,

  9         (n)  Aggravated stalking,

10         (o)  Murder of another human being, or

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

12  person, or

13         (q)  Felony that is an act of terrorism or is in

14  furtherance of an act of terrorism,

15

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

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

18  perpetrating or attempting to perpetrate such felony is guilty

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

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

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

22  775.083, or s. 775.084.

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

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

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

26  perpetrate, any felony other than any:

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

28         (b)  Arson,

29         (c)  Sexual battery,

30         (d)  Robbery,

31         (e)  Burglary,

                                  5

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






    Florida House of Representatives - 2001                HB 33-C

    704-169-01C






  1         (f)  Kidnapping,

  2         (g)  Escape,

  3         (h)  Aggravated child abuse,

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

  5  adult,

  6         (j)  Aircraft piracy,

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

  8  destructive device or bomb,

  9         (l)  Unlawful distribution of any substance controlled

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

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

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

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

14  cause of the death of the user,

15         (m)  Carjacking,

16         (n)  Home-invasion robbery,

17         (o)  Aggravated stalking,

18         (p)  Murder of another human being, or

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

20  person, or

21         (r)  Felony that is an act of terrorism or is in

22  furtherance of an act of terrorism,

23

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

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

26  775.083, or s. 775.084.

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

28  means an activity that:

29         (a)1.  Involves a violent act or an act dangerous to

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

31  state or of the United States; or

                                  6

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






    Florida House of Representatives - 2001                HB 33-C

    704-169-01C






  1         2.  Involves a violation of s. 815.06; and 

  2         (b)  Is intended to:

  3         1.  Intimidate, injure, or coerce a civilian

  4  population;

  5         2.  Influence the policy of a government by

  6  intimidation or coercion; or

  7         3.  Affect the conduct of government through

  8  destruction of property, assassination, murder, kidnapping, or

  9  aircraft piracy.

10         Section 3.  This act shall take effect upon becoming a

11  law.

12

13            *****************************************

14                          SENATE SUMMARY

15    Provides for the reclassification of a felony or
      misdemeanor to the next higher degree if the trier of
16    fact finds that the offense facilitated or furthered the
      commission of an act of terrorism. Defines the term
17    "terrorism." Provides for a felony that is an act of
      terrorism or that is in furtherance of an act of
18    terrorism to constitute a qualifying offense for purposes
      of charging the offender with felony murder. (See bill
19    for details.)

20

21

22

23

24

25

26

27

28

29

30

31

                                  7

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