House Bill hb0855c1

    Florida House of Representatives - 2002              CS/HB 855

        By the Committee on Crime Prevention, Corrections & Safety
    and Representative Barreiro





  1                      A bill to be entitled

  2         An act relating to illegal bringing of certain

  3         aliens into the state; providing definitions;

  4         providing penalties; providing an increased

  5         penalty when a person is seriously injured or

  6         killed as a result of a violation of the act;

  7         providing appropriate sentencing

  8         considerations; providing for videotaped

  9         depositions; providing an effective date.

10

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

12

13         Section 1.  Illegal bringing of certain aliens into the

14  state; definitions; penalties; increased penalties where

15  serious injury or death results.--

16         (1)  For purposes of this section:

17         (a)  "Alien" means any person who is not a citizen or

18  national of the United States.

19         (b)  "National of the United States" means a person

20  who, though not a citizen of the United States, owes permanent

21  allegiance to the United States.

22         (2)  Except as provided in subsection (3) or subsection

23  (4), a person who knowingly or in reckless disregard of the

24  fact that an alien has not received prior official

25  authorization to come to, enter, or reside in the United

26  States pursuant to the United States Immigration and

27  Naturalization Code, section 1101, et seq., brings, attempts

28  to bring, or conspires to bring into the state in any manner

29  whatsoever such alien, regardless of any official action which

30  may later be taken with respect to such alien, commits a

31  felony of the second degree, punishable as provided in s.

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






    Florida House of Representatives - 2002              CS/HB 855

    189-925-02






  1  775.082, s. 775.083, or s. 775.084, Florida Statutes, for each

  2  alien in respect to whom a violation of this subsection

  3  occurs.

  4         (3)  A person who violates subsection (2), during and

  5  in relation to which such person causes serious bodily injury

  6  to, or places in jeopardy the life of, any other person,

  7  commits a felony of the first degree, punishable as provided

  8  in s. 775.082, s. 775.03, or s. 775.084, Florida Statutes, for

  9  each alien in respect to whom a violation of subsection (2)

10  occurs.

11         (4)  A person who violates subsection (2) resulting in

12  the death of another person commits a capital felony,

13  punishable as provided in s. 775.082, Florida Statutes, for

14  each alien in respect to whom a violation of subsection (2)

15  occurs.

16         (5)  In determining the appropriate sentence for any

17  violation of this section, the sentencing court may take into

18  consideration a federal offense comparable to the offense

19  under this section for which the defendant is to be sentenced

20  and the maximum penalty provided for such federal offense.

21         (6)  Notwithstanding any other section that may be to

22  the contrary, the videotaped or otherwise audiovisually

23  preserved deposition of a witness to a violation of this

24  section who has been deported or otherwise expelled from the

25  United States, or is otherwise unable to testify, may be

26  admitted into evidence in an action brought for such violation

27  if such witness was available for cross-examination and the

28  deposition otherwise complies with the Florida Rules of

29  Evidence.

30         Section 2.  This act shall take effect July 1, 2002.

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