SENATE AMENDMENT
    Bill No. HB 125, 1st Eng.
    Amendment No. ___   Barcode 143924
                            CHAMBER ACTION
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11  Senator Lynn moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
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16  and insert:  
17         Section 1.  This act may be cited as the "Jason A.
18  Gucwa Act."
19         Section 2.  Subsection (1) of section 777.03, Florida
20  Statutes, is amended to read:
21         777.03  Accessory after the fact.--
22         (1)(a)  Any person, except a child under the age of 18
23  at the time of the commission of the underlying felony,
24  regardless of the relation to the offender not standing in the
25  relation of husband or wife, parent or grandparent, child or
26  grandchild, brother or sister, by consanguinity or affinity to
27  the offender, who maintains or assists the principal or
28  accessory before the fact, or gives the offender any other
29  aid, knowing that the offender had committed a felony or been
30  accessory thereto before the fact, with intent that the
31  offender avoids or escapes detection, arrest, trial or
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    11:54 AM   04/21/04                               h0125c-07c4t

SENATE AMENDMENT Bill No. HB 125, 1st Eng. Amendment No. ___ Barcode 143924 1 punishment, is an accessory after the fact. 2 (b) Any person, regardless of the relation to the 3 offender, who maintains or assists the principal or accessory 4 before the fact, or gives the offender any other aid, knowing 5 that the offender had committed the offense of child abuse, 6 neglect of a child, aggravated child abuse, aggravated 7 manslaughter of a child under 18 years of age, or murder of a 8 child under 18 years of age, or had been accessory thereto 9 before the fact, with the intent that the offender avoids or 10 escapes detection, arrest, trial, or punishment, is an 11 accessory after the fact unless the court finds that the 12 person is a victim of domestic violence. 13 Section 3. For the purpose of incorporating the 14 amendment made by this act to section 777.03, Florida 15 Statutes, in a reference thereto, paragraph (h) of subsection 16 (3) of section 921.0022, Florida Statutes, is reenacted to 17 read: 18 921.0022 Criminal Punishment Code; offense severity 19 ranking chart.-- 20 (3) OFFENSE SEVERITY RANKING CHART 21 22 Florida Felony 23 Statute Degree Description 24 25 26 (h) LEVEL 8 27 316.193 28 (3)(c)3.a. 2nd DUI manslaughter. 29 327.35(3)(c)3. 2nd Vessel BUI manslaughter. 30 499.0051(7) 1st Forgery of prescription or legend 31 drug labels. 2 11:54 AM 04/21/04 h0125c-07c4t
SENATE AMENDMENT Bill No. HB 125, 1st Eng. Amendment No. ___ Barcode 143924 1 499.0052 1st Trafficking in contraband legend 2 drugs. 3 560.123(8)(b)2. 2nd Failure to report currency or 4 payment instruments totaling or 5 exceeding $20,000, but less than 6 $100,000 by money transmitter. 7 560.125(5)(b) 2nd Money transmitter business by 8 unauthorized person, currency or 9 payment instruments totaling or 10 exceeding $20,000, but less than 11 $100,000. 12 655.50(10)(b)2. 2nd Failure to report financial 13 transactions totaling or 14 exceeding $20,000, but less than 15 $100,000 by financial 16 institutions. 17 777.03(2)(a) 1st Accessory after the fact, capital 18 felony. 19 782.04(4) 2nd Killing of human without design 20 when engaged in act or attempt of 21 any felony other than arson, 22 sexual battery, robbery, 23 burglary, kidnapping, aircraft 24 piracy, or unlawfully discharging 25 bomb. 26 782.051(2) 1st Attempted felony murder while 27 perpetrating or attempting to 28 perpetrate a felony not 29 enumerated in s. 782.04(3). 30 782.071(1)(b) 1st Committing vehicular homicide and 31 failing to render aid or give 3 11:54 AM 04/21/04 h0125c-07c4t
SENATE AMENDMENT Bill No. HB 125, 1st Eng. Amendment No. ___ Barcode 143924 1 information. 2 782.072(2) 1st Committing vessel homicide and 3 failing to render aid or give 4 information. 5 790.161(3) 1st Discharging a destructive device 6 which results in bodily harm or 7 property damage. 8 794.011(5) 2nd Sexual battery, victim 12 years 9 or over, offender does not use 10 physical force likely to cause 11 serious injury. 12 800.04(4) 2nd Lewd or lascivious battery. 13 806.01(1) 1st Maliciously damage dwelling or 14 structure by fire or explosive, 15 believing person in structure. 16 810.02(2)(a) 1st,PBL Burglary with assault or battery. 17 810.02(2)(b) 1st,PBL Burglary; armed with explosives 18 or dangerous weapon. 19 810.02(2)(c) 1st Burglary of a dwelling or 20 structure causing structural 21 damage or $1,000 or more property 22 damage. 23 812.13(2)(b) 1st Robbery with a weapon. 24 812.135(2) 1st Home-invasion robbery. 25 817.568(6) 2nd Fraudulent use of personal 26 identification information of an 27 individual under the age of 18. 28 825.102(2) 2nd Aggravated abuse of an elderly 29 person or disabled adult. 30 825.1025(2) 2nd Lewd or lascivious battery upon 31 an elderly person or disabled 4 11:54 AM 04/21/04 h0125c-07c4t
SENATE AMENDMENT Bill No. HB 125, 1st Eng. Amendment No. ___ Barcode 143924 1 adult. 2 825.103(2)(a) 1st Exploiting an elderly person or 3 disabled adult and property is 4 valued at $100,000 or more. 5 837.02(2) 2nd Perjury in official proceedings 6 relating to prosecution of a 7 capital felony. 8 837.021(2) 2nd Making contradictory statements 9 in official proceedings relating 10 to prosecution of a capital 11 felony. 12 860.121(2)(c) 1st Shooting at or throwing any 13 object in path of railroad 14 vehicle resulting in great bodily 15 harm. 16 860.16 1st Aircraft piracy. 17 893.13(1)(b) 1st Sell or deliver in excess of 10 18 grams of any substance specified 19 in s. 893.03(1)(a) or (b). 20 893.13(2)(b) 1st Purchase in excess of 10 grams of 21 any substance specified in s. 22 893.03(1)(a) or (b). 23 893.13(6)(c) 1st Possess in excess of 10 grams of 24 any substance specified in s. 25 893.03(1)(a) or (b). 26 893.135(1)(a)2. 1st Trafficking in cannabis, more 27 than 2,000 lbs., less than 10,000 28 lbs. 29 893.135 30 (1)(b)1.b. 1st Trafficking in cocaine, more than 31 200 grams, less than 400 grams. 5 11:54 AM 04/21/04 h0125c-07c4t
SENATE AMENDMENT Bill No. HB 125, 1st Eng. Amendment No. ___ Barcode 143924 1 893.135 2 (1)(c)1.b. 1st Trafficking in illegal drugs, 3 more than 14 grams, less than 28 4 grams. 5 893.135 6 (1)(d)1.b. 1st Trafficking in phencyclidine, 7 more than 200 grams, less than 8 400 grams. 9 893.135 10 (1)(e)1.b. 1st Trafficking in methaqualone, more 11 than 5 kilograms, less than 25 12 kilograms. 13 893.135 14 (1)(f)1.b. 1st Trafficking in amphetamine, more 15 than 28 grams, less than 200 16 grams. 17 893.135 18 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 19 grams or more, less than 28 20 grams. 21 893.135 22 (1)(h)1.b. 1st Trafficking in 23 gamma-hydroxybutyric acid (GHB), 24 5 kilograms or more, less than 10 25 kilograms. 26 893.135 27 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 28 kilograms or more, less than 10 29 kilograms. 30 893.135 31 (1)(k)2.b. 1st Trafficking in Phenethylamines, 6 11:54 AM 04/21/04 h0125c-07c4t
SENATE AMENDMENT Bill No. HB 125, 1st Eng. Amendment No. ___ Barcode 143924 1 200 grams or more, less than 400 2 grams. 3 895.03(1) 1st Use or invest proceeds derived 4 from pattern of racketeering 5 activity. 6 895.03(2) 1st Acquire or maintain through 7 racketeering activity any 8 interest in or control of any 9 enterprise or real property. 10 895.03(3) 1st Conduct or participate in any 11 enterprise through pattern of 12 racketeering activity. 13 896.101(5)(b) 2nd Money laundering, financial 14 transactions totaling or 15 exceeding $20,000, but less than 16 $100,000. 17 896.104(4)(a)2. 2nd Structuring transactions to evade 18 reporting or registration 19 requirements, financial 20 transactions totaling or 21 exceeding $20,000 but less than 22 $100,000. 23 Section 4. This act shall take effect upon becoming a 24 law. 25 26 27 ================ T I T L E A M E N D M E N T =============== 28 And the title is amended as follows: 29 Delete everything before the enacting clause 30 31 and insert: 7 11:54 AM 04/21/04 h0125c-07c4t
SENATE AMENDMENT Bill No. HB 125, 1st Eng. Amendment No. ___ Barcode 143924 1 A bill to be entitled 2 An act relating to accessories to a crime; 3 providing a short title; amending s. 777.03, 4 F.S.; removing provisions that exempt certain 5 members of an offender's family from being 6 charged with the offense of acting as an 7 accessory after the fact; reenacting s. 8 921.0022(3)(h), F.S., relating to the Criminal 9 Punishment Code, to incorporate the amendment 10 to s. 777.03, F.S., in a reference thereto; 11 providing an effective date. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 8 11:54 AM 04/21/04 h0125c-07c4t