SENATE AMENDMENT
Bill No. HB 125, 1st Eng.
Amendment No. ___ Barcode 143924
CHAMBER ACTION
Senate House
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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
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22 Florida Felony
23 Statute Degree Description
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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.
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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
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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
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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.
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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,
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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.
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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
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31 and insert:
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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 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.
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