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