Senate Bill sb0350

    Florida Senate - 2005                                   SB 350

    By Senator Lynn





    7-339-05

  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; providing an

  8         effective date.

  9  

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

11  

12         Section 1.  This act may be cited as the "Jason A.

13  Gucwa Act."

14         Section 2.  Subsection (1) of section 777.03, Florida

15  Statutes, is amended to read:

16         777.03  Accessory after the fact.--

17         (1)(a)  Any person, except a child under 18 years of

18  age at the time of the commission of the underlying felony,

19  regardless of the relation to the offender not standing in the

20  relation of husband or wife, parent or grandparent, child or

21  grandchild, brother or sister, by consanguinity or affinity to

22  the offender, who maintains or assists the principal or

23  accessory before the fact, or gives the offender any other

24  aid, knowing that the offender had committed a felony or been

25  accessory thereto before the fact, with intent that the

26  offender avoids or escapes detection, arrest, trial or

27  punishment, is an accessory after the fact.

28         (b)  Any person, regardless of the relation to the

29  offender, who maintains or assists the principal or accessory

30  before the fact, or gives the offender any other aid, knowing

31  that the offender had committed the offense of child abuse,

                                  1

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






    Florida Senate - 2005                                   SB 350
    7-339-05




 1  neglect of a child, aggravated child abuse, aggravated

 2  manslaughter of a child under 18 years of age, or murder of a

 3  child under 18 years of age, or had been accessory thereto

 4  before the fact, with the intent that the offender avoids or

 5  escapes detection, arrest, trial, or punishment, is an

 6  accessory after the fact unless the court finds that the

 7  person is a victim of domestic violence.

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

 9  law.

10  

11            *****************************************

12                          SENATE SUMMARY

13    Removes provisions that exempt certain members of an
      offender's family from being charged with the offense of
14    acting as an accessory after the fact.

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  2

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