Senate Bill sb1288

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    Florida Senate - 2006                                  SB 1288

    By Senator Lynn





    7-942-06

  1                      A bill to be entitled

  2         An act relating to stalking; amending s.

  3         784.048, F.S.; defining the term "family";

  4         providing that the family of the person who is

  5         a victim of the offense of stalking is also

  6         protected from the offense of stalking;

  7         increasing the classification of the offense of

  8         stalking from a misdemeanor of the first degree

  9         to a felony of the third degree; increasing the

10         classification of the offense of aggravated

11         stalking from a felony of the third degree to a

12         felony of the second degree; requiring a court

13         to issue an injunction for protection against

14         domestic violence if a person commits the

15         offense of stalking or the offense of

16         aggravated stalking; providing an exception;

17         requiring the court to make compliance with the

18         injunction a condition of probation; requiring

19         the court to state the reasons if the court

20         does not issue an injunction for protection

21         against domestic violence; providing that an

22         injunction entered as part of a plea agreement

23         is as definitive and binding as any other

24         injunction for protection and requiring a

25         statement to that effect be made part of the

26         plea agreement; providing that an injunction

27         for protection against domestic violence may be

28         enforced by the state or by a person named in

29         the injunction; providing that if civil

30         enforcement is necessary, the defendant is

31         liable for costs and attorney's fees incurred

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    Florida Senate - 2006                                  SB 1288
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 1         by the person in enforcing the injunction;

 2         amending s. 921.0022, F.S.; conforming

 3         provisions to changes made by the act;

 4         providing an effective date.

 5  

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

 7  

 8         Section 1.  Section 784.048, Florida Statutes, is

 9  amended to read:

10         784.048  Stalking; definitions; penalties.--

11         (1)  As used in this section, the term:

12         (a)  "Harass" means to engage in a course of conduct

13  directed at a specific person that causes substantial

14  emotional distress in the such person and serves no legitimate

15  purpose.

16         (b)  "Course of conduct" means a pattern of conduct

17  composed of a series of acts over a period of time, however

18  short, evidencing a continuity of purpose. Constitutionally

19  protected activity is not included within the meaning of

20  "course of conduct." Such constitutionally protected activity

21  includes picketing or other organized protests.

22         (c)  "Credible threat" means a threat made with the

23  intent to cause the person who is the target of the threat to

24  reasonably fear for his or her safety. The threat must be

25  against the life of, or a threat to cause bodily injury to, a

26  person.

27         (d)  "Cyberstalk" means to engage in a course of

28  conduct to communicate, or to cause to be communicated, words,

29  images, or language by or through the use of electronic mail

30  or electronic communication, directed at a specific person,

31  

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    Florida Senate - 2006                                  SB 1288
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 1  causing substantial emotional distress to that person and

 2  serving no legitimate purpose.

 3         (e)  "Family" has the same meaning as in s. 741.28(3).

 4         (2)  Any person who willfully, maliciously, and

 5  repeatedly follows, harasses, or cyberstalks another person or

 6  the person's family commits the offense of stalking, a felony

 7  misdemeanor of the third first degree, punishable as provided

 8  in s. 775.082, or s. 775.083, or s. 775.084.

 9         (3)  Any person who willfully, maliciously, and

10  repeatedly follows, harasses, or cyberstalks another person,

11  and makes a credible threat with the intent to place that

12  person in reasonable fear of death or bodily injury of the

13  person, or the person's family child, sibling, spouse, parent,

14  or dependent, commits the offense of aggravated stalking, a

15  felony of the second third degree, punishable as provided in

16  s. 775.082, s. 775.083, or s. 775.084.

17         (4)  Any person who, after an injunction for protection

18  against repeat violence, sexual violence, or dating violence

19  pursuant to s. 784.046, or an injunction for protection

20  against domestic violence pursuant to s. 741.30, or after any

21  other court-imposed prohibition of conduct toward the subject

22  person or that person's family or property, knowingly,

23  willfully, maliciously, and repeatedly follows, harasses, or

24  cyberstalks another person or the person's family commits the

25  offense of aggravated stalking, a felony of the second third

26  degree, punishable as provided in s. 775.082, s. 775.083, or

27  s. 775.084.

28         (5)  Any person who willfully, maliciously, and

29  repeatedly follows, harasses, or cyberstalks a minor under 16

30  years of age commits the offense of aggravated stalking, a

31  

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 1  felony of the second third degree, punishable as provided in

 2  s. 775.082, s. 775.083, or s. 775.084.

 3         (6)  Any law enforcement officer may arrest, without a

 4  warrant, any person he or she has probable cause to believe

 5  has violated the provisions of this section.

 6         (7)  Any person who, after having been sentenced for a

 7  violation of s. 794.011 or s. 800.04, and prohibited from

 8  contacting the victim of the offense under s. 921.244,

 9  willfully, maliciously, and repeatedly follows, harasses, or

10  cyberstalks the victim or the victim's family commits the

11  offense of aggravated stalking, a felony of the second third

12  degree, punishable as provided in s. 775.082, s. 775.083, or

13  s. 775.084.

14         (8)  The punishment imposed under this section shall

15  run consecutive to any former sentence imposed for a

16  conviction for any offense under s. 794.011 or s. 800.04.

17         (9)(a)  In addition to any punishment, the court shall

18  issue an injunction for protection against domestic violence

19  unless it finds clear and compelling reasons not to issue an

20  injunction. The injunction for protection against domestic

21  violence shall be issued in accordance with s. 741.30(6). The

22  court shall make compliance with the injunction a condition of

23  probation in accordance with s. 948.03.

24         (b)  If the court does not issue an injunction for

25  protection against domestic violence, it shall state on the

26  record in detail the reasons for not issuing the injunction.

27  An injunction entered as part of a plea agreement is as

28  definitive and binding as any other injunction for protection,

29  and a statement to this effect must be made part of the plea

30  agreement.

31  

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 1         (c)  An injunction for protection against domestic

 2  violence  may be enforced by the state, or by a person named

 3  in the injunction, in the same manner as an injunction in a

 4  civil action. If civil enforcement is necessary, the defendant

 5  is liable for costs and attorney's fees incurred by the person

 6  in enforcing the injunction.

 7         Section 2.  Paragraphs (f) and (g) of subsection (3) of

 8  section 921.0022, Florida Statutes, are amended to read:

 9         921.0022  Criminal Punishment Code; offense severity

10  ranking chart.--

11         (3)  OFFENSE SEVERITY RANKING CHART

12  

13  Florida           Felony

14  Statute           Degree             Description

15  

16                     

17                              (f)  LEVEL 6

18  316.193(2)(b)      3rd      Felony DUI, 4th or subsequent

19                              conviction.

20  499.0051(3)        2nd      Forgery of pedigree papers.

21  499.0051(4)        2nd      Purchase or receipt of legend

22                              drug from unauthorized person.

23  499.0051(5)        2nd      Sale of legend drug to

24                              unauthorized person.

25  775.0875(1)        3rd      Taking firearm from law

26                              enforcement officer.

27  784.021(1)(a)      3rd      Aggravated assault; deadly weapon

28                              without intent to kill.

29  784.021(1)(b)      3rd      Aggravated assault; intent to

30                              commit felony.

31  784.041            3rd      Felony battery.

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 1  784.048(3)         2nd 3rd  Aggravated stalking; credible

 2                              threat.

 3  784.048(5)         2nd 3rd  Aggravated stalking of person

 4                              under 16.

 5  784.07(2)(c)       2nd      Aggravated assault on law

 6                              enforcement officer.

 7  784.074(1)(b)      2nd      Aggravated assault on sexually

 8                              violent predators facility staff.

 9  784.08(2)(b)       2nd      Aggravated assault on a person 65

10                              years of age or older.

11  784.081(2)         2nd      Aggravated assault on specified

12                              official or employee.

13  784.082(2)         2nd      Aggravated assault by detained

14                              person on visitor or other

15                              detainee.

16  784.083(2)         2nd      Aggravated assault on code

17                              inspector.

18  787.02(2)          3rd      False imprisonment; restraining

19                              with purpose other than those in

20                              s. 787.01.

21  790.115(2)(d)      2nd      Discharging firearm or weapon on

22                              school property.

23  790.161(2)         2nd      Make, possess, or throw

24                              destructive device with intent to

25                              do bodily harm or damage

26                              property.

27  790.164(1)         2nd      False report of deadly explosive,

28                              weapon of mass destruction, or

29                              act of arson or violence to state

30                              property.

31  

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 1  790.19             2nd      Shooting or throwing deadly

 2                              missiles into dwellings, vessels,

 3                              or vehicles.

 4  794.011(8)(a)      3rd      Solicitation of minor to

 5                              participate in sexual activity by

 6                              custodial adult.

 7  794.05(1)          2nd      Unlawful sexual activity with

 8                              specified minor.

 9  800.04(5)(d)       3rd      Lewd or lascivious molestation;

10                              victim 12 years of age or older

11                              but less than 16 years; offender

12                              less than 18 years.

13  800.04(6)(b)       2nd      Lewd or lascivious conduct;

14                              offender 18 years of age or

15                              older.

16  806.031(2)         2nd      Arson resulting in great bodily

17                              harm to firefighter or any other

18                              person.

19  810.02(3)(c)       2nd      Burglary of occupied structure;

20                              unarmed; no assault or battery.

21  812.014(2)(b)1.    2nd      Property stolen $20,000 or more,

22                              but less than $100,000, grand

23                              theft in 2nd degree.

24  812.015(9)         2nd      Retail theft; property stolen

25                              $300 or more; second or

26                              subsequent conviction.

27  812.13(2)(c)       2nd      Robbery, no firearm or other

28                              weapon (strong-arm robbery).

29  817.034(4)(a)1.    1st      Communications fraud, value

30                              greater than $50,000.

31  

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 1  817.4821(5)        2nd      Possess cloning paraphernalia

 2                              with intent to create cloned

 3                              cellular telephones.

 4  825.102(1)         3rd      Abuse of an elderly person or

 5                              disabled adult.

 6  825.102(3)(c)      3rd      Neglect of an elderly person or

 7                              disabled adult.

 8  825.1025(3)        3rd      Lewd or lascivious molestation of

 9                              an elderly person or disabled

10                              adult.

11  825.103(2)(c)      3rd      Exploiting an elderly person or

12                              disabled adult and property is

13                              valued at less than $20,000.

14  827.03(1)          3rd      Abuse of a child.

15  827.03(3)(c)       3rd      Neglect of a child.

16  827.071(2)&(3)     2nd      Use or induce a child in a sexual

17                              performance, or promote or direct

18                              such performance.

19  836.05             2nd      Threats; extortion.

20  836.10             2nd      Written threats to kill or do

21                              bodily injury.

22  843.12             3rd      Aids or assists person to escape.

23  847.0135(2)        3rd      Facilitates sexual conduct of or

24                              with a minor or the visual

25                              depiction of such conduct.

26  914.23             2nd      Retaliation against a witness,

27                              victim, or informant, with bodily

28                              injury.

29  

30  

31  

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 1  944.35(3)(a)2.     3rd      Committing malicious battery upon

 2                              or inflicting cruel or inhuman

 3                              treatment on an inmate or

 4                              offender on community

 5                              supervision, resulting in great

 6                              bodily harm.

 7  944.40             2nd      Escapes.

 8  944.46             3rd      Harboring, concealing, aiding

 9                              escaped prisoners.

10  944.47(1)(a)5.     2nd      Introduction of contraband

11                              (firearm, weapon, or explosive)

12                              into correctional facility.

13  951.22(1)          3rd      Intoxicating drug, firearm, or

14                              weapon introduced into county

15                              facility.

16                              (g)  LEVEL 7

17  316.027(1)(b)      2nd      Accident involving death, failure

18                              to stop; leaving scene.

19  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

20                              injury.

21  316.1935(3)(b)     1st      Causing serious bodily injury or

22                              death to another person; driving

23                              at high speed or with wanton

24                              disregard for safety while

25                              fleeing or attempting to elude

26                              law enforcement officer who is in

27                              a patrol vehicle with siren and

28                              lights activated.

29  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

30                              bodily injury.

31  

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 1  402.319(2)         2nd      Misrepresentation and negligence

 2                              or intentional act resulting in

 3                              great bodily harm, permanent

 4                              disfiguration, permanent

 5                              disability, or death.

 6  409.920(2)         3rd      Medicaid provider fraud.

 7  456.065(2)         3rd      Practicing a health care

 8                              profession without a license.

 9  456.065(2)         2nd      Practicing a health care

10                              profession without a license

11                              which results in serious bodily

12                              injury.

13  458.327(1)         3rd      Practicing medicine without a

14                              license.

15  459.013(1)         3rd      Practicing osteopathic medicine

16                              without a license.

17  460.411(1)         3rd      Practicing chiropractic medicine

18                              without a license.

19  461.012(1)         3rd      Practicing podiatric medicine

20                              without a license.

21  462.17             3rd      Practicing naturopathy without a

22                              license.

23  463.015(1)         3rd      Practicing optometry without a

24                              license.

25  464.016(1)         3rd      Practicing nursing without a

26                              license.

27  465.015(2)         3rd      Practicing pharmacy without a

28                              license.

29  466.026(1)         3rd      Practicing dentistry or dental

30                              hygiene without a license.

31  

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 1  467.201            3rd      Practicing midwifery without a

 2                              license.

 3  468.366            3rd      Delivering respiratory care

 4                              services without a license.

 5  483.828(1)         3rd      Practicing as clinical laboratory

 6                              personnel without a license.

 7  483.901(9)         3rd      Practicing medical physics

 8                              without a license.

 9  484.013(1)(c)      3rd      Preparing or dispensing optical

10                              devices without a prescription.

11  484.053            3rd      Dispensing hearing aids without a

12                              license.

13  494.0018(2)        1st      Conviction of any violation of

14                              ss. 494.001-494.0077 in which the

15                              total money and property

16                              unlawfully obtained exceeded

17                              $50,000 and there were five or

18                              more victims.

19  560.123(8)(b)1.    3rd      Failure to report currency or

20                              payment instruments exceeding

21                              $300 but less than $20,000 by

22                              money transmitter.

23  560.125(5)(a)      3rd      Money transmitter business by

24                              unauthorized person, currency or

25                              payment instruments exceeding

26                              $300 but less than $20,000.

27  655.50(10)(b)1.    3rd      Failure to report financial

28                              transactions exceeding $300 but

29                              less than $20,000 by financial

30                              institution.

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 1  775.21(10)(a)      3rd      Sexual predator; failure to

 2                              register; failure to renew

 3                              driver's license or

 4                              identification card; other

 5                              registration violations.

 6  775.21(10)(b)      3rd      Sexual predator working where

 7                              children regularly congregate.

 8  775.21(10)(g)      3rd      Failure to report or providing

 9                              false information about a sexual

10                              predator; harbor or conceal a

11                              sexual predator.

12  782.051(3)         2nd      Attempted felony murder of a

13                              person by a person other than the

14                              perpetrator or the perpetrator of

15                              an attempted felony.

16  782.07(1)          2nd      Killing of a human being by the

17                              act, procurement, or culpable

18                              negligence of another

19                              (manslaughter).

20  782.071            2nd      Killing of human being or viable

21                              fetus by the operation of a motor

22                              vehicle in a reckless manner

23                              (vehicular homicide).

24  782.072            2nd      Killing of a human being by the

25                              operation of a vessel in a

26                              reckless manner (vessel

27                              homicide).

28  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

29                              causing great bodily harm or

30                              disfigurement.

31  

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 1  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

 2                              weapon.

 3  784.045(1)(b)      2nd      Aggravated battery; perpetrator

 4                              aware victim pregnant.

 5  784.048(4)         2nd 3rd  Aggravated stalking; violation of

 6                              injunction or court order.

 7  784.048(7)         2nd 3rd  Aggravated stalking; violation of

 8                              court order.

 9  784.07(2)(d)       1st      Aggravated battery on law

10                              enforcement officer.

11  784.074(1)(a)      1st      Aggravated battery on sexually

12                              violent predators facility staff.

13  784.08(2)(a)       1st      Aggravated battery on a person 65

14                              years of age or older.

15  784.081(1)         1st      Aggravated battery on specified

16                              official or employee.

17  784.082(1)         1st      Aggravated battery by detained

18                              person on visitor or other

19                              detainee.

20  784.083(1)         1st      Aggravated battery on code

21                              inspector.

22  790.07(4)          1st      Specified weapons violation

23                              subsequent to previous conviction

24                              of s. 790.07(1) or (2).

25  790.16(1)          1st      Discharge of a machine gun under

26                              specified circumstances.

27  790.165(2)         2nd      Manufacture, sell, possess, or

28                              deliver hoax bomb.

29  

30  

31  

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 1  790.165(3)         2nd      Possessing, displaying, or

 2                              threatening to use any hoax bomb

 3                              while committing or attempting to

 4                              commit a felony.

 5  790.166(3)         2nd      Possessing, selling, using, or

 6                              attempting to use a hoax weapon

 7                              of mass destruction.

 8  790.166(4)         2nd      Possessing, displaying, or

 9                              threatening to use a hoax weapon

10                              of mass destruction while

11                              committing or attempting to

12                              commit a felony.

13  796.03             2nd      Procuring any person under 16

14                              years for prostitution.

15  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;

16                              victim less than 12 years of age;

17                              offender less than 18 years.

18  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;

19                              victim 12 years of age or older

20                              but less than 16 years; offender

21                              18 years or older.

22  806.01(2)          2nd      Maliciously damage structure by

23                              fire or explosive.

24  810.02(3)(a)       2nd      Burglary of occupied dwelling;

25                              unarmed; no assault or battery.

26  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

27                              unarmed; no assault or battery.

28  810.02(3)(d)       2nd      Burglary of occupied conveyance;

29                              unarmed; no assault or battery.

30  

31  

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 1  812.014(2)(a)1.    1st      Property stolen, valued at

 2                              $100,000 or more; property stolen

 3                              while causing other property

 4                              damage; 1st degree grand theft.

 5  812.014(2)(b)2.    2nd      Property stolen, cargo valued at

 6                              less than $50,000, grand theft in

 7                              2nd degree.

 8  812.014(2)(b)3.    2nd      Property stolen, emergency

 9                              medical equipment; 2nd degree

10                              grand theft.

11  812.0145(2)(a)     1st      Theft from person 65 years of age

12                              or older; $50,000 or more.

13  812.019(2)         1st      Stolen property; initiates,

14                              organizes, plans, etc., the theft

15                              of property and traffics in

16                              stolen property.

17  812.131(2)(a)      2nd      Robbery by sudden snatching.

18  812.133(2)(b)      1st      Carjacking; no firearm, deadly

19                              weapon, or other weapon.

20  817.234(8)(a)      2nd      Solicitation of motor vehicle

21                              accident victims with intent to

22                              defraud.

23  817.234(9)         2nd      Organizing, planning, or

24                              participating in an intentional

25                              motor vehicle collision.

26  817.234(11)(c)     1st      Insurance fraud; property value

27                              $100,000 or more.

28  

29  

30  

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 1  817.2341(2)(b)&

 2   (3)(b)            1st      Making false entries of material

 3                              fact or false statements

 4                              regarding property values

 5                              relating to the solvency of an

 6                              insuring entity which are a

 7                              significant cause of the

 8                              insolvency of that entity.

 9  825.102(3)(b)      2nd      Neglecting an elderly person or

10                              disabled adult causing great

11                              bodily harm, disability, or

12                              disfigurement.

13  825.103(2)(b)      2nd      Exploiting an elderly person or

14                              disabled adult and property is

15                              valued at $20,000 or more, but

16                              less than $100,000.

17  827.03(3)(b)       2nd      Neglect of a child causing great

18                              bodily harm, disability, or

19                              disfigurement.

20  827.04(3)          3rd      Impregnation of a child under 16

21                              years of age by person 21 years

22                              of age or older.

23  837.05(2)          3rd      Giving false information about

24                              alleged capital felony to a law

25                              enforcement officer.

26  838.015            2nd      Bribery.

27  838.016            2nd      Unlawful compensation or reward

28                              for official behavior.

29  838.021(3)(a)      2nd      Unlawful harm to a public

30                              servant.

31  838.22             2nd      Bid tampering.

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 1  847.0135(3)        3rd      Solicitation of a child, via a

 2                              computer service, to commit an

 3                              unlawful sex act.

 4  872.06             2nd      Abuse of a dead human body.

 5  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

 6                              cocaine (or other drug prohibited

 7                              under s. 893.03(1)(a), (1)(b),

 8                              (1)(d), (2)(a), (2)(b), or

 9                              (2)(c)4.) within 1,000 feet of a

10                              child care facility, school, or

11                              state, county, or municipal park

12                              or publicly owned recreational

13                              facility or community center.

14  893.13(1)(e)1.     1st      Sell, manufacture, or deliver

15                              cocaine or other drug prohibited

16                              under s. 893.03(1)(a), (1)(b),

17                              (1)(d), (2)(a), (2)(b), or

18                              (2)(c)4., within 1,000 feet of

19                              property used for religious

20                              services or a specified business

21                              site.

22  893.13(4)(a)       1st      Deliver to minor cocaine (or

23                              other s. 893.03(1)(a), (1)(b),

24                              (1)(d), (2)(a), (2)(b), or

25                              (2)(c)4. drugs).

26  893.135(1)(a)1.    1st      Trafficking in cannabis, more

27                              than 25 lbs., less than 2,000

28                              lbs.

29  893.135

30   (1)(b)1.a.        1st      Trafficking in cocaine, more than

31                              28 grams, less than 200 grams.

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    Florida Senate - 2006                                  SB 1288
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 1  893.135

 2   (1)(c)1.a.        1st      Trafficking in illegal drugs,

 3                              more than 4 grams, less than 14

 4                              grams.

 5  893.135

 6   (1)(d)1.          1st      Trafficking in phencyclidine,

 7                              more than 28 grams, less than 200

 8                              grams.

 9  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

10                              than 200 grams, less than 5

11                              kilograms.

12  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

13                              than 14 grams, less than 28

14                              grams.

15  893.135

16   (1)(g)1.a.        1st      Trafficking in flunitrazepam, 4

17                              grams or more, less than 14

18                              grams.

19  893.135

20   (1)(h)1.a.        1st      Trafficking in

21                              gamma-hydroxybutyric acid (GHB),

22                              1 kilogram or more, less than 5

23                              kilograms.

24  893.135

25   (1)(j)1.a.        1st      Trafficking in 1,4-Butanediol, 1

26                              kilogram or more, less than 5

27                              kilograms.

28  893.135

29   (1)(k)2.a.        1st      Trafficking in Phenethylamines,

30                              10 grams or more, less than 200

31                              grams.

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 1  896.101(5)(a)      3rd      Money laundering, financial

 2                              transactions exceeding $300 but

 3                              less than $20,000.

 4  896.104(4)(a)1.    3rd      Structuring transactions to evade

 5                              reporting or registration

 6                              requirements, financial

 7                              transactions exceeding $300 but

 8                              less than $20,000.

 9  943.0435(4)(c)     2nd      Sexual offender vacating

10                              permanent residence; failure to

11                              comply with reporting

12                              requirements.

13  943.0435(8)        2nd      Sexual offender; remains in state

14                              after indicating intent to leave;

15                              failure to comply with reporting

16                              requirements.

17  943.0435(9)(a)     3rd      Sexual offender; failure to

18                              comply with reporting

19                              requirements.

20  943.0435(13)       3rd      Failure to report or providing

21                              false information about a sexual

22                              offender; harbor or conceal a

23                              sexual offender.

24  943.0435(14)       3rd      Sexual offender; failure to

25                              report and reregister; failure to

26                              respond to address verification.

27  944.607(9)         3rd      Sexual offender; failure to

28                              comply with reporting

29                              requirements.

30  

31  

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 1  944.607(10)(a)     3rd      Sexual offender; failure to

 2                              submit to the taking of a

 3                              digitized photograph.

 4  944.607(12)        3rd      Failure to report or providing

 5                              false information about a sexual

 6                              offender; harbor or conceal a

 7                              sexual offender.

 8  944.607(13)        3rd      Sexual offender; failure to

 9                              report and reregister; failure to

10                              respond to address verification.

11         Section 3.  This act shall take effect July 1, 2006.

12  

13            *****************************************

14                          SENATE SUMMARY

15    Provides that the family of the person who is a victim of
      the offense of stalking is also protected from the
16    offense of stalking. Increases the classification of the
      offense of stalking from a misdemeanor of the first
17    degree to a felony of the third degree. Increases the
      classification of the offense of aggravated stalking from
18    a felony of the third degree to a felony of the second
      degree. Requires a court to issue an injunction for
19    protection against domestic violence if a person commits
      the offense of stalking or the offense of aggravated
20    stalking. Requires the court to make compliance with the
      injunction a condition of probation. Provides that an
21    injunction entered as part of a plea agreement is as
      definitive and binding as any other injunction for
22    protection. Provides that an injunction for protection
      against domestic violence may be enforced by the state or
23    by a person named in the injunction. Requires the
      defendant to pay the costs and the victim's attorney's
24    fees incurred by the person in order to enforce the
      injunction.
25  

26  

27  

28  

29  

30  

31  

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