HB 0367CS

CHAMBER ACTION




1The Criminal Justice Appropriations Committee recommends the
2following:
3
4     Council/Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to accessories to a crime; providing a
8short title; amending s. 777.03, F.S.; limiting the
9provision that exempts certain members of an offender's
10family from being charged with the offense of acting as an
11accessory after the fact to circumstances involving third
12degree felony offenses; specifying additional actions that
13constitute being an accessory after the fact, for which
14penalties are provided; providing an effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  This act may be cited as the "Jason A. Gucwa
19Act."
20     Section 2.  Subsection (1) of section 777.03, Florida
21Statutes, is amended to read:
22     777.03  Accessory after the fact.--
23     (1)(a)  Any person not standing in the relation of husband
24or wife, parent or grandparent, child or grandchild, brother or
25sister, by consanguinity or affinity to the offender, who
26maintains or assists the principal or an accessory before the
27fact, or gives the offender any other aid, knowing that the
28offender had committed a crime and such crime was a third degree
29felony, or had been an accessory thereto before the fact, with
30the intent that the offender avoids or escapes detection,
31arrest, trial or punishment, is an accessory after the fact.
32     (b)  Any person, regardless of the relation to the
33offender, who maintains or assists the principal or accessory
34before the fact, or gives the offender any other aid, knowing
35that the offender had committed the offense of child abuse,
36neglect of a child, aggravated child abuse, aggravated
37manslaughter of a child under 18 years of age, or murder of a
38child under 18 years of age, or had been an accessory thereto
39before the fact, with the intent that the offender avoids or
40escapes detection, arrest, trial, or punishment, is an accessory
41after the fact unless the court finds that the person is a
42victim of domestic violence.
43     (c)  Any person who maintains or assists the principal or
44an accessory before the fact, or gives the offender any other
45aid, knowing that the offender had committed a crime and such
46crime was a capital, life, or first or second degree felony, or
47had been an accessory thereto before the fact, with the intent
48that the offender avoids or escapes detection, arrest, trial, or
49punishment, is an accessory after the fact.
50     Section 3.  This act shall take effect upon becoming a law.


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