Senate Bill sb0730c1

    Florida Senate - 2006                            CS for SB 730

    By the Committee on Criminal Justice; and Senator Lynn





    591-1720-06

  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.; limiting the provision that exempts

  5         certain members of an offender's family from

  6         being charged with the offense of acting as an

  7         accessory after the fact to circumstances

  8         involving third-degree felony offenses;

  9         specifying additional actions that constitute

10         being an accessory after the fact, for which

11         penalties are provided; providing an effective

12         date.

13  

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

15  

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

17  Gucwa Act."

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

19  Statutes, is amended to read:

20         777.03  Accessory after the fact.--

21         (1)(a)  Any person not standing in the relation of

22  husband or wife, parent or grandparent, child or grandchild,

23  brother or sister, by consanguinity or affinity to the

24  offender, who maintains or assists the principal or an

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

26  aid, knowing that the offender had committed a crime and such

27  crime was a third-degree felony, or had been an accessory

28  thereto before the fact, with the intent that the offender

29  avoids or escapes detection, arrest, trial or punishment, is

30  an accessory after the fact.

31  

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






    Florida Senate - 2006                            CS for SB 730
    591-1720-06




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

 2  offender, who maintains or assists the principal or accessory

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

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

 5  neglect of a child, aggravated child abuse, aggravated

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

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

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

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

10  accessory after the fact unless the court finds that the

11  person is a victim of domestic violence.

12         (c)  Any person who maintains or assists the principal

13  or an accessory before the fact, or gives the offender any

14  other aid, knowing that the offender had committed a crime and

15  such crime was a capital, life, first-degree, or second-degree

16  felony, or had been an accessory thereto before the fact, with

17  the intent that the offender avoids or escapes detection,

18  arrest, trial, or punishment, is an accessory after the fact.

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

20  law.

21  

22          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
23                         Senate Bill 730

24                                 

25  The felonies classified as "capital" and "life" felonies were
    included, along with first and second degree felonies, as
26  felonies which will no longer be covered by the familial
    exemption from prosecution for accessory after the fact under
27  s. 777.03, F.S.

28  

29  

30  

31  

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