HB 981

1	A bill to be entitled
2	An act relating to criminal sentencing; amending s.
3	775.0823, F.S.; providing that adjudication of guilt or
4	imposition of sentence may not be suspended, deferred, or
5	withheld for an attempted felony murder committed against
6	a law enforcement officer, correctional officer, state
7	attorney, assistant state attorney, justice, or judge;
8	amending s. 921.0024, F.S., relating to the worksheet for
9	the Criminal Punishment Code; providing for computing
10	sentence points if the primary offense is a violation of
11	s. 775.0823, F.S.; amending s. 947.146, F.S., relating to
12	inmates who are ineligible for control release; conforming
13	cross-references to changes made by the act; providing an
14	effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  Section 775.0823, Florida Statutes, is amended
19	to read:
20	775.0823  Violent offenses committed against law
21	enforcement officers, correctional officers, state attorneys,
22	assistant state attorneys, justices, or judges.--The Legislature
23	does hereby provide for an increase and certainty of penalty for
24	any person convicted of a violent offense against any law
25	enforcement or correctional officer, as defined in s. 943.10(1),
26	(2), (3), (6), (7), (8), or (9); against any state attorney
27	elected pursuant to s. 27.01 or assistant state attorney
28	appointed under s. 27.181; or against any justice or judge of a
29	court described in Art. V of the State Constitution, which
30	offense arises out of or in the scope of the officer's duty as a
31	law enforcement or correctional officer, the state attorney's or
32	assistant state attorney's duty as a prosecutor or investigator,
33	or the justice's or judge's duty as a judicial officer, as
34	follows:
35	(1)  For murder in the first degree as described in s.
36	782.04(1), if the death sentence is not imposed, a sentence of
37	imprisonment for life without eligibility for release.
38	(2)  For attempted murder in the first degree as described
39	in s. 782.04(1), a sentence pursuant to s. 775.082, s. 775.083,
40	or s. 775.084.
41	(3)  For attempted felony murder as described in s.
42	782.051(1), (2), or (3), a sentence pursuant to s. 775.082, s.
43	775.083, or s. 775.084.
44	(4)(3)  For murder in the second degree as described in s.
45	782.04(2) and (3), a sentence pursuant to s. 775.082, s.
46	775.083, or s. 775.084.
47	(5)(4)  For attempted murder in the second degree as
48	described in s. 782.04(2) and (3), a sentence pursuant to s.
49	775.082, s. 775.083, or s. 775.084.
50	(6)(5)  For murder in the third degree as described in s.
51	782.04(4), a sentence pursuant to s. 775.082, s. 775.083, or s.
52	775.084.
53	(7)(6)  For attempted murder in the third degree as
54	described in s. 782.04(4), a sentence pursuant to s. 775.082, s.
55	775.083, or s. 775.084.
56	(8)(7)  For manslaughter as described in s. 782.07 during
57	the commission of a crime, a sentence pursuant to s. 775.082, s.
58	775.083, or s. 775.084.
59	(9)(8)  For kidnapping as described in s. 787.01, a
60	sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
61	(10)(9)  For aggravated battery as described in s. 784.045,
62	a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
63	(11)(10)  For aggravated assault as described in s.
64	784.021, a sentence pursuant to s. 775.082, s. 775.083, or s.
65	775.084.
66
67	Notwithstanding the provisions of s. 948.01, with respect to any
68	person who is found to have violated this section, adjudication
69	of guilt or imposition of sentence shall not be suspended,
70	deferred, or withheld.
71	Section 2.  Paragraph (b) of subsection (1) of section
72	921.0024, Florida Statutes, is amended to read:
73	921.0024  Criminal Punishment Code; worksheet computations;
74	scoresheets.--
75	(1)
76	(b)  WORKSHEET KEY:
77
78	Legal status points are assessed when any form of legal status
79	existed at the time the offender committed an offense before the
80	court for sentencing. Four (4) sentence points are assessed for
81	an offender's legal status.
82
83	Community sanction violation points are assessed when a
84	community sanction violation is before the court for sentencing.
85	Six (6) sentence points are assessed for each community sanction
86	violation, and each successive community sanction violation;
87	however, if the community sanction violation includes a new
88	felony conviction before the sentencing court, twelve (12)
89	community sanction violation points are assessed for such
90	violation, and for each successive community sanction violation
91	involving a new felony conviction. Multiple counts of community
92	sanction violations before the sentencing court shall not be a
93	basis for multiplying the assessment of community sanction
94	violation points.
95
96	Prior serious felony points: If the offender has a primary
97	offense or any additional offense ranked in level 8, level 9, or
98	level 10, and one or more prior serious felonies, a single
99	assessment of 30 points shall be added. For purposes of this
100	section, a prior serious felony is an offense in the offender's
101	prior record that is ranked in level 8, level 9, or level 10
102	under s. 921.0022 or s. 921.0023 and for which the offender is
103	serving a sentence of confinement, supervision, or other
104	sanction or for which the offender's date of release from
105	confinement, supervision, or other sanction, whichever is later,
106	is within 3 years before the date the primary offense or any
107	additional offense was committed.
108
109	Prior capital felony points:  If the offender has one or more
110	prior capital felonies in the offender's criminal record, points
111	shall be added to the subtotal sentence points of the offender
112	equal to twice the number of points the offender receives for
113	the primary offense and any additional offense. A prior capital
114	felony in the offender's criminal record is a previous capital
115	felony offense for which the offender has entered a plea of nolo
116	contendere or guilty or has been found guilty; or a felony in
117	another jurisdiction which is a capital felony in that
118	jurisdiction, or would be a capital felony if the offense were
119	committed in this state.
120
121	Possession of a firearm, semiautomatic firearm, or machine gun:
122	If the offender is convicted of committing or attempting to
123	commit any felony other than those enumerated in s. 775.087(2)
124	while having in his or her possession: a firearm as defined in
125	s. 790.001(6), an additional 18 sentence points are assessed; or
126	if the offender is convicted of committing or attempting to
127	commit any felony other than those enumerated in s. 775.087(3)
128	while having in his or her possession a semiautomatic firearm as
129	defined in s. 775.087(3) or a machine gun as defined in s.
130	790.001(9), an additional 25 sentence points are assessed.
131
132	Sentencing multipliers:
133
134	Drug trafficking: If the primary offense is drug trafficking
135	under s. 893.135, the subtotal sentence points are multiplied,
136	at the discretion of the court, for a level 7 or level 8
137	offense, by 1.5. The state attorney may move the sentencing
138	court to reduce or suspend the sentence of a person convicted of
139	a level 7 or level 8 offense, if the offender provides
140	substantial assistance as described in s. 893.135(4).
141
142	Law enforcement protection: If the primary offense is a
143	violation of the Law Enforcement Protection Act under s.
144	775.0823(2), (3), or (4), the subtotal sentence points are
145	multiplied by 2.5. If the primary offense is a violation of s.
146	775.0823(3), (4), (5), (6), (7), or (8), or (9), the subtotal
147	sentence points are multiplied by 2.0. If the primary offense is
148	a violation of s. 784.07(3) or s. 775.0875(1), or of the Law
149	Enforcement Protection Act under s. 775.0823(9) or (10) or (11),
150	the subtotal sentence points are multiplied by 1.5.
151
152	Grand theft of a motor vehicle: If the primary offense is grand
153	theft of the third degree involving a motor vehicle and in the
154	offender's prior record, there are three or more grand thefts of
155	the third degree involving a motor vehicle, the subtotal
156	sentence points are multiplied by 1.5.
157
158	Offense related to a criminal street gang: If the offender is
159	convicted of the primary offense and committed that offense for
160	the purpose of benefiting, promoting, or furthering the
161	interests of a criminal street gang as prohibited under s.
162	874.04, the subtotal sentence points are multiplied by 1.5.
163
164	Domestic violence in the presence of a child: If the offender is
165	convicted of the primary offense and the primary offense is a
166	crime of domestic violence, as defined in s. 741.28, which was
167	committed in the presence of a child under 16 years of age who
168	is a family or household member as defined in s. 741.28(3) with
169	the victim or perpetrator, the subtotal sentence points are
170	multiplied by 1.5.
171	Section 3.  Subsection (3) of section 947.146, Florida
172	Statutes, is amended to read:
173	947.146  Control Release Authority.--
174	(3)  Within 120 days prior to the date the state
175	correctional system is projected pursuant to s. 216.136 to
176	exceed 99 percent of total capacity, the authority shall
177	determine eligibility for and establish a control release date
178	for an appropriate number of parole ineligible inmates committed
179	to the department and incarcerated within the state who have
180	been determined by the authority to be eligible for
181	discretionary early release pursuant to this section. In
182	establishing control release dates, it is the intent of the
183	Legislature that the authority prioritize consideration of
184	eligible inmates closest to their tentative release date. The
185	authority shall rely upon commitment data on the offender
186	information system maintained by the department to initially
187	identify inmates who are to be reviewed for control release
188	consideration. The authority may use a method of objective risk
189	assessment in determining if an eligible inmate should be
190	released. Such assessment shall be a part of the department's
191	management information system. However, the authority shall have
192	sole responsibility for determining control release eligibility,
193	establishing a control release date, and effectuating the
194	release of a sufficient number of inmates to maintain the inmate
195	population between 99 percent and 100 percent of total capacity.
196	Inmates who are ineligible for control release are inmates who
197	are parole eligible or inmates who:
198	(a)  Are serving a sentence that includes a mandatory
199	minimum provision for a capital offense or drug trafficking
200	offense and have not served the number of days equal to the
201	mandatory minimum term less any jail-time credit awarded by the
202	court;
203	(b)  Are serving the mandatory minimum portion of a
204	sentence enhanced under s. 775.087(2) or (3), or s. 784.07(3);
205	(c)  Are convicted, or have been previously convicted, of
206	committing or attempting to commit sexual battery, incest, or
207	any of the following lewd or indecent assaults or acts:
208	masturbating in public; exposing the sexual organs in a
209	perverted manner; or nonconsensual handling or fondling of the
210	sexual organs of another person;
211	(d)  Are convicted, or have been previously convicted, of
212	committing or attempting to commit assault, aggravated assault,
213	battery, or aggravated battery, and a sex act was attempted or
214	completed during commission of such offense;
215	(e)  Are convicted, or have been previously convicted, of
216	committing or attempting to commit kidnapping, burglary, or
217	murder, and the offense was committed with the intent to commit
218	sexual battery or a sex act was attempted or completed during
219	commission of the offense;
220	(f)  Are convicted, or have been previously convicted, of
221	committing or attempting to commit false imprisonment upon a
222	child under the age of 13 and, in the course of committing the
223	offense, the inmate committed aggravated child abuse, sexual
224	battery against the child, or a lewd or lascivious offense
225	committed upon or in the presence of a person less than 16 years
226	of age;
227	(g)  Are sentenced, have previously been sentenced, or have
228	been sentenced at any time under s. 775.084, or have been
229	sentenced at any time in another jurisdiction as a habitual
230	offender;
231	(h)  Are convicted, or have been previously convicted, of
232	committing or attempting to commit assault, aggravated assault,
233	battery, aggravated battery, kidnapping, manslaughter, or murder
234	against an officer as defined in s. 943.10(1), (2), (3), (6),
235	(7), (8), or (9); against a state attorney or assistant state
236	attorney; or against a justice or judge of a court described in
237	Art. V of the State Constitution; or against an officer, judge,
238	or state attorney employed in a comparable position by any other
239	jurisdiction; or
240	(i)  Are convicted, or have been previously convicted, of
241	committing or attempting to commit murder in the first, second,
242	or third degree under s. 782.04(1), (2), (3), or (4), or have
243	ever been convicted of any degree of murder or attempted murder
244	in another jurisdiction;
245	(j)  Are convicted, or have been previously convicted, of
246	DUI manslaughter under s. 316.193(3)(c)3., and are sentenced, or
247	have been sentenced at any time, as a habitual offender for such
248	offense, or have been sentenced at any time in another
249	jurisdiction as a habitual offender for such offense;
250	(k)1.  Are serving a sentence for an offense committed on
251	or after January 1, 1994, for a violation of the Law Enforcement
252	Protection Act under s. 775.0823(2), (3), (4), or (5), or (6),
253	and the subtotal of the offender's sentence points is multiplied
254	pursuant to former s. 921.0014 or s. 921.0024;
255	2.  Are serving a sentence for an offense committed on or
256	after October 1, 1995, for a violation of the Law Enforcement
257	Protection Act under s. 775.0823(2), (3), (4), (5), (6), (7), or
258	(8), or (9), and the subtotal of the offender's sentence points
259	is multiplied pursuant to former s. 921.0014 or s. 921.0024;
260	(l)  Are serving a sentence for an offense committed on or
261	after January 1, 1994, for possession of a firearm,
262	semiautomatic firearm, or machine gun in which additional points
263	are added to the subtotal of the offender's sentence points
264	pursuant to former s. 921.0014 or s. 921.0024; or
265	(m)  Are convicted, or have been previously convicted, of
266	committing or attempting to commit manslaughter, kidnapping,
267	robbery, carjacking, home-invasion robbery, or a burglary under
268	s. 810.02(2).
269
270	In making control release eligibility determinations under this
271	subsection, the authority may rely on any document leading to or
272	generated during the course of the criminal proceedings,
273	including, but not limited to, any presentence or postsentence
274	investigation or any information contained in arrest reports
275	relating to circumstances of the offense.
276	Section 4.  This act shall take effect October 1, 2006.

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