HB 409

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.  Subsections (3) through (10) of section
19	775.0823, Florida Statutes, are renumbered as subsections (4)
20	through (11), respectively, and a new subsection (3) is added to
21	that section to read:
22	775.0823  Violent offenses committed against law
23	enforcement officers, correctional officers, state attorneys,
24	assistant state attorneys, justices, or judges.--The Legislature
25	does hereby provide for an increase and certainty of penalty for
26	any person convicted of a violent offense against any law
27	enforcement or correctional officer, as defined in s. 943.10(1),
28	(2), (3), (6), (7), (8), or (9); against any state attorney
29	elected pursuant to s. 27.01 or assistant state attorney
30	appointed under s. 27.181; or against any justice or judge of a
31	court described in Art. V of the State Constitution, which
32	offense arises out of or in the scope of the officer's duty as a
33	law enforcement or correctional officer, the state attorney's or
34	assistant state attorney's duty as a prosecutor or investigator,
35	or the justice's or judge's duty as a judicial officer, as
36	follows:
37	(3)  For attempted felony murder as described in s.
38	782.051, a sentence pursuant to s. 775.082, s. 775.083, or s.
39	775.084.
40
41	Notwithstanding the provisions of s. 948.01, with respect to any
42	person who is found to have violated this section, adjudication
43	of guilt or imposition of sentence shall not be suspended,
44	deferred, or withheld.
45	Section 2.  Paragraph (b) of subsection (1) of section
46	921.0024, Florida Statutes, is amended to read:
47	921.0024  Criminal Punishment Code; worksheet computations;
48	scoresheets.--
49	(1)
50	(b)  WORKSHEET KEY:
51
52	Legal status points are assessed when any form of legal status
53	existed at the time the offender committed an offense before the
54	court for sentencing. Four (4) sentence points are assessed for
55	an offender's legal status.
56
57	Community sanction violation points are assessed when a
58	community sanction violation is before the court for sentencing.
59	Six (6) sentence points are assessed for each community sanction
60	violation, and each successive community sanction violation;
61	however, if the community sanction violation includes a new
62	felony conviction before the sentencing court, twelve (12)
63	community sanction violation points are assessed for such
64	violation, and for each successive community sanction violation
65	involving a new felony conviction. Multiple counts of community
66	sanction violations before the sentencing court shall not be a
67	basis for multiplying the assessment of community sanction
68	violation points.
69
70	Prior serious felony points: If the offender has a primary
71	offense or any additional offense ranked in level 8, level 9, or
72	level 10, and one or more prior serious felonies, a single
73	assessment of 30 points shall be added. For purposes of this
74	section, a prior serious felony is an offense in the offender's
75	prior record that is ranked in level 8, level 9, or level 10
76	under s. 921.0022 or s. 921.0023 and for which the offender is
77	serving a sentence of confinement, supervision, or other
78	sanction or for which the offender's date of release from
79	confinement, supervision, or other sanction, whichever is later,
80	is within 3 years before the date the primary offense or any
81	additional offense was committed.
82
83	Prior capital felony points: If the offender has one or more
84	prior capital felonies in the offender's criminal record, points
85	shall be added to the subtotal sentence points of the offender
86	equal to twice the number of points the offender receives for
87	the primary offense and any additional offense. A prior capital
88	felony in the offender's criminal record is a previous capital
89	felony offense for which the offender has entered a plea of nolo
90	contendere or guilty or has been found guilty; or a felony in
91	another jurisdiction which is a capital felony in that
92	jurisdiction, or would be a capital felony if the offense were
93	committed in this state.
94
95	Possession of a firearm, semiautomatic firearm, or machine gun:
96	If the offender is convicted of committing or attempting to
97	commit any felony other than those enumerated in s. 775.087(2)
98	while having in his or her possession: a firearm as defined in
99	s. 790.001(6), an additional 18 sentence points are assessed; or
100	if the offender is convicted of committing or attempting to
101	commit any felony other than those enumerated in s. 775.087(3)
102	while having in his or her possession a semiautomatic firearm as
103	defined in s. 775.087(3) or a machine gun as defined in s.
104	790.001(9), an additional 25 sentence points are assessed.
105
106	Sentencing multipliers:
107
108	Drug trafficking: If the primary offense is drug trafficking
109	under s. 893.135, the subtotal sentence points are multiplied,
110	at the discretion of the court, for a level 7 or level 8
111	offense, by 1.5. The state attorney may move the sentencing
112	court to reduce or suspend the sentence of a person convicted of
113	a level 7 or level 8 offense, if the offender provides
114	substantial assistance as described in s. 893.135(4).
115
116	Law enforcement protection: If the primary offense is a
117	violation of the Law Enforcement Protection Act under s.
118	775.0823(2), (3), or (4), the subtotal sentence points are
119	multiplied by 2.5. If the primary offense is a violation of s.
120	775.0823(3), (4), (5), (6), (7), or (8), or (9), the subtotal
121	sentence points are multiplied by 2.0. If the primary offense is
122	a violation of s. 784.07(3) or s. 775.0875(1), or of the Law
123	Enforcement Protection Act under s. 775.0823(9) or (10) or (11),
124	the subtotal sentence points are multiplied by 1.5.
125
126	Grand theft of a motor vehicle: If the primary offense is grand
127	theft of the third degree involving a motor vehicle and in the
128	offender's prior record, there are three or more grand thefts of
129	the third degree involving a motor vehicle, the subtotal
130	sentence points are multiplied by 1.5.
131
132	Offense related to a criminal street gang: If the offender is
133	convicted of the primary offense and committed that offense for
134	the purpose of benefiting, promoting, or furthering the
135	interests of a criminal street gang as prohibited under s.
136	874.04, the subtotal sentence points are multiplied by 1.5.
137
138	Domestic violence in the presence of a child: If the offender is
139	convicted of the primary offense and the primary offense is a
140	crime of domestic violence, as defined in s. 741.28, which was
141	committed in the presence of a child under 16 years of age who
142	is a family or household member as defined in s. 741.28(3) with
143	the victim or perpetrator, the subtotal sentence points are
144	multiplied by 1.5.
145	Section 3.  Paragraph (k) of subsection (3) of section
146	947.146, Florida Statutes, is amended to read:
147	947.146  Control Release Authority.--
148	(3)  Within 120 days prior to the date the state
149	correctional system is projected pursuant to s. 216.136 to
150	exceed 99 percent of total capacity, the authority shall
151	determine eligibility for and establish a control release date
152	for an appropriate number of parole ineligible inmates committed
153	to the department and incarcerated within the state who have
154	been determined by the authority to be eligible for
155	discretionary early release pursuant to this section. In
156	establishing control release dates, it is the intent of the
157	Legislature that the authority prioritize consideration of
158	eligible inmates closest to their tentative release date. The
159	authority shall rely upon commitment data on the offender
160	information system maintained by the department to initially
161	identify inmates who are to be reviewed for control release
162	consideration. The authority may use a method of objective risk
163	assessment in determining if an eligible inmate should be
164	released. Such assessment shall be a part of the department's
165	management information system. However, the authority shall have
166	sole responsibility for determining control release eligibility,
167	establishing a control release date, and effectuating the
168	release of a sufficient number of inmates to maintain the inmate
169	population between 99 percent and 100 percent of total capacity.
170	Inmates who are ineligible for control release are inmates who
171	are parole eligible or inmates who:
172	(k)1.  Are serving a sentence for an offense committed on
173	or after January 1, 1994, for a violation of the Law Enforcement
174	Protection Act under s. 775.0823(2), (3), (4), or (5), or (6),
175	and the subtotal of the offender's sentence points is multiplied
176	pursuant to former s. 921.0014 or s. 921.0024;
177	2.  Are serving a sentence for an offense committed on or
178	after October 1, 1995, for a violation of the Law Enforcement
179	Protection Act under s. 775.0823(2), (3), (4), (5), (6), (7), or
180	(8), or (9), and the subtotal of the offender's sentence points
181	is multiplied pursuant to former s. 921.0014 or s. 921.0024;
182
183	In making control release eligibility determinations under this
184	subsection, the authority may rely on any document leading to or
185	generated during the course of the criminal proceedings,
186	including, but not limited to, any presentence or postsentence
187	investigation or any information contained in arrest reports
188	relating to circumstances of the offense.
189	Section 4.  This act shall take effect October 1, 2007.

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