Senate Bill sb0566
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Florida Senate - 2007 SB 566
By Senator Rich
34-620-07
1 A bill to be entitled
2 An act relating to criminal sentencing;
3 amending s. 775.0823, F.S.; providing that
4 adjudication of guilt or imposition of sentence
5 may not be suspended, deferred, or withheld for
6 an attempted felony murder committed against a
7 law enforcement officer, correctional officer,
8 state attorney, assistant state attorney,
9 justice, or judge; amending s. 921.0024, F.S.,
10 relating to the worksheet for the Criminal
11 Punishment Code; providing for computing
12 sentence points if the primary offense is a
13 violation of s. 775.0823, F.S.; amending s.
14 947.146, F.S., relating to inmates who are
15 ineligible for control release; conforming
16 cross-references to changes made by the act;
17 providing an effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
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21 Section 1. Section 775.0823, Florida Statutes, is
22 amended to read:
23 775.0823 Violent offenses committed against law
24 enforcement officers, correctional officers, state attorneys,
25 assistant state attorneys, justices, or judges.--The
26 Legislature does hereby provide for an increase and certainty
27 of penalty for any person convicted of a violent offense
28 against any law enforcement or correctional officer, as
29 defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9);
30 against any state attorney elected pursuant to s. 27.01 or
31 assistant state attorney appointed under s. 27.181; or against
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Florida Senate - 2007 SB 566
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1 any justice or judge of a court described in Art. V of the
2 State Constitution, which offense arises out of or in the
3 scope of the officer's duty as a law enforcement or
4 correctional officer, the state attorney's or assistant state
5 attorney's duty as a prosecutor or investigator, or the
6 justice's or judge's duty as a judicial officer, as follows:
7 (1) For murder in the first degree as described in s.
8 782.04(1), if the death sentence is not imposed, a sentence of
9 imprisonment for life without eligibility for release.
10 (2) For attempted murder in the first degree as
11 described in s. 782.04(1), a sentence pursuant to s. 775.082,
12 s. 775.083, or s. 775.084.
13 (3) For attempted felony murder as described in s.
14 782.051(1), (2), or (3), a sentence pursuant to s. 775.082, s.
15 775.083, or s. 775.084.
16 (4)(3) For murder in the second degree as described in
17 s. 782.04(2) and (3), a sentence pursuant to s. 775.082, s.
18 775.083, or s. 775.084.
19 (5)(4) For attempted murder in the second degree as
20 described in s. 782.04(2) and (3), a sentence pursuant to s.
21 775.082, s. 775.083, or s. 775.084.
22 (6)(5) For murder in the third degree as described in
23 s. 782.04(4), a sentence pursuant to s. 775.082, s. 775.083,
24 or s. 775.084.
25 (7)(6) For attempted murder in the third degree as
26 described in s. 782.04(4), a sentence pursuant to s. 775.082,
27 s. 775.083, or s. 775.084.
28 (8)(7) For manslaughter as described in s. 782.07
29 during the commission of a crime, a sentence pursuant to s.
30 775.082, s. 775.083, or s. 775.084.
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1 (9)(8) For kidnapping as described in s. 787.01, a
2 sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
3 (10)(9) For aggravated battery as described in s.
4 784.045, a sentence pursuant to s. 775.082, s. 775.083, or s.
5 775.084.
6 (11)(10) For aggravated assault as described in s.
7 784.021, a sentence pursuant to s. 775.082, s. 775.083, or s.
8 775.084.
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10 Notwithstanding the provisions of s. 948.01, with respect to
11 any person who is found to have violated this section,
12 adjudication of guilt or imposition of sentence shall not be
13 suspended, deferred, or withheld.
14 Section 2. Paragraph (b) of subsection (1) of section
15 921.0024, Florida Statutes, is amended to read:
16 921.0024 Criminal Punishment Code; worksheet
17 computations; scoresheets.--
18 (1)
19 (b) WORKSHEET KEY:
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21 Legal status points are assessed when any form of legal status
22 existed at the time the offender committed an offense before
23 the court for sentencing. Four (4) sentence points are
24 assessed for an offender's legal status.
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26 Community sanction violation points are assessed when a
27 community sanction violation is before the court for
28 sentencing. Six (6) sentence points are assessed for each
29 community sanction violation, and each successive community
30 sanction violation; however, if the community sanction
31 violation includes a new felony conviction before the
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1 sentencing court, twelve (12) community sanction violation
2 points are assessed for such violation, and for each
3 successive community sanction violation involving a new felony
4 conviction. Multiple counts of community sanction violations
5 before the sentencing court shall not be a basis for
6 multiplying the assessment of community sanction violation
7 points.
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9 Prior serious felony points: If the offender has a primary
10 offense or any additional offense ranked in level 8, level 9,
11 or level 10, and one or more prior serious felonies, a single
12 assessment of 30 points shall be added. For purposes of this
13 section, a prior serious felony is an offense in the
14 offender's prior record that is ranked in level 8, level 9, or
15 level 10 under s. 921.0022 or s. 921.0023 and for which the
16 offender is serving a sentence of confinement, supervision, or
17 other sanction or for which the offender's date of release
18 from confinement, supervision, or other sanction, whichever is
19 later, is within 3 years before the date the primary offense
20 or any additional offense was committed.
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22 Prior capital felony points: If the offender has one or more
23 prior capital felonies in the offender's criminal record,
24 points shall be added to the subtotal sentence points of the
25 offender equal to twice the number of points the offender
26 receives for the primary offense and any additional offense. A
27 prior capital felony in the offender's criminal record is a
28 previous capital felony offense for which the offender has
29 entered a plea of nolo contendere or guilty or has been found
30 guilty; or a felony in another jurisdiction which is a capital
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1 felony in that jurisdiction, or would be a capital felony if
2 the offense were committed in this state.
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4 Possession of a firearm, semiautomatic firearm, or machine
5 gun: If the offender is convicted of committing or attempting
6 to commit any felony other than those enumerated in s.
7 775.087(2) while having in his or her possession: a firearm as
8 defined in s. 790.001(6), an additional 18 sentence points are
9 assessed; or if the offender is convicted of committing or
10 attempting to commit any felony other than those enumerated in
11 s. 775.087(3) while having in his or her possession a
12 semiautomatic firearm as defined in s. 775.087(3) or a machine
13 gun as defined in s. 790.001(9), an additional 25 sentence
14 points are assessed.
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16 Sentencing multipliers:
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18 Drug trafficking: If the primary offense is drug trafficking
19 under s. 893.135, the subtotal sentence points are multiplied,
20 at the discretion of the court, for a level 7 or level 8
21 offense, by 1.5. The state attorney may move the sentencing
22 court to reduce or suspend the sentence of a person convicted
23 of a level 7 or level 8 offense, if the offender provides
24 substantial assistance as described in s. 893.135(4).
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26 Law enforcement protection: If the primary offense is a
27 violation of the Law Enforcement Protection Act under s.
28 775.0823(2), (3), or (4), the subtotal sentence points are
29 multiplied by 2.5. If the primary offense is a violation of
30 s. 775.0823(3), (4), (5), (6), (7), or (8), or (9), the
31 subtotal sentence points are multiplied by 2.0. If the primary
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1 offense is a violation of s. 784.07(3) or s. 775.0875(1), or
2 of the Law Enforcement Protection Act under s. 775.0823(9) or
3 (10) or (11), the subtotal sentence points are multiplied by
4 1.5.
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6 Grand theft of a motor vehicle: If the primary offense is
7 grand theft of the third degree involving a motor vehicle and
8 in the offender's prior record, there are three or more grand
9 thefts of the third degree involving a motor vehicle, the
10 subtotal sentence points are multiplied by 1.5.
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12 Offense related to a criminal street gang: If the offender is
13 convicted of the primary offense and committed that offense
14 for the purpose of benefiting, promoting, or furthering the
15 interests of a criminal street gang as prohibited under s.
16 874.04, the subtotal sentence points are multiplied by 1.5.
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18 Domestic violence in the presence of a child: If the offender
19 is convicted of the primary offense and the primary offense is
20 a crime of domestic violence, as defined in s. 741.28, which
21 was committed in the presence of a child under 16 years of age
22 who is a family or household member as defined in s. 741.28(3)
23 with the victim or perpetrator, the subtotal sentence points
24 are multiplied by 1.5.
25 Section 3. Subsection (3) of section 947.146, Florida
26 Statutes, is amended to read:
27 947.146 Control Release Authority.--
28 (3) Within 120 days prior to the date the state
29 correctional system is projected pursuant to s. 216.136 to
30 exceed 99 percent of total capacity, the authority shall
31 determine eligibility for and establish a control release date
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1 for an appropriate number of parole ineligible inmates
2 committed to the department and incarcerated within the state
3 who have been determined by the authority to be eligible for
4 discretionary early release pursuant to this section. In
5 establishing control release dates, it is the intent of the
6 Legislature that the authority prioritize consideration of
7 eligible inmates closest to their tentative release date. The
8 authority shall rely upon commitment data on the offender
9 information system maintained by the department to initially
10 identify inmates who are to be reviewed for control release
11 consideration. The authority may use a method of objective
12 risk assessment in determining if an eligible inmate should be
13 released. Such assessment shall be a part of the department's
14 management information system. However, the authority shall
15 have sole responsibility for determining control release
16 eligibility, establishing a control release date, and
17 effectuating the release of a sufficient number of inmates to
18 maintain the inmate population between 99 percent and 100
19 percent of total capacity. Inmates who are ineligible for
20 control release are inmates who are parole eligible or inmates
21 who:
22 (a) Are serving a sentence that includes a mandatory
23 minimum provision for a capital offense or drug trafficking
24 offense and have not served the number of days equal to the
25 mandatory minimum term less any jail-time credit awarded by
26 the court;
27 (b) Are serving the mandatory minimum portion of a
28 sentence enhanced under s. 775.087(2) or (3), or s. 784.07(3);
29 (c) Are convicted, or have been previously convicted,
30 of committing or attempting to commit sexual battery, incest,
31 or any of the following lewd or indecent assaults or acts:
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1 masturbating in public; exposing the sexual organs in a
2 perverted manner; or nonconsensual handling or fondling of the
3 sexual organs of another person;
4 (d) Are convicted, or have been previously convicted,
5 of committing or attempting to commit assault, aggravated
6 assault, battery, or aggravated battery, and a sex act was
7 attempted or completed during commission of such offense;
8 (e) Are convicted, or have been previously convicted,
9 of committing or attempting to commit kidnapping, burglary, or
10 murder, and the offense was committed with the intent to
11 commit sexual battery or a sex act was attempted or completed
12 during commission of the offense;
13 (f) Are convicted, or have been previously convicted,
14 of committing or attempting to commit false imprisonment upon
15 a child under the age of 13 and, in the course of committing
16 the offense, the inmate committed aggravated child abuse,
17 sexual battery against the child, or a lewd or lascivious
18 offense committed upon or in the presence of a person less
19 than 16 years of age;
20 (g) Are sentenced, have previously been sentenced, or
21 have been sentenced at any time under s. 775.084, or have been
22 sentenced at any time in another jurisdiction as a habitual
23 offender;
24 (h) Are convicted, or have been previously convicted,
25 of committing or attempting to commit assault, aggravated
26 assault, battery, aggravated battery, kidnapping,
27 manslaughter, or murder against an officer as defined in s.
28 943.10(1), (2), (3), (6), (7), (8), or (9); against a state
29 attorney or assistant state attorney; or against a justice or
30 judge of a court described in Art. V of the State
31 Constitution; or against an officer, judge, or state attorney
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1 employed in a comparable position by any other jurisdiction;
2 or
3 (i) Are convicted, or have been previously convicted,
4 of committing or attempting to commit murder in the first,
5 second, or third degree under s. 782.04(1), (2), (3), or (4),
6 or have ever been convicted of any degree of murder or
7 attempted murder in another jurisdiction;
8 (j) Are convicted, or have been previously convicted,
9 of DUI manslaughter under s. 316.193(3)(c)3., and are
10 sentenced, or have been sentenced at any time, as a habitual
11 offender for such offense, or have been sentenced at any time
12 in another jurisdiction as a habitual offender for such
13 offense;
14 (k)1. Are serving a sentence for an offense committed
15 on or after January 1, 1994, for a violation of the Law
16 Enforcement Protection Act under s. 775.0823(2), (3), (4), or
17 (5), or (6), and the subtotal of the offender's sentence
18 points is multiplied pursuant to former s. 921.0014 or s.
19 921.0024;
20 2. Are serving a sentence for an offense committed on
21 or after October 1, 1995, for a violation of the Law
22 Enforcement Protection Act under s. 775.0823(2), (3), (4),
23 (5), (6), (7), or (8), or (9), and the subtotal of the
24 offender's sentence points is multiplied pursuant to former s.
25 921.0014 or s. 921.0024;
26 (l) Are serving a sentence for an offense committed on
27 or after January 1, 1994, for possession of a firearm,
28 semiautomatic firearm, or machine gun in which additional
29 points are added to the subtotal of the offender's sentence
30 points pursuant to former s. 921.0014 or s. 921.0024; or
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1 (m) Are convicted, or have been previously convicted,
2 of committing or attempting to commit manslaughter,
3 kidnapping, robbery, carjacking, home-invasion robbery, or a
4 burglary under s. 810.02(2).
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6 In making control release eligibility determinations under
7 this subsection, the authority may rely on any document
8 leading to or generated during the course of the criminal
9 proceedings, including, but not limited to, any presentence or
10 postsentence investigation or any information contained in
11 arrest reports relating to circumstances of the offense.
12 Section 4. This act shall take effect October 1, 2007.
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15 SENATE SUMMARY
16 Prohibits suspending, deferring, or withholding
adjudication of guilt or imposition of sentence if the
17 offense is an attempted felony murder committed against a
law enforcement officer, correctional officer, state
18 attorney, assistant state attorney, justice, or judge.
Conforms the worksheet of the Criminal Punishment Code.
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