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:

20  

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.

31  

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    Florida Senate - 2007                                   SB 566
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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.

 9  

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:

20  

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.

25  

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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    Florida Senate - 2007                                   SB 566
    34-620-07




 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.

 8  

 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.

21  

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

31  

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    Florida Senate - 2007                                   SB 566
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 1  felony in that jurisdiction, or would be a capital felony if

 2  the offense were committed in this state.

 3  

 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.

15  

16  Sentencing multipliers:

17  

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).

25  

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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    Florida Senate - 2007                                   SB 566
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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.

 5  

 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.

11  

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.

17  

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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    Florida Senate - 2007                                   SB 566
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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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    Florida Senate - 2007                                   SB 566
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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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    Florida Senate - 2007                                   SB 566
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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

31  

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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).

 5  

 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.

13  

14            *****************************************

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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