Florida Senate - 2008 CS for SB 1064

By the Committee on Criminal Justice; and Senator Dockery

591-04492-08 20081064c1

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A bill to be entitled

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An act relating to the murder or attempted murder of

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law enforcement officers; creating s. 782.065, F.S.;

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requiring that a defendant be sentenced to imprisonment

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for life without eligibility for early release upon

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findings beyond a reasonable doubt that the defendant

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committed a specified murder offense or attempted

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murder offense against a law enforcement officer, part-

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time law enforcement officer, or auxiliary law

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enforcement officer engaged in the lawful performance

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of a legal duty; providing an effective date.

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

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     Section 1.  Section 782.065, Florida Statutes, is created to

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read:

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     782.065 Murder; law enforcement officer.--Notwithstanding

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s. 775.082, s. 775.0823, s. 782.04, s. 782.051, or chapter 921, a

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defendant shall be sentenced to imprisonment for life without

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eligibility for early release upon findings by the fact finder

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beyond a reasonable doubt that:

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     (1) The defendant committed murder in the first degree in

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violation of s. 782.04(1) and a death sentence is not imposed;

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murder in the second or third degree in violation of s.

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782.04(2), (3), or (4); attempted murder in the first or second

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degree in violation of s. 782.04(1)(a)1. or (2); or attempted

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felony murder in violation of s. 782.051; and

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     (2) The victim of the offense described in subsection (1)

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is a law enforcement officer, part-time law enforcement officer,

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or auxiliary law enforcement officer, as those terms are defined

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in s. 943.10, engaged in the lawful performance of a legal duty.

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     Section 2.  This act shall take effect October 1, 2008.

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