| 1 | A bill to be entitled |
| 2 | An act relating to home-invasion robbery; providing a |
| 3 | short title; amending s. 812.135, F.S.; providing |
| 4 | penalties for a home-invasion robbery in which a victim is |
| 5 | an elderly person; amending s. 921.0022, F.S.; ranking the |
| 6 | offense of home-invasion robbery with a victim 65 years of |
| 7 | age or older on the offense severity ranking chart of the |
| 8 | Criminal Punishment Code; providing an effective date. |
| 9 |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
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| 12 | Section 1. This act may be cited as the "Safe at Home |
| 13 | Act." |
| 14 | Section 2. Section 812.135, Florida Statutes, is amended |
| 15 | to read: |
| 16 | 812.135 Home-invasion robbery.-- |
| 17 | (1) "Home-invasion robbery" means any robbery that occurs |
| 18 | when the offender enters a dwelling with the intent to commit a |
| 19 | robbery, and does commit a robbery of the occupants therein. |
| 20 | (2)(a) If in the course of committing the home-invasion |
| 21 | robbery the person carries a firearm or other deadly weapon, the |
| 22 | person commits a felony of the first degree, punishable by |
| 23 | imprisonment for a term of years not exceeding life imprisonment |
| 24 | as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 25 | (b) If in the course of committing the home-invasion |
| 26 | robbery the person carries a weapon, the person commits a felony |
| 27 | of the first degree, punishable as provided in s. 775.082, s. |
| 28 | 775.083, or s. 775.084. |
| 29 | (c) If in the course of committing the home-invasion |
| 30 | robbery the person carries no firearm, deadly weapon, or other |
| 31 | weapon, the person commits a felony of the first degree, |
| 32 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 33 | (d) If a victim of the home-invasion robbery described in |
| 34 | paragraph (c) is a person 65 years of age or older, the person |
| 35 | commits a felony of the first degree, punishable as provided in |
| 36 | s. 775.082, s. 775.083, or s. 775.084. |
| 37 | Section 3. Paragraph (i) of subsection (3) of section |
| 38 | 921.0022, Florida Statutes, is amended to read: |
| 39 | 921.0022 Criminal Punishment Code; offense severity |
| 40 | ranking chart.-- |
| 41 | (3) OFFENSE SEVERITY RANKING CHART |
| 42 | (i) LEVEL 9 |
| 43 |
|
| | | FloridaStatute | FelonyDegree | Description |
|
| 44 |
|
| | | 316.193(3)(c)3.b. | 1st | DUI manslaughter; failing to render aid or give information. |
|
| 45 |
|
| | | 327.35(3)(c)3.b. | 1st | BUI manslaughter; failing to render aid or give information. |
|
| 46 |
|
| | | 499.0051(9) | 1st | Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm. |
|
| 47 |
|
| | | 560.123(8)(b)3. | 1st | Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter. |
|
| 48 |
|
| | | 560.125(5)(c) | 1st | Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000. |
|
| 49 |
|
| | | 655.50(10)(b)3. | 1st | Failure to report financial transactions totaling or exceeding $100,000 by financial institution. |
|
| 50 |
|
| | | 775.0844 | 1st | Aggravated white collar crime. |
|
| 51 |
|
| | | 782.04(1) | 1st | Attempt, conspire, or solicit to commit premeditated murder. |
|
| 52 |
|
| | | 782.04(3) | 1st,PBL | Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies. |
|
| 53 |
|
| | | 782.051(1) | 1st | Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3). |
|
| 54 |
|
| | | 782.07(2) | 1st | Aggravated manslaughter of an elderly person or disabled adult. |
|
| 55 |
|
| | | 787.01(1)(a)1. | 1st,PBL | Kidnapping; hold for ransom or reward or as a shield or hostage. |
|
| 56 |
|
| | | 787.01(1)(a)2. | 1st,PBL | Kidnapping with intent to commit or facilitate commission of any felony. |
|
| 57 |
|
| | | 787.01(1)(a)4. | 1st,PBL | Kidnapping with intent to interfere with performance of any governmental or political function. |
|
| 58 |
|
| | | 787.02(3)(a) | 1st | False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition. |
|
| 59 |
|
| | | 790.161 | 1st | Attempted capital destructive device offense. |
|
| 60 |
|
| | | 790.166(2) | 1st,PBL | Possessing, selling, using, or attempting to use a weapon of mass destruction. |
|
| 61 |
|
| | | 794.011(2) | 1st | Attempted sexual battery; victim less than 12 years of age. |
|
| 62 |
|
| | | 794.011(2) | Life | Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years. |
|
| 63 |
|
| | | 794.011(4) | 1st | Sexual battery; victim 12 years or older, certain circumstances. |
|
| 64 |
|
| | | 794.011(8)(b) | 1st | Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority. |
|
| 65 |
|
| | | 794.08(2) | 1st | Female genital mutilation; victim younger than 18 years of age. |
|
| 66 |
|
| | | 800.04(5)(b) | Life | Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older. |
|
| 67 |
|
| | | 812.13(2)(a) | 1st,PBL | Robbery with firearm or other deadly weapon. |
|
| 68 |
|
| | | 812.133(2)(a) | 1st,PBL | Carjacking; firearm or other deadly weapon. |
|
| 69 |
|
| | | 812.135(2)(b) | 1st | Home-invasion robbery with weapon. |
|
| 70 |
|
| | | 812.135(2)(d) | 1st | Home-invasion robbery with a victim 65 years of age or older. |
|
| 71 |
|
| | | 817.568(7) | 2nd,PBL | Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority. |
|
| 72 |
|
| | | 827.03(2) | 1st | Aggravated child abuse. |
|
| 73 |
|
| | | 847.0145(1) | 1st | Selling, or otherwise transferring custody or control, of a minor. |
|
| 74 |
|
| | | 847.0145(2) | 1st | Purchasing, or otherwise obtaining custody or control, of a minor. |
|
| 75 |
|
| | | 859.01 | 1st | Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person. |
|
| 76 |
|
| | | 893.135 | 1st | Attempted capital trafficking offense. |
|
| 77 |
|
| | | 893.135(1)(a)3. | 1st | Trafficking in cannabis, more than 10,000 lbs. |
|
| 78 |
|
| | | 893.135(1)(b)1.c. | 1st | Trafficking in cocaine, more than 400 grams, less than 150 kilograms. |
|
| 79 |
|
| | | 893.135(1)(c)1.c. | 1st | Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms. |
|
| 80 |
|
| | | 893.135(1)(d)1.c. | 1st | Trafficking in phencyclidine, more than 400 grams. |
|
| 81 |
|
| | | 893.135(1)(e)1.c. | 1st | Trafficking in methaqualone, more than 25 kilograms. |
|
| 82 |
|
| | | 893.135(1)(f)1.c. | 1st | Trafficking in amphetamine, more than 200 grams. |
|
| 83 |
|
| | | 893.135(1)(h)1.c. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more. |
|
| 84 |
|
| | | 893.135(1)(j)1.c. | 1st | Trafficking in 1,4-Butanediol, 10 kilograms or more. |
|
| 85 |
|
| | | 893.135(1)(k)2.c. | 1st | Trafficking in Phenethylamines, 400 grams or more. |
|
| 86 |
|
| | | 896.101(5)(c) | 1st | Money laundering, financial instruments totaling or exceeding $100,000. |
|
| 87 |
|
| | | 896.104(4)(a)3. | 1st | Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000. |
|
| 88 |
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| 89 | Section 4. This act shall take effect July 1, 2009. |