| 1 | A bill to be entitled |
| 2 | An act relating to murder of a child 17 years of age or |
| 3 | younger; creating s. 782.066, F.S.; providing for |
| 4 | reclassification of specified murder offenses if committed |
| 5 | upon a child 17 years of age or younger; prohibiting a |
| 6 | court from suspending, deferring, or withholding |
| 7 | adjudication of guilt or imposition of sentence; providing |
| 8 | 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. Section 782.066, Florida Statutes, is created |
| 13 | to read: |
| 14 | 782.066 Murder; child 17 years of age or younger.- |
| 15 | (1) Whenever a person is charged with committing a |
| 16 | violation of s. 782.04, other than s. 782.04(1), upon a child 17 |
| 17 | years of age or younger, the offense for which the person is |
| 18 | charged may be reclassified as follows, regardless of whether he |
| 19 | or she had a reason to know the age of the victim: |
| 20 | (a) In the case of a violation of s. 782.04(2), from a |
| 21 | felony of the first degree to a capital felony, punishable as |
| 22 | provided in s. 775.082. |
| 23 | (b) In the case of a violation of s. 782.04(4), from a |
| 24 | felony of the second degree to a felony of the first degree. |
| 25 | (2) Notwithstanding s. 948.01, a court may not suspend, |
| 26 | defer, or withhold adjudication of guilt or imposition of |
| 27 | sentence for any violation of this section. |
| 28 | Section 2. This act shall take effect October 1, 2011. |