HB 667

1	A bill to be entitled
2	An act relating to murder; amending s. 782.04, F.S.;
3	providing that the unlawful killing of a human being
4	when committed by a person engaged in the perpetration
5	of, or in the attempt to perpetrate, the offense of
6	aggravated fleeing or eluding, is murder of a
7	specified degree, dependent upon certain
8	circumstances; amending s. 921.0022, F.S.; revising
9	provisions of the offense severity ranking chart of
10	the Criminal Punishment Code to conform to changes
11	made by the act; reenacting ss. 775.0823, 782.051,
12	782.065, and 947.146(3), F.S., relating to violent
13	offenses committed against law enforcement officers
14	and others, attempted felony murder, murder of a law
15	enforcement officer, and the Control Release
16	Authority, respectively, to incorporate the amendments
17	made to s. 782.04, F.S., in references thereto;
18	providing an effective date.
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	Section 1.  Section 782.04, Florida Statutes, is amended to
23	read:
24	782.04  Murder.-
25	(1)(a)  The unlawful killing of a human being:
26	1.  When perpetrated from a premeditated design to effect
27	the death of the person killed or any human being;
28	2.  When committed by a person engaged in the perpetration
29	of, or in the attempt to perpetrate, any:
30	a.  Trafficking offense prohibited by s. 893.135(1),
31	b.  Arson,
32	c.  Sexual battery,
33	d.  Robbery,
34	e.  Burglary,
35	f.  Kidnapping,
36	g.  Escape,
37	h.  Aggravated child abuse,
38	i.  Aggravated abuse of an elderly person or disabled
39	adult,
40	j.  Aircraft piracy,
41	k.  Unlawful throwing, placing, or discharging of a
42	destructive device or bomb,
43	l.  Carjacking,
44	m.  Home-invasion robbery,
45	n.  Aggravated stalking,
46	o.  Murder of another human being,
47	p.  Resisting an officer with violence to his or her
48	person,
49	q.  Aggravated fleeing or eluding,
50	r.q.  Felony that is an act of terrorism or is in
51	furtherance of an act of terrorism; or
52	3.  Which resulted from the unlawful distribution of any
53	substance controlled under s. 893.03(1), cocaine as described in
54	s. 893.03(2)(a)4., opium or any synthetic or natural salt,
55	compound, derivative, or preparation of opium, or methadone by a
56	person 18 years of age or older, when such drug is proven to be
57	the proximate cause of the death of the user,
58
59	is murder in the first degree and constitutes a capital felony,
60	punishable as provided in s. 775.082.
61	(b)  In all cases under this section, the procedure set
62	forth in s. 921.141 shall be followed in order to determine
63	sentence of death or life imprisonment.
64	(2)  The unlawful killing of a human being, when
65	perpetrated by any act imminently dangerous to another and
66	evincing a depraved mind regardless of human life, although
67	without any premeditated design to effect the death of any
68	particular individual, is murder in the second degree and
69	constitutes a felony of the first degree, punishable by
70	imprisonment for a term of years not exceeding life or as
71	provided in s. 775.082, s. 775.083, or s. 775.084.
72	(3)  When a human being person is killed during in the
73	perpetration of, or during in the attempt to perpetrate, any:
74	(a)  Trafficking offense prohibited by s. 893.135(1),
75	(b)  Arson,
76	(c)  Sexual battery,
77	(d)  Robbery,
78	(e)  Burglary,
79	(f)  Kidnapping,
80	(g)  Escape,
81	(h)  Aggravated child abuse,
82	(i)  Aggravated abuse of an elderly person or disabled
83	adult,
84	(j)  Aircraft piracy,
85	(k)  Unlawful throwing, placing, or discharging of a
86	destructive device or bomb,
87	(l)  Carjacking,
88	(m)  Home-invasion robbery,
89	(n)  Aggravated stalking,
90	(o)  Murder of another human being,
91	(p)  Aggravated fleeing or eluding,
92	(q)(p)  Resisting an officer with violence to his or her
93	person, or
94	(r)(q)  Felony that is an act of terrorism or is in
95	furtherance of an act of terrorism,
96
97	by a person other than the person engaged in the perpetration of
98	or in the attempt to perpetrate such felony, the person
99	perpetrating or attempting to perpetrate such felony is guilty
100	of murder in the second degree, which constitutes a felony of
101	the first degree, punishable by imprisonment for a term of years
102	not exceeding life or as provided in s. 775.082, s. 775.083, or
103	s. 775.084.
104	(4)  The unlawful killing of a human being, when
105	perpetrated without any design to effect death, by a person
106	engaged in the perpetration of, or in the attempt to perpetrate,
107	any felony other than any:
108	(a)  Trafficking offense prohibited by s. 893.135(1),
109	(b)  Arson,
110	(c)  Sexual battery,
111	(d)  Robbery,
112	(e)  Burglary,
113	(f)  Kidnapping,
114	(g)  Escape,
115	(h)  Aggravated child abuse,
116	(i)  Aggravated abuse of an elderly person or disabled
117	adult,
118	(j)  Aircraft piracy,
119	(k)  Unlawful throwing, placing, or discharging of a
120	destructive device or bomb,
121	(l)  Unlawful distribution of any substance controlled
122	under s. 893.03(1), cocaine as described in s. 893.03(2)(a)4.,
123	or opium or any synthetic or natural salt, compound, derivative,
124	or preparation of opium by a person 18 years of age or older,
125	when such drug is proven to be the proximate cause of the death
126	of the user,
127	(m)  Carjacking,
128	(n)  Home-invasion robbery,
129	(o)  Aggravated stalking,
130	(p)  Murder of another human being,
131	(q)  Aggravated fleeing or eluding,
132	(r)(q)  Resisting an officer with violence to his or her
133	person, or
134	(s)(r)  Felony that is an act of terrorism or is in
135	furtherance of an act of terrorism,
136
137	is murder in the third degree and constitutes a felony of the
138	second degree, punishable as provided in s. 775.082, s. 775.083,
139	or s. 775.084.
140	(5)  As used in this section, the term "terrorism" means an
141	activity that:
142	(a)1.  Involves a violent act or an act dangerous to human
143	life which is a violation of the criminal laws of this state or
144	of the United States; or
145	2.  Involves a violation of s. 815.06; and
146	(b)  Is intended to:
147	1.  Intimidate, injure, or coerce a civilian population;
148	2.  Influence the policy of a government by intimidation or
149	coercion; or
150	3.  Affect the conduct of government through destruction of
151	property, assassination, murder, kidnapping, or aircraft piracy.
152	Section 2.  Paragraphs (h) and (i) of subsection (3) of
153	section 921.0022, Florida Statutes, are amended to read:
154	921.0022  Criminal Punishment Code; offense severity
155	ranking chart.-
156	(3)  OFFENSE SEVERITY RANKING CHART
157	(h)  LEVEL 8
158
	FloridaStatute FelonyDegree Description
159
	316.193  (3)(c)3.a. 2nd DUI manslaughter.
160
	316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
161
	327.35(3)(c)3. 2nd Vessel BUI manslaughter.
162
	499.0051(7) 1st Knowing trafficking in contraband prescription drugs.
163
	499.0051(8) 1st Knowing forgery of prescription labels or prescription drug labels.
164
	560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
165
	560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
166
	655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
167
	777.03(2)(a) 1st Accessory after the fact, capital felony.
168
	782.04(4) 2nd Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aggravated fleeing or eluding, aircraft piracy, or unlawfully discharging bomb.
169
	782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
170
	782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
171
	782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
172
	790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
173
	794.011(5) 2nd Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
174
	794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
175
	800.04(4) 2nd Lewd or lascivious battery.
176
	806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
177
	810.02(2)(a) 1st,PBL Burglary with assault or battery.
178
	810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
179
	810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
180
	812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
181
	812.13(2)(b) 1st Robbery with a weapon.
182
	812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
183
	817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
184
	825.102(2) 1st Aggravated abuse of an elderly person or disabled adult.
185
	825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
186
	825.103(2)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
187
	837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
188
	837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
189
	860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
190
	860.16 1st Aircraft piracy.
191
	893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
192
	893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
193
	893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
194
	893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
195
	893.135  (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
196
	893.135  (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
197
	893.135  (1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
198
	893.135  (1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
199
	893.135  (1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
200
	893.135  (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
201
	893.135  (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
202
	893.135  (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
203
	893.135  (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
204
	893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there.
205
	895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
206
	895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
207
	895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
208
	896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
209
	896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
210
211	(i)  LEVEL 9
212
	FloridaStatute FelonyDegree Description
213
	316.193  (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
214
	327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
215
	409.920  (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
216
	499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
217
	560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
218
	560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
219
	655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
220
	775.0844 1st Aggravated white collar crime.
221
	782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
222
	782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, aggravated fleeing or eluding, and other specified felonies.
223
	782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
224
	782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
225
	787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
226
	787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
227
	787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
228
	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.
229
	790.161 1st Attempted capital destructive device offense.
230
	790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
231
	794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
232
	794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
233
	794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
234
	794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
235
	794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
236
	800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
237
	812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
238
	812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
239
	812.135(2)(b) 1st Home-invasion robbery with weapon.
240
	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.
241
	827.03(2) 1st Aggravated child abuse.
242
	847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
243
	847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
244
	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.
245
	893.135 1st Attempted capital trafficking offense.
246
	893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
247
	893.135  (1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
248
	893.135  (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
249
	893.135  (1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
250
	893.135  (1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
251
	893.135  (1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
252
	893.135  (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
253
	893.135  (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
254
	893.135  (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
255
	896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
256
	896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
257
258	Section 3.  For the purpose of incorporating the amendment
259	made by this act to section 782.04, Florida Statutes, in a
260	reference thereto, section 775.0823, Florida Statutes, is
261	reenacted to read:
262	775.0823  Violent offenses committed against law
263	enforcement officers, correctional officers, state attorneys,
264	assistant state attorneys, justices, or judges.-The Legislature
265	does hereby provide for an increase and certainty of penalty for
266	any person convicted of a violent offense against any law
267	enforcement or correctional officer, as defined in s. 943.10(1),
268	(2), (3), (6), (7), (8), or (9); against any state attorney
269	elected pursuant to s. 27.01 or assistant state attorney
270	appointed under s. 27.181; or against any justice or judge of a
271	court described in Art. V of the State Constitution, which
272	offense arises out of or in the scope of the officer's duty as a
273	law enforcement or correctional officer, the state attorney's or
274	assistant state attorney's duty as a prosecutor or investigator,
275	or the justice's or judge's duty as a judicial officer, as
276	follows:
277	(1)  For murder in the first degree as described in s.
278	782.04(1), if the death sentence is not imposed, a sentence of
279	imprisonment for life without eligibility for release.
280	(2)  For attempted murder in the first degree as described
281	in s. 782.04(1), a sentence pursuant to s. 775.082, s. 775.083,
282	or s. 775.084.
283	(3)  For attempted felony murder as described in s.
284	782.051, a sentence pursuant to s. 775.082, s. 775.083, or s.
285	775.084.
286	(4)  For murder in the second degree as described in s.
287	782.04(2) and (3), a sentence pursuant to s. 775.082, s.
288	775.083, or s. 775.084.
289	(5)  For attempted murder in the second degree as described
290	in s. 782.04(2) and (3), a sentence pursuant to s. 775.082, s.
291	775.083, or s. 775.084.
292	(6)  For murder in the third degree as described in s.
293	782.04(4), a sentence pursuant to s. 775.082, s. 775.083, or s.
294	775.084.
295	(7)  For attempted murder in the third degree as described
296	in s. 782.04(4), a sentence pursuant to s. 775.082, s. 775.083,
297	or s. 775.084.
298	(8)  For manslaughter as described in s. 782.07 during the
299	commission of a crime, a sentence pursuant to s. 775.082, s.
300	775.083, or s. 775.084.
301	(9)  For kidnapping as described in s. 787.01, a sentence
302	pursuant to s. 775.082, s. 775.083, or s. 775.084.
303	(10)  For aggravated battery as described in s. 784.045, a
304	sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
305	(11)  For aggravated assault as described in s. 784.021, a
306	sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
307
308	Notwithstanding the provisions of s. 948.01, with respect to any
309	person who is found to have violated this section, adjudication
310	of guilt or imposition of sentence shall not be suspended,
311	deferred, or withheld.
312	Section 4.  For the purpose of incorporating the amendment
313	made by this act to section 782.04, Florida Statutes, in a
314	reference thereto, section 782.051, Florida Statutes, is
315	reenacted to read:
316	782.051  Attempted felony murder.-
317	(1)  Any person who perpetrates or attempts to perpetrate
318	any felony enumerated in s. 782.04(3) and who commits, aids, or
319	abets an intentional act that is not an essential element of the
320	felony and that could, but does not, cause the death of another
321	commits a felony of the first degree, punishable by imprisonment
322	for a term of years not exceeding life, or as provided in s.
323	775.082, s. 775.083, or s. 775.084, which is an offense ranked
324	in level 9 of the Criminal Punishment Code. Victim injury points
325	shall be scored under this subsection.
326	(2)  Any person who perpetrates or attempts to perpetrate
327	any felony other than a felony enumerated in s. 782.04(3) and
328	who commits, aids, or abets an intentional act that is not an
329	essential element of the felony and that could, but does not,
330	cause the death of another commits a felony of the first degree,
331	punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
332	which is an offense ranked in level 8 of the Criminal Punishment
333	Code. Victim injury points shall be scored under this
334	subsection.
335	(3)  When a person is injured during the perpetration of or
336	the attempt to perpetrate any felony enumerated in s. 782.04(3)
337	by a person other than the person engaged in the perpetration of
338	or the attempt to perpetrate such felony, the person
339	perpetrating or attempting to perpetrate such felony commits a
340	felony of the second degree, punishable as provided in s.
341	775.082, s. 775.083, or s. 775.084, which is an offense ranked
342	in level 7 of the Criminal Punishment Code. Victim injury points
343	shall be scored under this subsection.
344	Section 5.  For the purpose of incorporating the amendment
345	made by this act to section 782.04, Florida Statutes, in a
346	reference thereto, section 782.065, Florida Statutes, is
347	reenacted to read:
348	782.065  Murder; law enforcement officer.-Notwithstanding
349	ss. 775.082, 775.0823, 782.04, 782.051, and chapter 921, a
350	defendant shall be sentenced to life imprisonment without
351	eligibility for release upon findings by the trier of fact that,
352	beyond a reasonable doubt:
353	(1)  The defendant committed murder in the first degree in
354	violation of s. 782.04(1) and a death sentence was not imposed;
355	murder in the second or third degree in violation of s.
356	782.04(2), (3), or (4); attempted murder in the first or second
357	degree in violation of s. 782.04(1)(a)1. or (2); or attempted
358	felony murder in violation of s. 782.051; and
359	(2)  The victim of any offense described in subsection (1)
360	was a law enforcement officer, part-time law enforcement
361	officer, or auxiliary law enforcement officer, as those terms
362	are defined in s. 943.10, engaged in the lawful performance of a
363	legal duty.
364	Section 6.  For the purpose of incorporating the amendment
365	made by this act to section 782.04, Florida Statutes, in a
366	reference thereto, subsection (3) of section 947.146, Florida
367	Statutes, is reenacted to read:
368	947.146  Control Release Authority.-
369	(3)  Within 120 days prior to the date the state
370	correctional system is projected pursuant to s. 216.136 to
371	exceed 99 percent of total capacity, the authority shall
372	determine eligibility for and establish a control release date
373	for an appropriate number of parole ineligible inmates committed
374	to the department and incarcerated within the state who have
375	been determined by the authority to be eligible for
376	discretionary early release pursuant to this section. In
377	establishing control release dates, it is the intent of the
378	Legislature that the authority prioritize consideration of
379	eligible inmates closest to their tentative release date. The
380	authority shall rely upon commitment data on the offender
381	information system maintained by the department to initially
382	identify inmates who are to be reviewed for control release
383	consideration. The authority may use a method of objective risk
384	assessment in determining if an eligible inmate should be
385	released. Such assessment shall be a part of the department's
386	management information system. However, the authority shall have
387	sole responsibility for determining control release eligibility,
388	establishing a control release date, and effectuating the
389	release of a sufficient number of inmates to maintain the inmate
390	population between 99 percent and 100 percent of total capacity.
391	Inmates who are ineligible for control release are inmates who
392	are parole eligible or inmates who:
393	(a)  Are serving a sentence that includes a mandatory
394	minimum provision for a capital offense or drug trafficking
395	offense and have not served the number of days equal to the
396	mandatory minimum term less any jail-time credit awarded by the
397	court;
398	(b)  Are serving the mandatory minimum portion of a
399	sentence enhanced under s. 775.087(2) or (3), or s. 784.07(3);
400	(c)  Are convicted, or have been previously convicted, of
401	committing or attempting to commit sexual battery, incest, or
402	any of the following lewd or indecent assaults or acts:
403	masturbating in public; exposing the sexual organs in a
404	perverted manner; or nonconsensual handling or fondling of the
405	sexual organs of another person;
406	(d)  Are convicted, or have been previously convicted, of
407	committing or attempting to commit assault, aggravated assault,
408	battery, or aggravated battery, and a sex act was attempted or
409	completed during commission of such offense;
410	(e)  Are convicted, or have been previously convicted, of
411	committing or attempting to commit kidnapping, burglary, or
412	murder, and the offense was committed with the intent to commit
413	sexual battery or a sex act was attempted or completed during
414	commission of the offense;
415	(f)  Are convicted, or have been previously convicted, of
416	committing or attempting to commit false imprisonment upon a
417	child under the age of 13 and, in the course of committing the
418	offense, the inmate committed aggravated child abuse, sexual
419	battery against the child, or a lewd or lascivious offense
420	committed upon or in the presence of a person less than 16 years
421	of age;
422	(g)  Are sentenced, have previously been sentenced, or have
423	been sentenced at any time under s. 775.084, or have been
424	sentenced at any time in another jurisdiction as a habitual
425	offender;
426	(h)  Are convicted, or have been previously convicted, of
427	committing or attempting to commit assault, aggravated assault,
428	battery, aggravated battery, kidnapping, manslaughter, or murder
429	against an officer as defined in s. 943.10(1), (2), (3), (6),
430	(7), (8), or (9); against a state attorney or assistant state
431	attorney; or against a justice or judge of a court described in
432	Art. V of the State Constitution; or against an officer, judge,
433	or state attorney employed in a comparable position by any other
434	jurisdiction; or
435	(i)  Are convicted, or have been previously convicted, of
436	committing or attempting to commit murder in the first, second,
437	or third degree under s. 782.04(1), (2), (3), or (4), or have
438	ever been convicted of any degree of murder or attempted murder
439	in another jurisdiction;
440	(j)  Are convicted, or have been previously convicted, of
441	DUI manslaughter under s. 316.193(3)(c)3., and are sentenced, or
442	have been sentenced at any time, as a habitual offender for such
443	offense, or have been sentenced at any time in another
444	jurisdiction as a habitual offender for such offense;
445	(k)1.  Are serving a sentence for an offense committed on
446	or after January 1, 1994, for a violation of the Law Enforcement
447	Protection Act under s. 775.0823(2), (3), (4), (5), or (6), and
448	the subtotal of the offender's sentence points is multiplied
449	pursuant to former s. 921.0014 or s. 921.0024;
450	2.  Are serving a sentence for an offense committed on or
451	after October 1, 1995, for a violation of the Law Enforcement
452	Protection Act under s. 775.0823(2), (3), (4), (5), (6), (7),
453	(8), or (9), and the subtotal of the offender's sentence points
454	is multiplied pursuant to former s. 921.0014 or s. 921.0024;
455	(l)  Are serving a sentence for an offense committed on or
456	after January 1, 1994, for possession of a firearm,
457	semiautomatic firearm, or machine gun in which additional points
458	are added to the subtotal of the offender's sentence points
459	pursuant to former s. 921.0014 or s. 921.0024; or
460	(m)  Are convicted, or have been previously convicted, of
461	committing or attempting to commit manslaughter, kidnapping,
462	robbery, carjacking, home-invasion robbery, or a burglary under
463	s. 810.02(2).
464
465	In making control release eligibility determinations under this
466	subsection, the authority may rely on any document leading to or
467	generated during the course of the criminal proceedings,
468	including, but not limited to, any presentence or postsentence
469	investigation or any information contained in arrest reports
470	relating to circumstances of the offense.
471	Section 7.  This act shall take effect October 1, 2012.

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