Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS for SB 872
       
       
       
       
       
       
                                Barcode 284192                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                Floor: 1/AD/2R         .                                
             03/02/2012 11:39 AM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Fasano moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. This act may be cited as the “Deputy John C.
    6  Mecklenburg Act.”
    7         Section 2. Section 782.04, Florida Statutes, is amended to
    8  read:
    9         782.04 Murder.—
   10         (1)(a) The unlawful killing of a human being:
   11         1. When perpetrated from a premeditated design to effect
   12  the death of the person killed or any human being;
   13         2. When committed by a person engaged in the perpetration
   14  of, or in the attempt to perpetrate, any:
   15         a. Trafficking offense prohibited by s. 893.135(1),
   16         b. Arson,
   17         c. Sexual battery,
   18         d. Robbery,
   19         e. Burglary,
   20         f. Kidnapping,
   21         g. Escape,
   22         h. Aggravated child abuse,
   23         i. Aggravated abuse of an elderly person or disabled adult,
   24         j. Aircraft piracy,
   25         k. Unlawful throwing, placing, or discharging of a
   26  destructive device or bomb,
   27         l. Carjacking,
   28         m. Home-invasion robbery,
   29         n. Aggravated stalking,
   30         o. Murder of another human being,
   31         p. Resisting an officer with violence to his or her person,
   32         q. Aggravated fleeing or eluding with serious bodily injury
   33  or death,
   34         r.q. Felony that is an act of terrorism or is in
   35  furtherance of an act of terrorism; or
   36         3. Which resulted from the unlawful distribution of any
   37  substance controlled under s. 893.03(1), cocaine as described in
   38  s. 893.03(2)(a)4., opium or any synthetic or natural salt,
   39  compound, derivative, or preparation of opium, or methadone by a
   40  person 18 years of age or older, when such drug is proven to be
   41  the proximate cause of the death of the user,
   42  
   43         is murder in the first degree and constitutes a capital
   44  felony, punishable as provided in s. 775.082.
   45         (b) In all cases under this section, the procedure set
   46  forth in s. 921.141 shall be followed in order to determine
   47  sentence of death or life imprisonment.
   48         (2) The unlawful killing of a human being, when perpetrated
   49  by any act imminently dangerous to another and evincing a
   50  depraved mind regardless of human life, although without any
   51  premeditated design to effect the death of any particular
   52  individual, is murder in the second degree and constitutes a
   53  felony of the first degree, punishable by imprisonment for a
   54  term of years not exceeding life or as provided in s. 775.082,
   55  s. 775.083, or s. 775.084.
   56         (3) When a human being person is killed during in the
   57  perpetration of, or during in the attempt to perpetrate, any:
   58         (a) Trafficking offense prohibited by s. 893.135(1),
   59         (b) Arson,
   60         (c) Sexual battery,
   61         (d) Robbery,
   62         (e) Burglary,
   63         (f) Kidnapping,
   64         (g) Escape,
   65         (h) Aggravated child abuse,
   66         (i) Aggravated abuse of an elderly person or disabled
   67  adult,
   68         (j) Aircraft piracy,
   69         (k) Unlawful throwing, placing, or discharging of a
   70  destructive device or bomb,
   71         (l) Carjacking,
   72         (m) Home-invasion robbery,
   73         (n) Aggravated stalking,
   74         (o) Murder of another human being,
   75         (p) Aggravated fleeing or eluding with serious bodily
   76  injury or death,
   77         (q)(p) Resisting an officer with violence to his or her
   78  person, or
   79         (r)(q) Felony that is an act of terrorism or is in
   80  furtherance of an act of terrorism,
   81  
   82  by a person other than the person engaged in the perpetration of
   83  or in the attempt to perpetrate such felony, the person
   84  perpetrating or attempting to perpetrate such felony commits is
   85  guilty of murder in the second degree, which constitutes a
   86  felony of the first degree, punishable by imprisonment for a
   87  term of years not exceeding life or as provided in s. 775.082,
   88  s. 775.083, or s. 775.084.
   89         (4) The unlawful killing of a human being, when perpetrated
   90  without any design to effect death, by a person engaged in the
   91  perpetration of, or in the attempt to perpetrate, any felony
   92  other than any:
   93         (a) Trafficking offense prohibited by s. 893.135(1),
   94         (b) Arson,
   95         (c) Sexual battery,
   96         (d) Robbery,
   97         (e) Burglary,
   98         (f) Kidnapping,
   99         (g) Escape,
  100         (h) Aggravated child abuse,
  101         (i) Aggravated abuse of an elderly person or disabled
  102  adult,
  103         (j) Aircraft piracy,
  104         (k) Unlawful throwing, placing, or discharging of a
  105  destructive device or bomb,
  106         (l) Unlawful distribution of any substance controlled under
  107  s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or
  108  opium or any synthetic or natural salt, compound, derivative, or
  109  preparation of opium by a person 18 years of age or older, when
  110  such drug is proven to be the proximate cause of the death of
  111  the user,
  112         (m) Carjacking,
  113         (n) Home-invasion robbery,
  114         (o) Aggravated stalking,
  115         (p) Murder of another human being,
  116         (q) Aggravated fleeing or eluding with serious bodily
  117  injury or death,
  118         (r)(q) Resisting an officer with violence to his or her
  119  person, or
  120         (s)(r) Felony that is an act of terrorism or is in
  121  furtherance of an act of terrorism,
  122  
  123  is murder in the third degree and constitutes a felony of the
  124  second degree, punishable as provided in s. 775.082, s. 775.083,
  125  or s. 775.084.
  126         (5) As used in this section, the term “terrorism” means an
  127  activity that:
  128         (a)1. Involves a violent act or an act dangerous to human
  129  life which is a violation of the criminal laws of this state or
  130  of the United States; or
  131         2. Involves a violation of s. 815.06; and
  132         (b) Is intended to:
  133         1. Intimidate, injure, or coerce a civilian population;
  134         2. Influence the policy of a government by intimidation or
  135  coercion; or
  136         3. Affect the conduct of government through destruction of
  137  property, assassination, murder, kidnapping, or aircraft piracy.
  138         Section 3. Section 782.065, Florida Statutes, is amended to
  139  read:
  140         782.065 Murder; law enforcement officer, correctional
  141  officer, correctional probation officer.—Notwithstanding ss.
  142  775.082, 775.0823, 782.04, 782.051, and chapter 921, a defendant
  143  shall be sentenced to life imprisonment without eligibility for
  144  release upon findings by the trier of fact that, beyond a
  145  reasonable doubt:
  146         (1) The defendant committed murder in the first degree in
  147  violation of s. 782.04(1) and a death sentence was not imposed;
  148  murder in the second or third degree in violation of s.
  149  782.04(2), (3), or (4); attempted murder in the first or second
  150  degree in violation of s. 782.04(1)(a)1. or (2); or attempted
  151  felony murder in violation of s. 782.051; and
  152         (2) The victim of any offense described in subsection (1)
  153  was a law enforcement officer, part-time law enforcement
  154  officer, or auxiliary law enforcement officer, correctional
  155  officer, part-time correctional officer, auxiliary correctional
  156  officer, correctional probation officer, part-time correctional
  157  probation officer, or auxiliary correctional probation officer,
  158  as those terms are defined in s. 943.10, engaged in the lawful
  159  performance of a legal duty.
  160         Section 4. Paragraphs (h) and (i) of subsection (3) of
  161  section 921.0022, Florida Statutes, are amended to read:
  162         921.0022 Criminal Punishment Code; offense severity ranking
  163  chart.—
  164         (3) OFFENSE SEVERITY RANKING CHART
  165         (h) LEVEL 8
  166  
  167  FloridaStatute   FelonyDegree               Description                
  168  
  169  
  170  
  171  
  172  
  173  
  174  
  175  
  176  
  177  
  178  
  179  
  180  
  181  
  182  
  183  
  184  
  185  
  186  
  187  
  188  
  189  
  190  
  191  
  192  
  193  
  194  
  195  
  196  
  197  
  198  
  199  
  200  
  201  
  202  
  203  
  204  
  205  
  206  
  207  
  208  
  209  
  210  
  211  
  212  
  213  
  214  
  215  
  216  
  217  
  218  
  219  
  220         (i) LEVEL 9
  221  
  222  FloridaStatute    FelonyDegree               Description               
  223  
  224  
  225  
  226  
  227  
  228  
  229  
  230  
  231  
  232  
  233  
  234  
  235  
  236  
  237  
  238  
  239  
  240  
  241  
  242  
  243  
  244  
  245  
  246  
  247  
  248  
  249  
  250  
  251  
  252  
  253  
  254  
  255  
  256  
  257  
  258  
  259  
  260  
  261  
  262  
  263  
  264  
  265  
  266  
  267         Section 5. For the purpose of incorporating the amendment
  268  made by this act to section 782.04, Florida Statutes, in
  269  references thereto, section 775.0823, Florida Statutes, is
  270  reenacted to read:
  271         775.0823 Violent offenses committed against law enforcement
  272  officers, correctional officers, state attorneys, assistant
  273  state attorneys, justices, or judges.—The Legislature does
  274  hereby provide for an increase and certainty of penalty for any
  275  person convicted of a violent offense against any law
  276  enforcement or correctional officer, as defined in s. 943.10(1),
  277  (2), (3), (6), (7), (8), or (9); against any state attorney
  278  elected pursuant to s. 27.01 or assistant state attorney
  279  appointed under s. 27.181; or against any justice or judge of a
  280  court described in Art. V of the State Constitution, which
  281  offense arises out of or in the scope of the officer’s duty as a
  282  law enforcement or correctional officer, the state attorney’s or
  283  assistant state attorney’s duty as a prosecutor or investigator,
  284  or the justice’s or judge’s duty as a judicial officer, as
  285  follows:
  286         (1) For murder in the first degree as described in s.
  287  782.04(1), if the death sentence is not imposed, a sentence of
  288  imprisonment for life without eligibility for release.
  289         (2) For attempted murder in the first degree as described
  290  in s. 782.04(1), a sentence pursuant to s. 775.082, s. 775.083,
  291  or s. 775.084.
  292         (3) For attempted felony murder as described in s. 782.051,
  293  a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
  294         (4) For murder in the second degree as described in s.
  295  782.04(2) and (3), a sentence pursuant to s. 775.082, s.
  296  775.083, or s. 775.084.
  297         (5) For attempted murder in the second degree as described
  298  in s. 782.04(2) and (3), a sentence pursuant to s. 775.082, s.
  299  775.083, or s. 775.084.
  300         (6) For murder in the third degree as described in s.
  301  782.04(4), a sentence pursuant to s. 775.082, s. 775.083, or s.
  302  775.084.
  303         (7) For attempted murder in the third degree as described
  304  in s. 782.04(4), a sentence pursuant to s. 775.082, s. 775.083,
  305  or s. 775.084.
  306         (8) For manslaughter as described in s. 782.07 during the
  307  commission of a crime, a sentence pursuant to s. 775.082, s.
  308  775.083, or s. 775.084.
  309         (9) For kidnapping as described in s. 787.01, a sentence
  310  pursuant to s. 775.082, s. 775.083, or s. 775.084.
  311         (10) For aggravated battery as described in s. 784.045, a
  312  sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
  313         (11) For aggravated assault as described in s. 784.021, a
  314  sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
  315  
  316  Notwithstanding the provisions of s. 948.01, with respect to any
  317  person who is found to have violated this section, adjudication
  318  of guilt or imposition of sentence shall not be suspended,
  319  deferred, or withheld.
  320         Section 6. For the purpose of incorporating the amendment
  321  made by this act to section 782.04, Florida Statutes, in
  322  references thereto, section 782.051, Florida Statutes, is
  323  reenacted to read:
  324         782.051 Attempted felony murder.—
  325         (1) Any person who perpetrates or attempts to perpetrate
  326  any felony enumerated in s. 782.04(3) and who commits, aids, or
  327  abets an intentional act that is not an essential element of the
  328  felony and that could, but does not, cause the death of another
  329  commits a felony of the first degree, punishable by imprisonment
  330  for a term of years not exceeding life, or as provided in s.
  331  775.082, s. 775.083, or s. 775.084, which is an offense ranked
  332  in level 9 of the Criminal Punishment Code. Victim injury points
  333  shall be scored under this subsection.
  334         (2) Any person who perpetrates or attempts to perpetrate
  335  any felony other than a felony enumerated in s. 782.04(3) and
  336  who commits, aids, or abets an intentional act that is not an
  337  essential element of the felony and that could, but does not,
  338  cause the death of another commits a felony of the first degree,
  339  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
  340  which is an offense ranked in level 8 of the Criminal Punishment
  341  Code. Victim injury points shall be scored under this
  342  subsection.
  343         (3) When a person is injured during the perpetration of or
  344  the attempt to perpetrate any felony enumerated in s. 782.04(3)
  345  by a person other than the person engaged in the perpetration of
  346  or the attempt to perpetrate such felony, the person
  347  perpetrating or attempting to perpetrate such felony commits a
  348  felony of the second degree, punishable as provided in s.
  349  775.082, s. 775.083, or s. 775.084, which is an offense ranked
  350  in level 7 of the Criminal Punishment Code. Victim injury points
  351  shall be scored under this subsection.
  352         Section 7. For the purpose of incorporating the amendment
  353  made by this act to section 782.04, Florida Statutes, in
  354  references thereto, section 782.065, Florida Statutes, is
  355  reenacted to read:
  356         782.065 Murder; law enforcement officer.—Notwithstanding
  357  ss. 775.082, 775.0823, 782.04, 782.051, and chapter 921, a
  358  defendant shall be sentenced to life imprisonment without
  359  eligibility for release upon findings by the trier of fact that,
  360  beyond a reasonable doubt:
  361         (1) The defendant committed murder in the first degree in
  362  violation of s. 782.04(1) and a death sentence was not imposed;
  363  murder in the second or third degree in violation of s.
  364  782.04(2), (3), or (4); attempted murder in the first or second
  365  degree in violation of s. 782.04(1)(a)1. or (2); or attempted
  366  felony murder in violation of s. 782.051; and
  367         (2) The victim of any offense described in subsection (1)
  368  was a law enforcement officer, part-time law enforcement
  369  officer, or auxiliary law enforcement officer, as those terms
  370  are defined in s. 943.10, engaged in the lawful performance of a
  371  legal duty.
  372         Section 8. For the purpose of incorporating the amendment
  373  made by this act to section 782.04, Florida Statutes, in a
  374  reference thereto, subsection (3) of section 947.146, Florida
  375  Statutes, is reenacted to read:
  376         947.146 Control Release Authority.—
  377         (3) Within 120 days prior to the date the state
  378  correctional system is projected pursuant to s. 216.136 to
  379  exceed 99 percent of total capacity, the authority shall
  380  determine eligibility for and establish a control release date
  381  for an appropriate number of parole ineligible inmates committed
  382  to the department and incarcerated within the state who have
  383  been determined by the authority to be eligible for
  384  discretionary early release pursuant to this section. In
  385  establishing control release dates, it is the intent of the
  386  Legislature that the authority prioritize consideration of
  387  eligible inmates closest to their tentative release date. The
  388  authority shall rely upon commitment data on the offender
  389  information system maintained by the department to initially
  390  identify inmates who are to be reviewed for control release
  391  consideration. The authority may use a method of objective risk
  392  assessment in determining if an eligible inmate should be
  393  released. Such assessment shall be a part of the department’s
  394  management information system. However, the authority shall have
  395  sole responsibility for determining control release eligibility,
  396  establishing a control release date, and effectuating the
  397  release of a sufficient number of inmates to maintain the inmate
  398  population between 99 percent and 100 percent of total capacity.
  399  Inmates who are ineligible for control release are inmates who
  400  are parole eligible or inmates who:
  401         (a) Are serving a sentence that includes a mandatory
  402  minimum provision for a capital offense or drug trafficking
  403  offense and have not served the number of days equal to the
  404  mandatory minimum term less any jail-time credit awarded by the
  405  court;
  406         (b) Are serving the mandatory minimum portion of a sentence
  407  enhanced under s. 775.087(2) or (3), or s. 784.07(3);
  408         (c) Are convicted, or have been previously convicted, of
  409  committing or attempting to commit sexual battery, incest, or
  410  any of the following lewd or indecent assaults or acts:
  411  masturbating in public; exposing the sexual organs in a
  412  perverted manner; or nonconsensual handling or fondling of the
  413  sexual organs of another person;
  414         (d) Are convicted, or have been previously convicted, of
  415  committing or attempting to commit assault, aggravated assault,
  416  battery, or aggravated battery, and a sex act was attempted or
  417  completed during commission of such offense;
  418         (e) Are convicted, or have been previously convicted, of
  419  committing or attempting to commit kidnapping, burglary, or
  420  murder, and the offense was committed with the intent to commit
  421  sexual battery or a sex act was attempted or completed during
  422  commission of the offense;
  423         (f) Are convicted, or have been previously convicted, of
  424  committing or attempting to commit false imprisonment upon a
  425  child under the age of 13 and, in the course of committing the
  426  offense, the inmate committed aggravated child abuse, sexual
  427  battery against the child, or a lewd or lascivious offense
  428  committed upon or in the presence of a person less than 16 years
  429  of age;
  430         (g) Are sentenced, have previously been sentenced, or have
  431  been sentenced at any time under s. 775.084, or have been
  432  sentenced at any time in another jurisdiction as a habitual
  433  offender;
  434         (h) Are convicted, or have been previously convicted, of
  435  committing or attempting to commit assault, aggravated assault,
  436  battery, aggravated battery, kidnapping, manslaughter, or murder
  437  against an officer as defined in s. 943.10(1), (2), (3), (6),
  438  (7), (8), or (9); against a state attorney or assistant state
  439  attorney; or against a justice or judge of a court described in
  440  Art. V of the State Constitution; or against an officer, judge,
  441  or state attorney employed in a comparable position by any other
  442  jurisdiction; or
  443         (i) Are convicted, or have been previously convicted, of
  444  committing or attempting to commit murder in the first, second,
  445  or third degree under s. 782.04(1), (2), (3), or (4), or have
  446  ever been convicted of any degree of murder or attempted murder
  447  in another jurisdiction;
  448         (j) Are convicted, or have been previously convicted, of
  449  DUI manslaughter under s. 316.193(3)(c)3., and are sentenced, or
  450  have been sentenced at any time, as a habitual offender for such
  451  offense, or have been sentenced at any time in another
  452  jurisdiction as a habitual offender for such offense;
  453         (k)1. Are serving a sentence for an offense committed on or
  454  after January 1, 1994, for a violation of the Law Enforcement
  455  Protection Act under s. 775.0823(2), (3), (4), (5), or (6), and
  456  the subtotal of the offender’s sentence points is multiplied
  457  pursuant to former s. 921.0014 or s. 921.0024;
  458         2. Are serving a sentence for an offense committed on or
  459  after October 1, 1995, for a violation of the Law Enforcement
  460  Protection Act under s. 775.0823(2), (3), (4), (5), (6), (7),
  461  (8), or (9), and the subtotal of the offender’s sentence points
  462  is multiplied pursuant to former s. 921.0014 or s. 921.0024;
  463         (l) Are serving a sentence for an offense committed on or
  464  after January 1, 1994, for possession of a firearm,
  465  semiautomatic firearm, or machine gun in which additional points
  466  are added to the subtotal of the offender’s sentence points
  467  pursuant to former s. 921.0014 or s. 921.0024; or
  468         (m) Are convicted, or have been previously convicted, of
  469  committing or attempting to commit manslaughter, kidnapping,
  470  robbery, carjacking, home-invasion robbery, or a burglary under
  471  s. 810.02(2).
  472  
  473  In making control release eligibility determinations under this
  474  subsection, the authority may rely on any document leading to or
  475  generated during the course of the criminal proceedings,
  476  including, but not limited to, any presentence or postsentence
  477  investigation or any information contained in arrest reports
  478  relating to circumstances of the offense.
  479         Section 9. This act shall take effect October 1, 2012.
  480  
  481  ================= T I T L E  A M E N D M E N T ================
  482  And the title is amended as follows:
  483  
  484         Delete everything before the enacting clause
  485  and insert:
  486                        A bill to be entitled                      
  487         An act relating to murder; providing a short title;
  488         amending s. 782.04, F.S.; providing that the unlawful
  489         killing of a human being when committed by a person
  490         engaged in the perpetration of, or in the attempt to
  491         perpetrate, the offense of aggravated fleeing or
  492         eluding with serious bodily injury or death is murder
  493         of a specified degree, dependent upon certain
  494         circumstances; amending s. 782.065, F.S.; requiring
  495         life imprisonment for defendants convicted of
  496         specified offenses where the victim is a correctional
  497         or correctional probation officer or a related type of
  498         officer; amending s. 921.0022, F.S.; revising
  499         provisions of the offense severity ranking chart of
  500         the Criminal Punishment Code to conform to changes
  501         made by the act; reenacting ss. 775.0823, 782.051,
  502         782.065, and 947.146(3), F.S., relating to violent
  503         offenses committed against law enforcement officers
  504         and others, attempted felony murder, murder of a law
  505         enforcement officer, and the Control Release
  506         Authority, respectively, to incorporate the amendment
  507         made to s. 782.04, F.S., in references thereto;
  508         providing an effective date.