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.