Florida Senate - 2012 COMMITTEE AMENDMENT
Bill No. SB 872
Barcode 718770
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
01/25/2012 .
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The Committee on Criminal Justice (Bennett) recommended 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 felony,
44 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 is guilty
85 of murder in the second degree, which constitutes a felony of
86 the first degree, punishable by imprisonment for a term of years
87 not exceeding life or as provided in s. 775.082, s. 775.083, or
88 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. Paragraphs (h) and (i) of subsection (3) of
139 section 921.0022, Florida Statutes, are amended to read:
140 921.0022 Criminal Punishment Code; offense severity ranking
141 chart.—
142 (3) OFFENSE SEVERITY RANKING CHART
143 (h) LEVEL 8
144
145 FloridaStatute FelonyDegree Description
146 316.193 (3)(c)3.a. 2nd DUI manslaughter.
147 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
148 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
149 499.0051(7) 1st Knowing trafficking in contraband prescription drugs.
150 499.0051(8) 1st Knowing forgery of prescription labels or prescription drug labels.
151 560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
152 560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
153 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
154 777.03(2)(a) 1st Accessory after the fact, capital felony.
155 782.04(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 with serious bodily injury or death, aircraft piracy, or unlawfully discharging bomb.
156 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
157 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
158 782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
159 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
160 794.011(5) 2nd Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
161 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
162 800.04(4) 2nd Lewd or lascivious battery.
163 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
164 810.02(2)(a) 1st,PBL Burglary with assault or battery.
165 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
166 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
167 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
168 812.13(2)(b) 1st Robbery with a weapon.
169 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
170 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
171 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult.
172 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
173 825.103(2)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
174 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
175 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
176 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
177 860.16 1st Aircraft piracy.
178 893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
179 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
180 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
181 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
182 893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
183 893.135 (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
184 893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
185 893.135 (1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
186 893.135 (1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
187 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
188 893.135 (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
189 893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
190 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
191 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there.
192 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
193 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
194 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
195 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
196 896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
197 (i) LEVEL 9
198 FloridaStatute FelonyDegree Description
199 316.193 (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
200 327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
201 409.920 (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
202 499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
203 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
204 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
205 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
206 775.0844 1st Aggravated white collar crime.
207 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
208 782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, aggravated fleeing or eluding with serious bodily injury or death, and other specified felonies.
209 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
210 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
211 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
212 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
213 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
214 787.02(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.
215 790.161 1st Attempted capital destructive device offense.
216 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
217 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
218 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
219 794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
220 794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
221 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
222 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
223 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
224 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
225 812.135(2)(b) 1st Home-invasion robbery with weapon.
226 817.568(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.
227 827.03(2) 1st Aggravated child abuse.
228 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
229 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
230 859.01 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.
231 893.135 1st Attempted capital trafficking offense.
232 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
233 893.135 (1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
234 893.135 (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
235 893.135 (1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
236 893.135 (1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
237 893.135 (1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
238 893.135 (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
239 893.135 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
240 893.135 (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
241 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
242 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
243 Section 4. For the purpose of incorporating the amendment
244 made by this act to section 782.04, Florida Statutes, in a
245 reference thereto, section 775.0823, Florida Statutes, is
246 reenacted to read:
247 775.0823 Violent offenses committed against law enforcement
248 officers, correctional officers, state attorneys, assistant
249 state attorneys, justices, or judges.—The Legislature does
250 hereby provide for an increase and certainty of penalty for any
251 person convicted of a violent offense against any law
252 enforcement or correctional officer, as defined in s. 943.10(1),
253 (2), (3), (6), (7), (8), or (9); against any state attorney
254 elected pursuant to s. 27.01 or assistant state attorney
255 appointed under s. 27.181; or against any justice or judge of a
256 court described in Art. V of the State Constitution, which
257 offense arises out of or in the scope of the officer’s duty as a
258 law enforcement or correctional officer, the state attorney’s or
259 assistant state attorney’s duty as a prosecutor or investigator,
260 or the justice’s or judge’s duty as a judicial officer, as
261 follows:
262 (1) For murder in the first degree as described in s.
263 782.04(1), if the death sentence is not imposed, a sentence of
264 imprisonment for life without eligibility for release.
265 (2) For attempted murder in the first degree as described
266 in s. 782.04(1), a sentence pursuant to s. 775.082, s. 775.083,
267 or s. 775.084.
268 (3) For attempted felony murder as described in s. 782.051,
269 a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
270 (4) For murder in the second degree as described in s.
271 782.04(2) and (3), a sentence pursuant to s. 775.082, s.
272 775.083, or s. 775.084.
273 (5) For attempted murder in the second degree as described
274 in s. 782.04(2) and (3), a sentence pursuant to s. 775.082, s.
275 775.083, or s. 775.084.
276 (6) For murder in the third degree as described in s.
277 782.04(4), a sentence pursuant to s. 775.082, s. 775.083, or s.
278 775.084.
279 (7) For attempted murder in the third degree as described
280 in s. 782.04(4), a sentence pursuant to s. 775.082, s. 775.083,
281 or s. 775.084.
282 (8) For manslaughter as described in s. 782.07 during the
283 commission of a crime, a sentence pursuant to s. 775.082, s.
284 775.083, or s. 775.084.
285 (9) For kidnapping as described in s. 787.01, a sentence
286 pursuant to s. 775.082, s. 775.083, or s. 775.084.
287 (10) For aggravated battery as described in s. 784.045, a
288 sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
289 (11) For aggravated assault as described in s. 784.021, a
290 sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
291
292 Notwithstanding the provisions of s. 948.01, with respect to any
293 person who is found to have violated this section, adjudication
294 of guilt or imposition of sentence shall not be suspended,
295 deferred, or withheld.
296 Section 5. For the purpose of incorporating the amendment
297 made by this act to section 782.04, Florida Statutes, in a
298 reference thereto, section 782.051, Florida Statutes, is
299 reenacted to read:
300 782.051 Attempted felony murder.—
301 (1) Any person who perpetrates or attempts to perpetrate
302 any felony enumerated in s. 782.04(3) and who commits, aids, or
303 abets an intentional act that is not an essential element of the
304 felony and that could, but does not, cause the death of another
305 commits a felony of the first degree, punishable by imprisonment
306 for a term of years not exceeding life, or as provided in s.
307 775.082, s. 775.083, or s. 775.084, which is an offense ranked
308 in level 9 of the Criminal Punishment Code. Victim injury points
309 shall be scored under this subsection.
310 (2) Any person who perpetrates or attempts to perpetrate
311 any felony other than a felony enumerated in s. 782.04(3) and
312 who commits, aids, or abets an intentional act that is not an
313 essential element of the felony and that could, but does not,
314 cause the death of another commits a felony of the first degree,
315 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
316 which is an offense ranked in level 8 of the Criminal Punishment
317 Code. Victim injury points shall be scored under this
318 subsection.
319 (3) When a person is injured during the perpetration of or
320 the attempt to perpetrate any felony enumerated in s. 782.04(3)
321 by a person other than the person engaged in the perpetration of
322 or the attempt to perpetrate such felony, the person
323 perpetrating or attempting to perpetrate such felony commits a
324 felony of the second degree, punishable as provided in s.
325 775.082, s. 775.083, or s. 775.084, which is an offense ranked
326 in level 7 of the Criminal Punishment Code. Victim injury points
327 shall be scored under this subsection.
328 Section 6. For the purpose of incorporating the amendment
329 made by this act to section 782.04, Florida Statutes, in a
330 reference thereto, section 782.065, Florida Statutes, is
331 reenacted to read:
332 782.065 Murder; law enforcement officer.—Notwithstanding
333 ss. 775.082, 775.0823, 782.04, 782.051, and chapter 921, a
334 defendant shall be sentenced to life imprisonment without
335 eligibility for release upon findings by the trier of fact that,
336 beyond a reasonable doubt:
337 (1) The defendant committed murder in the first degree in
338 violation of s. 782.04(1) and a death sentence was not imposed;
339 murder in the second or third degree in violation of s.
340 782.04(2), (3), or (4); attempted murder in the first or second
341 degree in violation of s. 782.04(1)(a)1. or (2); or attempted
342 felony murder in violation of s. 782.051; and
343 (2) The victim of any offense described in subsection (1)
344 was a law enforcement officer, part-time law enforcement
345 officer, or auxiliary law enforcement officer, as those terms
346 are defined in s. 943.10, engaged in the lawful performance of a
347 legal duty.
348 Section 7. For the purpose of incorporating the amendment
349 made by this act to section 782.04, Florida Statutes, in a
350 reference thereto, subsection (3) of section 947.146, Florida
351 Statutes, is reenacted to read:
352 947.146 Control Release Authority.—
353 (3) Within 120 days prior to the date the state
354 correctional system is projected pursuant to s. 216.136 to
355 exceed 99 percent of total capacity, the authority shall
356 determine eligibility for and establish a control release date
357 for an appropriate number of parole ineligible inmates committed
358 to the department and incarcerated within the state who have
359 been determined by the authority to be eligible for
360 discretionary early release pursuant to this section. In
361 establishing control release dates, it is the intent of the
362 Legislature that the authority prioritize consideration of
363 eligible inmates closest to their tentative release date. The
364 authority shall rely upon commitment data on the offender
365 information system maintained by the department to initially
366 identify inmates who are to be reviewed for control release
367 consideration. The authority may use a method of objective risk
368 assessment in determining if an eligible inmate should be
369 released. Such assessment shall be a part of the department’s
370 management information system. However, the authority shall have
371 sole responsibility for determining control release eligibility,
372 establishing a control release date, and effectuating the
373 release of a sufficient number of inmates to maintain the inmate
374 population between 99 percent and 100 percent of total capacity.
375 Inmates who are ineligible for control release are inmates who
376 are parole eligible or inmates who:
377 (a) Are serving a sentence that includes a mandatory
378 minimum provision for a capital offense or drug trafficking
379 offense and have not served the number of days equal to the
380 mandatory minimum term less any jail-time credit awarded by the
381 court;
382 (b) Are serving the mandatory minimum portion of a sentence
383 enhanced under s. 775.087(2) or (3), or s. 784.07(3);
384 (c) Are convicted, or have been previously convicted, of
385 committing or attempting to commit sexual battery, incest, or
386 any of the following lewd or indecent assaults or acts:
387 masturbating in public; exposing the sexual organs in a
388 perverted manner; or nonconsensual handling or fondling of the
389 sexual organs of another person;
390 (d) Are convicted, or have been previously convicted, of
391 committing or attempting to commit assault, aggravated assault,
392 battery, or aggravated battery, and a sex act was attempted or
393 completed during commission of such offense;
394 (e) Are convicted, or have been previously convicted, of
395 committing or attempting to commit kidnapping, burglary, or
396 murder, and the offense was committed with the intent to commit
397 sexual battery or a sex act was attempted or completed during
398 commission of the offense;
399 (f) Are convicted, or have been previously convicted, of
400 committing or attempting to commit false imprisonment upon a
401 child under the age of 13 and, in the course of committing the
402 offense, the inmate committed aggravated child abuse, sexual
403 battery against the child, or a lewd or lascivious offense
404 committed upon or in the presence of a person less than 16 years
405 of age;
406 (g) Are sentenced, have previously been sentenced, or have
407 been sentenced at any time under s. 775.084, or have been
408 sentenced at any time in another jurisdiction as a habitual
409 offender;
410 (h) Are convicted, or have been previously convicted, of
411 committing or attempting to commit assault, aggravated assault,
412 battery, aggravated battery, kidnapping, manslaughter, or murder
413 against an officer as defined in s. 943.10(1), (2), (3), (6),
414 (7), (8), or (9); against a state attorney or assistant state
415 attorney; or against a justice or judge of a court described in
416 Art. V of the State Constitution; or against an officer, judge,
417 or state attorney employed in a comparable position by any other
418 jurisdiction; or
419 (i) Are convicted, or have been previously convicted, of
420 committing or attempting to commit murder in the first, second,
421 or third degree under s. 782.04(1), (2), (3), or (4), or have
422 ever been convicted of any degree of murder or attempted murder
423 in another jurisdiction;
424 (j) Are convicted, or have been previously convicted, of
425 DUI manslaughter under s. 316.193(3)(c)3., and are sentenced, or
426 have been sentenced at any time, as a habitual offender for such
427 offense, or have been sentenced at any time in another
428 jurisdiction as a habitual offender for such offense;
429 (k)1. Are serving a sentence for an offense committed on or
430 after January 1, 1994, for a violation of the Law Enforcement
431 Protection Act under s. 775.0823(2), (3), (4), (5), or (6), and
432 the subtotal of the offender’s sentence points is multiplied
433 pursuant to former s. 921.0014 or s. 921.0024;
434 2. Are serving a sentence for an offense committed on or
435 after October 1, 1995, for a violation of the Law Enforcement
436 Protection Act under s. 775.0823(2), (3), (4), (5), (6), (7),
437 (8), or (9), and the subtotal of the offender’s sentence points
438 is multiplied pursuant to former s. 921.0014 or s. 921.0024;
439 (l) Are serving a sentence for an offense committed on or
440 after January 1, 1994, for possession of a firearm,
441 semiautomatic firearm, or machine gun in which additional points
442 are added to the subtotal of the offender’s sentence points
443 pursuant to former s. 921.0014 or s. 921.0024; or
444 (m) Are convicted, or have been previously convicted, of
445 committing or attempting to commit manslaughter, kidnapping,
446 robbery, carjacking, home-invasion robbery, or a burglary under
447 s. 810.02(2).
448
449 In making control release eligibility determinations under this
450 subsection, the authority may rely on any document leading to or
451 generated during the course of the criminal proceedings,
452 including, but not limited to, any presentence or postsentence
453 investigation or any information contained in arrest reports
454 relating to circumstances of the offense.
455 Section 8. This act shall take effect October 1, 2012.
456
457 ================= T I T L E A M E N D M E N T ================
458 And the title is amended as follows:
459 Delete everything before the enacting clause
460 and insert:
461 A bill to be entitled
462 An act relating to murder; amending s. 782.04, F.S.;
463 providing that the unlawful killing of a human being
464 when committed by a person engaged in the perpetration
465 of, or in the attempt to perpetrate, the offense of
466 aggravated fleeing or eluding with serious bodily
467 injury or death, is murder of a specified degree,
468 dependent upon certain circumstances; amending s.
469 921.0022, F.S.; revising provisions of the offense
470 severity ranking chart of the Criminal Punishment Code
471 to conform to changes made by the act; reenacting ss.
472 775.0823, 782.051, 782.065, and 947.146(3), F.S.,
473 relating to violent offenses committed against law
474 enforcement officers and others, attempted felony
475 murder, murder of a law enforcement officer, and the
476 Control Release Authority, respectively, to
477 incorporate the amendments made to s. 782.04, F.S., in
478 references thereto; providing an effective date.