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.