Florida Senate - 2012                                     SB 872
       
       
       
       By Senator Fasano
       
       
       
       
       11-00671-12                                            2012872__
    1                        A bill to be entitled                      
    2         An act relating to murder; amending s. 782.04, F.S.;
    3         providing that the unlawful killing of a human being
    4         when committed by a person engaged in the perpetration
    5         of, or in the attempt to perpetrate, the offense of
    6         aggravated fleeing or eluding, is murder of a
    7         specified degree, dependent upon certain
    8         circumstances; amending s. 921.0022, F.S.; revising
    9         provisions of the offense severity ranking chart of
   10         the Criminal Punishment Code to conform to changes
   11         made by the act; reenacting ss. 775.0823, 782.051,
   12         782.065, and 947.146(3), F.S., relating to violent
   13         offenses committed against law enforcement officers
   14         and others, attempted felony murder, murder of a law
   15         enforcement officer, and the Control Release
   16         Authority, respectively, to incorporate the amendments
   17         made to s. 782.04, F.S., in references thereto;
   18         providing an effective date.
   19  
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Section 782.04, Florida Statutes, is amended to
   23  read:
   24         782.04 Murder.—
   25         (1)(a) The unlawful killing of a human being:
   26         1. When perpetrated from a premeditated design to effect
   27  the death of the person killed or any human being;
   28         2. When committed by a person engaged in the perpetration
   29  of, or in the attempt to perpetrate, any:
   30         a. Trafficking offense prohibited by s. 893.135(1),
   31         b. Arson,
   32         c. Sexual battery,
   33         d. Robbery,
   34         e. Burglary,
   35         f. Kidnapping,
   36         g. Escape,
   37         h. Aggravated child abuse,
   38         i. Aggravated abuse of an elderly person or disabled adult,
   39         j. Aircraft piracy,
   40         k. Unlawful throwing, placing, or discharging of a
   41  destructive device or bomb,
   42         l. Carjacking,
   43         m. Home-invasion robbery,
   44         n. Aggravated stalking,
   45         o. Murder of another human being,
   46         p. Resisting an officer with violence to his or her person,
   47         q. Aggravated fleeing or eluding,
   48         r.q. Felony that is an act of terrorism or is in
   49  furtherance of an act of terrorism; or
   50         3. Which resulted from the unlawful distribution of any
   51  substance controlled under s. 893.03(1), cocaine as described in
   52  s. 893.03(2)(a)4., opium or any synthetic or natural salt,
   53  compound, derivative, or preparation of opium, or methadone by a
   54  person 18 years of age or older, when such drug is proven to be
   55  the proximate cause of the death of the user,
   56  
   57  is murder in the first degree and constitutes a capital felony,
   58  punishable as provided in s. 775.082.
   59         (b) In all cases under this section, the procedure set
   60  forth in s. 921.141 shall be followed in order to determine
   61  sentence of death or life imprisonment.
   62         (2) The unlawful killing of a human being, when perpetrated
   63  by any act imminently dangerous to another and evincing a
   64  depraved mind regardless of human life, although without any
   65  premeditated design to effect the death of any particular
   66  individual, is murder in the second degree and constitutes a
   67  felony of the first degree, punishable by imprisonment for a
   68  term of years not exceeding life or as provided in s. 775.082,
   69  s. 775.083, or s. 775.084.
   70         (3) When a human being person is killed during in the
   71  perpetration of, or during in the attempt to perpetrate, any:
   72         (a) Trafficking offense prohibited by s. 893.135(1),
   73         (b) Arson,
   74         (c) Sexual battery,
   75         (d) Robbery,
   76         (e) Burglary,
   77         (f) Kidnapping,
   78         (g) Escape,
   79         (h) Aggravated child abuse,
   80         (i) Aggravated abuse of an elderly person or disabled
   81  adult,
   82         (j) Aircraft piracy,
   83         (k) Unlawful throwing, placing, or discharging of a
   84  destructive device or bomb,
   85         (l) Carjacking,
   86         (m) Home-invasion robbery,
   87         (n) Aggravated stalking,
   88         (o) Murder of another human being,
   89         (p) Aggravated fleeing or eluding,
   90         (q)(p) Resisting an officer with violence to his or her
   91  person, or
   92         (r)(q) Felony that is an act of terrorism or is in
   93  furtherance of an act of terrorism,
   94  
   95  by a person other than the person engaged in the perpetration of
   96  or in the attempt to perpetrate such felony, the person
   97  perpetrating or attempting to perpetrate such felony is guilty
   98  of murder in the second degree, which constitutes a felony of
   99  the first degree, punishable by imprisonment for a term of years
  100  not exceeding life or as provided in s. 775.082, s. 775.083, or
  101  s. 775.084.
  102         (4) The unlawful killing of a human being, when perpetrated
  103  without any design to effect death, by a person engaged in the
  104  perpetration of, or in the attempt to perpetrate, any felony
  105  other than any:
  106         (a) Trafficking offense prohibited by s. 893.135(1),
  107         (b) Arson,
  108         (c) Sexual battery,
  109         (d) Robbery,
  110         (e) Burglary,
  111         (f) Kidnapping,
  112         (g) Escape,
  113         (h) Aggravated child abuse,
  114         (i) Aggravated abuse of an elderly person or disabled
  115  adult,
  116         (j) Aircraft piracy,
  117         (k) Unlawful throwing, placing, or discharging of a
  118  destructive device or bomb,
  119         (l) Unlawful distribution of any substance controlled under
  120  s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or
  121  opium or any synthetic or natural salt, compound, derivative, or
  122  preparation of opium by a person 18 years of age or older, when
  123  such drug is proven to be the proximate cause of the death of
  124  the user,
  125         (m) Carjacking,
  126         (n) Home-invasion robbery,
  127         (o) Aggravated stalking,
  128         (p) Murder of another human being,
  129         (q) Aggravated fleeing or eluding,
  130         (r)(q) Resisting an officer with violence to his or her
  131  person, or
  132         (s)(r) Felony that is an act of terrorism or is in
  133  furtherance of an act of terrorism,
  134  
  135  is murder in the third degree and constitutes a felony of the
  136  second degree, punishable as provided in s. 775.082, s. 775.083,
  137  or s. 775.084.
  138         (5) As used in this section, the term “terrorism” means an
  139  activity that:
  140         (a)1. Involves a violent act or an act dangerous to human
  141  life which is a violation of the criminal laws of this state or
  142  of the United States; or
  143         2. Involves a violation of s. 815.06; and
  144         (b) Is intended to:
  145         1. Intimidate, injure, or coerce a civilian population;
  146         2. Influence the policy of a government by intimidation or
  147  coercion; or
  148         3. Affect the conduct of government through destruction of
  149  property, assassination, murder, kidnapping, or aircraft piracy.
  150         Section 2. Paragraphs (h) and (i) of subsection (3) of
  151  section 921.0022, Florida Statutes, are amended to read:
  152         921.0022 Criminal Punishment Code; offense severity ranking
  153  chart.—
  154         (3) OFFENSE SEVERITY RANKING CHART
  155         (h) LEVEL 8
  156  FloridaStatute   FelonyDegree                Description                
  157  316.193 (3)(c)3.a.   2nd   DUI manslaughter.                          
  158  316.1935(4)(b)      1st   Aggravated fleeing or attempted eluding with serious bodily injury or death.
  159  327.35(3)(c)3.      2nd   Vessel BUI manslaughter.                   
  160  499.0051(7)         1st   Knowing trafficking in contraband prescription drugs.
  161  499.0051(8)         1st   Knowing forgery of prescription labels or prescription drug labels.
  162  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.
  163  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.
  164  655.50(10)(b)2.     2nd   Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
  165  777.03(2)(a)        1st   Accessory after the fact, capital felony.  
  166  782.04(4)           2nd   Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aggravated fleeing or eluding, aircraft piracy, or unlawfully discharging bomb.
  167  782.051(2)          1st   Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
  168  782.071(1)(b)       1st   Committing vehicular homicide and failing to render aid or give information.
  169  782.072(2)          1st   Committing vessel homicide and failing to render aid or give information.
  170  790.161(3)          1st   Discharging a destructive device which results in bodily harm or property damage.
  171  794.011(5)          2nd   Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
  172  794.08(3)           2nd   Female genital mutilation, removal of a victim younger than 18 years of age from this state.
  173  800.04(4)           2nd   Lewd or lascivious battery.                
  174  806.01(1)           1st   Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
  175  810.02(2)(a)      1st,PBL Burglary with assault or battery.          
  176  810.02(2)(b)      1st,PBL Burglary; armed with explosives or dangerous weapon.
  177  810.02(2)(c)        1st   Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
  178  812.014(2)(a)2.     1st   Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
  179  812.13(2)(b)        1st   Robbery with a weapon.                     
  180  812.135(2)(c)       1st   Home-invasion robbery, no firearm, deadly weapon, or other weapon.
  181  817.568(6)          2nd   Fraudulent use of personal identification information of an individual under the age of 18.
  182  825.102(2)          1st   Aggravated abuse of an elderly person or disabled adult.
  183  825.1025(2)         2nd   Lewd or lascivious battery upon an elderly person or disabled adult.
  184  825.103(2)(a)       1st   Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
  185  837.02(2)           2nd   Perjury in official proceedings relating to prosecution of a capital felony.
  186  837.021(2)          2nd   Making contradictory statements in official proceedings relating to prosecution of a capital felony.
  187  860.121(2)(c)       1st   Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
  188  860.16              1st   Aircraft piracy.                           
  189  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).
  190  893.13(2)(b)        1st   Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  191  893.13(6)(c)        1st   Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  192  893.135(1)(a)2.     1st   Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
  193  893.135 (1)(b)1.b.   1st   Trafficking in cocaine, more than 200 grams, less than 400 grams.
  194  893.135 (1)(c)1.b.   1st   Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
  195  893.135 (1)(d)1.b.   1st   Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
  196  893.135 (1)(e)1.b.   1st   Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
  197  893.135 (1)(f)1.b.   1st   Trafficking in amphetamine, more than 28 grams, less than 200 grams.
  198  893.135 (1)(g)1.b.   1st   Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
  199  893.135 (1)(h)1.b.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
  200  893.135 (1)(j)1.b.   1st   Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
  201  893.135 (1)(k)2.b.   1st   Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
  202  893.1351(3)         1st   Possession of a place used to manufacture controlled substance when minor is present or resides there.
  203  895.03(1)           1st   Use or invest proceeds derived from pattern of racketeering activity.
  204  895.03(2)           1st   Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
  205  895.03(3)           1st   Conduct or participate in any enterprise through pattern of racketeering activity.
  206  896.101(5)(b)       2nd   Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
  207  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.
  208         (i) LEVEL 9
  209  FloridaStatute    FelonyDegree               Description                
  210  316.193 (3)(c)3.b.   1st   DUI manslaughter; failing to render aid or give information.
  211  327.35(3)(c)3.b.     1st   BUI manslaughter; failing to render aid or give information.
  212  409.920 (2)(b)1.c.   1st   Medicaid provider fraud; $50,000 or more. 
  213  499.0051(9)          1st   Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
  214  560.123(8)(b)3.      1st   Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
  215  560.125(5)(c)        1st   Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
  216  655.50(10)(b)3.      1st   Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
  217  775.0844             1st   Aggravated white collar crime.            
  218  782.04(1)            1st   Attempt, conspire, or solicit to commit premeditated murder.
  219  782.04(3)          1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, aggravated fleeing or eluding, and other specified felonies.
  220  782.051(1)           1st   Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
  221  782.07(2)            1st   Aggravated manslaughter of an elderly person or disabled adult.
  222  787.01(1)(a)1.     1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
  223  787.01(1)(a)2.     1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
  224  787.01(1)(a)4.     1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
  225  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.
  226  790.161              1st   Attempted capital destructive device offense.
  227  790.166(2)         1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
  228  794.011(2)           1st   Attempted sexual battery; victim less than 12 years of age.
  229  794.011(2)          Life   Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
  230  794.011(4)           1st   Sexual battery; victim 12 years or older, certain circumstances.
  231  794.011(8)(b)        1st   Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
  232  794.08(2)            1st   Female genital mutilation; victim younger than 18 years of age.
  233  800.04(5)(b)        Life   Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
  234  812.13(2)(a)       1st,PBL Robbery with firearm or other deadly weapon.
  235  812.133(2)(a)      1st,PBL Carjacking; firearm or other deadly weapon.
  236  812.135(2)(b)        1st   Home-invasion robbery with weapon.        
  237  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.
  238  827.03(2)            1st   Aggravated child abuse.                   
  239  847.0145(1)          1st   Selling, or otherwise transferring custody or control, of a minor.
  240  847.0145(2)          1st   Purchasing, or otherwise obtaining custody or control, of a minor.
  241  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.
  242  893.135              1st   Attempted capital trafficking offense.    
  243  893.135(1)(a)3.      1st   Trafficking in cannabis, more than 10,000 lbs.
  244  893.135 (1)(b)1.c.   1st   Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
  245  893.135 (1)(c)1.c.   1st   Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
  246  893.135 (1)(d)1.c.   1st   Trafficking in phencyclidine, more than 400 grams.
  247  893.135 (1)(e)1.c.   1st   Trafficking in methaqualone, more than 25 kilograms.
  248  893.135 (1)(f)1.c.   1st   Trafficking in amphetamine, more than 200 grams.
  249  893.135 (1)(h)1.c.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
  250  893.135 (1)(j)1.c.   1st   Trafficking in 1,4-Butanediol, 10 kilograms or more.
  251  893.135 (1)(k)2.c.   1st   Trafficking in Phenethylamines, 400 grams or more.
  252  896.101(5)(c)        1st   Money laundering, financial instruments totaling or exceeding $100,000.
  253  896.104(4)(a)3.      1st   Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
  254         Section 3. For the purpose of incorporating the amendment
  255  made by this act to section 782.04, Florida Statutes, in a
  256  reference thereto, section 775.0823, Florida Statutes, is
  257  reenacted to read:
  258         775.0823 Violent offenses committed against law enforcement
  259  officers, correctional officers, state attorneys, assistant
  260  state attorneys, justices, or judges.—The Legislature does
  261  hereby provide for an increase and certainty of penalty for any
  262  person convicted of a violent offense against any law
  263  enforcement or correctional officer, as defined in s. 943.10(1),
  264  (2), (3), (6), (7), (8), or (9); against any state attorney
  265  elected pursuant to s. 27.01 or assistant state attorney
  266  appointed under s. 27.181; or against any justice or judge of a
  267  court described in Art. V of the State Constitution, which
  268  offense arises out of or in the scope of the officer’s duty as a
  269  law enforcement or correctional officer, the state attorney’s or
  270  assistant state attorney’s duty as a prosecutor or investigator,
  271  or the justice’s or judge’s duty as a judicial officer, as
  272  follows:
  273         (1) For murder in the first degree as described in s.
  274  782.04(1), if the death sentence is not imposed, a sentence of
  275  imprisonment for life without eligibility for release.
  276         (2) For attempted murder in the first degree as described
  277  in s. 782.04(1), a sentence pursuant to s. 775.082, s. 775.083,
  278  or s. 775.084.
  279         (3) For attempted felony murder as described in s. 782.051,
  280  a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
  281         (4) For murder in the second degree as described in s.
  282  782.04(2) and (3), a sentence pursuant to s. 775.082, s.
  283  775.083, or s. 775.084.
  284         (5) For attempted murder in the second degree as described
  285  in s. 782.04(2) and (3), a sentence pursuant to s. 775.082, s.
  286  775.083, or s. 775.084.
  287         (6) For murder in the third degree as described in s.
  288  782.04(4), a sentence pursuant to s. 775.082, s. 775.083, or s.
  289  775.084.
  290         (7) For attempted murder in the third degree as described
  291  in s. 782.04(4), a sentence pursuant to s. 775.082, s. 775.083,
  292  or s. 775.084.
  293         (8) For manslaughter as described in s. 782.07 during the
  294  commission of a crime, a sentence pursuant to s. 775.082, s.
  295  775.083, or s. 775.084.
  296         (9) For kidnapping as described in s. 787.01, a sentence
  297  pursuant to s. 775.082, s. 775.083, or s. 775.084.
  298         (10) For aggravated battery as described in s. 784.045, a
  299  sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
  300         (11) For aggravated assault as described in s. 784.021, a
  301  sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
  302  
  303  Notwithstanding the provisions of s. 948.01, with respect to any
  304  person who is found to have violated this section, adjudication
  305  of guilt or imposition of sentence shall not be suspended,
  306  deferred, or withheld.
  307         Section 4. For the purpose of incorporating the amendment
  308  made by this act to section 782.04, Florida Statutes, in a
  309  reference thereto, section 782.051, Florida Statutes, is
  310  reenacted to read:
  311         782.051 Attempted felony murder.—
  312         (1) Any person who perpetrates or attempts to perpetrate
  313  any felony enumerated in s. 782.04(3) and who commits, aids, or
  314  abets an intentional act that is not an essential element of the
  315  felony and that could, but does not, cause the death of another
  316  commits a felony of the first degree, punishable by imprisonment
  317  for a term of years not exceeding life, or as provided in s.
  318  775.082, s. 775.083, or s. 775.084, which is an offense ranked
  319  in level 9 of the Criminal Punishment Code. Victim injury points
  320  shall be scored under this subsection.
  321         (2) Any person who perpetrates or attempts to perpetrate
  322  any felony other than a felony enumerated in s. 782.04(3) and
  323  who commits, aids, or abets an intentional act that is not an
  324  essential element of the felony and that could, but does not,
  325  cause the death of another commits a felony of the first degree,
  326  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
  327  which is an offense ranked in level 8 of the Criminal Punishment
  328  Code. Victim injury points shall be scored under this
  329  subsection.
  330         (3) When a person is injured during the perpetration of or
  331  the attempt to perpetrate any felony enumerated in s. 782.04(3)
  332  by a person other than the person engaged in the perpetration of
  333  or the attempt to perpetrate such felony, the person
  334  perpetrating or attempting to perpetrate such felony commits a
  335  felony of the second degree, punishable as provided in s.
  336  775.082, s. 775.083, or s. 775.084, which is an offense ranked
  337  in level 7 of the Criminal Punishment Code. Victim injury points
  338  shall be scored under this subsection.
  339         Section 5. For the purpose of incorporating the amendment
  340  made by this act to section 782.04, Florida Statutes, in a
  341  reference thereto, section 782.065, Florida Statutes, is
  342  reenacted to read:
  343         782.065 Murder; law enforcement officer.—Notwithstanding
  344  ss. 775.082, 775.0823, 782.04, 782.051, and chapter 921, a
  345  defendant shall be sentenced to life imprisonment without
  346  eligibility for release upon findings by the trier of fact that,
  347  beyond a reasonable doubt:
  348         (1) The defendant committed murder in the first degree in
  349  violation of s. 782.04(1) and a death sentence was not imposed;
  350  murder in the second or third degree in violation of s.
  351  782.04(2), (3), or (4); attempted murder in the first or second
  352  degree in violation of s. 782.04(1)(a)1. or (2); or attempted
  353  felony murder in violation of s. 782.051; and
  354         (2) The victim of any offense described in subsection (1)
  355  was a law enforcement officer, part-time law enforcement
  356  officer, or auxiliary law enforcement officer, as those terms
  357  are defined in s. 943.10, engaged in the lawful performance of a
  358  legal duty.
  359         Section 6. For the purpose of incorporating the amendment
  360  made by this act to section 782.04, Florida Statutes, in a
  361  reference thereto, subsection (3) of section 947.146, Florida
  362  Statutes, is reenacted to read:
  363         947.146 Control Release Authority.—
  364         (3) Within 120 days prior to the date the state
  365  correctional system is projected pursuant to s. 216.136 to
  366  exceed 99 percent of total capacity, the authority shall
  367  determine eligibility for and establish a control release date
  368  for an appropriate number of parole ineligible inmates committed
  369  to the department and incarcerated within the state who have
  370  been determined by the authority to be eligible for
  371  discretionary early release pursuant to this section. In
  372  establishing control release dates, it is the intent of the
  373  Legislature that the authority prioritize consideration of
  374  eligible inmates closest to their tentative release date. The
  375  authority shall rely upon commitment data on the offender
  376  information system maintained by the department to initially
  377  identify inmates who are to be reviewed for control release
  378  consideration. The authority may use a method of objective risk
  379  assessment in determining if an eligible inmate should be
  380  released. Such assessment shall be a part of the department’s
  381  management information system. However, the authority shall have
  382  sole responsibility for determining control release eligibility,
  383  establishing a control release date, and effectuating the
  384  release of a sufficient number of inmates to maintain the inmate
  385  population between 99 percent and 100 percent of total capacity.
  386  Inmates who are ineligible for control release are inmates who
  387  are parole eligible or inmates who:
  388         (a) Are serving a sentence that includes a mandatory
  389  minimum provision for a capital offense or drug trafficking
  390  offense and have not served the number of days equal to the
  391  mandatory minimum term less any jail-time credit awarded by the
  392  court;
  393         (b) Are serving the mandatory minimum portion of a sentence
  394  enhanced under s. 775.087(2) or (3), or s. 784.07(3);
  395         (c) Are convicted, or have been previously convicted, of
  396  committing or attempting to commit sexual battery, incest, or
  397  any of the following lewd or indecent assaults or acts:
  398  masturbating in public; exposing the sexual organs in a
  399  perverted manner; or nonconsensual handling or fondling of the
  400  sexual organs of another person;
  401         (d) Are convicted, or have been previously convicted, of
  402  committing or attempting to commit assault, aggravated assault,
  403  battery, or aggravated battery, and a sex act was attempted or
  404  completed during commission of such offense;
  405         (e) Are convicted, or have been previously convicted, of
  406  committing or attempting to commit kidnapping, burglary, or
  407  murder, and the offense was committed with the intent to commit
  408  sexual battery or a sex act was attempted or completed during
  409  commission of the offense;
  410         (f) Are convicted, or have been previously convicted, of
  411  committing or attempting to commit false imprisonment upon a
  412  child under the age of 13 and, in the course of committing the
  413  offense, the inmate committed aggravated child abuse, sexual
  414  battery against the child, or a lewd or lascivious offense
  415  committed upon or in the presence of a person less than 16 years
  416  of age;
  417         (g) Are sentenced, have previously been sentenced, or have
  418  been sentenced at any time under s. 775.084, or have been
  419  sentenced at any time in another jurisdiction as a habitual
  420  offender;
  421         (h) Are convicted, or have been previously convicted, of
  422  committing or attempting to commit assault, aggravated assault,
  423  battery, aggravated battery, kidnapping, manslaughter, or murder
  424  against an officer as defined in s. 943.10(1), (2), (3), (6),
  425  (7), (8), or (9); against a state attorney or assistant state
  426  attorney; or against a justice or judge of a court described in
  427  Art. V of the State Constitution; or against an officer, judge,
  428  or state attorney employed in a comparable position by any other
  429  jurisdiction; or
  430         (i) Are convicted, or have been previously convicted, of
  431  committing or attempting to commit murder in the first, second,
  432  or third degree under s. 782.04(1), (2), (3), or (4), or have
  433  ever been convicted of any degree of murder or attempted murder
  434  in another jurisdiction;
  435         (j) Are convicted, or have been previously convicted, of
  436  DUI manslaughter under s. 316.193(3)(c)3., and are sentenced, or
  437  have been sentenced at any time, as a habitual offender for such
  438  offense, or have been sentenced at any time in another
  439  jurisdiction as a habitual offender for such offense;
  440         (k)1. Are serving a sentence for an offense committed on or
  441  after January 1, 1994, for a violation of the Law Enforcement
  442  Protection Act under s. 775.0823(2), (3), (4), (5), or (6), and
  443  the subtotal of the offender’s sentence points is multiplied
  444  pursuant to former s. 921.0014 or s. 921.0024;
  445         2. Are serving a sentence for an offense committed on or
  446  after October 1, 1995, for a violation of the Law Enforcement
  447  Protection Act under s. 775.0823(2), (3), (4), (5), (6), (7),
  448  (8), or (9), and the subtotal of the offender’s sentence points
  449  is multiplied pursuant to former s. 921.0014 or s. 921.0024;
  450         (l) Are serving a sentence for an offense committed on or
  451  after January 1, 1994, for possession of a firearm,
  452  semiautomatic firearm, or machine gun in which additional points
  453  are added to the subtotal of the offender’s sentence points
  454  pursuant to former s. 921.0014 or s. 921.0024; or
  455         (m) Are convicted, or have been previously convicted, of
  456  committing or attempting to commit manslaughter, kidnapping,
  457  robbery, carjacking, home-invasion robbery, or a burglary under
  458  s. 810.02(2).
  459  
  460  In making control release eligibility determinations under this
  461  subsection, the authority may rely on any document leading to or
  462  generated during the course of the criminal proceedings,
  463  including, but not limited to, any presentence or postsentence
  464  investigation or any information contained in arrest reports
  465  relating to circumstances of the offense.
  466         Section 7. This act shall take effect October 1, 2012.