Florida Senate - 2012 CS for SB 872
By the Committee on Criminal Justice; and Senator Fasano
591-02364-12 2012872c1
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 with serious bodily
7 injury or death, is murder of a specified degree,
8 dependent upon certain circumstances; amending s.
9 921.0022, F.S.; revising provisions of the offense
10 severity ranking chart of the Criminal Punishment Code
11 to conform to changes made by the act; reenacting ss.
12 775.0823, 782.051, 782.065, and 947.146(3), F.S.,
13 relating to violent offenses committed against law
14 enforcement officers and others, attempted felony
15 murder, murder of a law enforcement officer, and the
16 Control Release Authority, respectively, to
17 incorporate the amendments made to s. 782.04, F.S., in
18 references thereto; providing an effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. This act may be cited as the “Deputy John C.
23 Mecklenburg Act.”
24 Section 2. Section 782.04, Florida Statutes, is amended to
25 read:
26 782.04 Murder.—
27 (1)(a) The unlawful killing of a human being:
28 1. When perpetrated from a premeditated design to effect
29 the death of the person killed or any human being;
30 2. When committed by a person engaged in the perpetration
31 of, or in the attempt to perpetrate, any:
32 a. Trafficking offense prohibited by s. 893.135(1),
33 b. Arson,
34 c. Sexual battery,
35 d. Robbery,
36 e. Burglary,
37 f. Kidnapping,
38 g. Escape,
39 h. Aggravated child abuse,
40 i. Aggravated abuse of an elderly person or disabled adult,
41 j. Aircraft piracy,
42 k. Unlawful throwing, placing, or discharging of a
43 destructive device or bomb,
44 l. Carjacking,
45 m. Home-invasion robbery,
46 n. Aggravated stalking,
47 o. Murder of another human being,
48 p. Resisting an officer with violence to his or her person,
49 q. Aggravated fleeing or eluding with serious bodily injury
50 or death,
51 r.q. Felony that is an act of terrorism or is in
52 furtherance of an act of terrorism; or
53 3. Which resulted from the unlawful distribution of any
54 substance controlled under s. 893.03(1), cocaine as described in
55 s. 893.03(2)(a)4., opium or any synthetic or natural salt,
56 compound, derivative, or preparation of opium, or methadone by a
57 person 18 years of age or older, when such drug is proven to be
58 the proximate cause of the death of the user,
59
60 is murder in the first degree and constitutes a capital felony,
61 punishable as provided in s. 775.082.
62 (b) In all cases under this section, the procedure set
63 forth in s. 921.141 shall be followed in order to determine
64 sentence of death or life imprisonment.
65 (2) The unlawful killing of a human being, when perpetrated
66 by any act imminently dangerous to another and evincing a
67 depraved mind regardless of human life, although without any
68 premeditated design to effect the death of any particular
69 individual, is murder in the second degree and constitutes a
70 felony of the first degree, punishable by imprisonment for a
71 term of years not exceeding life or as provided in s. 775.082,
72 s. 775.083, or s. 775.084.
73 (3) When a human being person is killed during in the
74 perpetration of, or during in the attempt to perpetrate, any:
75 (a) Trafficking offense prohibited by s. 893.135(1),
76 (b) Arson,
77 (c) Sexual battery,
78 (d) Robbery,
79 (e) Burglary,
80 (f) Kidnapping,
81 (g) Escape,
82 (h) Aggravated child abuse,
83 (i) Aggravated abuse of an elderly person or disabled
84 adult,
85 (j) Aircraft piracy,
86 (k) Unlawful throwing, placing, or discharging of a
87 destructive device or bomb,
88 (l) Carjacking,
89 (m) Home-invasion robbery,
90 (n) Aggravated stalking,
91 (o) Murder of another human being,
92 (p) Aggravated fleeing or eluding with serious bodily
93 injury or death,
94 (q)(p) Resisting an officer with violence to his or her
95 person, or
96 (r)(q) Felony that is an act of terrorism or is in
97 furtherance of an act of terrorism,
98
99 by a person other than the person engaged in the perpetration of
100 or in the attempt to perpetrate such felony, the person
101 perpetrating or attempting to perpetrate such felony is guilty
102 of murder in the second degree, which constitutes a felony of
103 the first degree, punishable by imprisonment for a term of years
104 not exceeding life or as provided in s. 775.082, s. 775.083, or
105 s. 775.084.
106 (4) The unlawful killing of a human being, when perpetrated
107 without any design to effect death, by a person engaged in the
108 perpetration of, or in the attempt to perpetrate, any felony
109 other than any:
110 (a) Trafficking offense prohibited by s. 893.135(1),
111 (b) Arson,
112 (c) Sexual battery,
113 (d) Robbery,
114 (e) Burglary,
115 (f) Kidnapping,
116 (g) Escape,
117 (h) Aggravated child abuse,
118 (i) Aggravated abuse of an elderly person or disabled
119 adult,
120 (j) Aircraft piracy,
121 (k) Unlawful throwing, placing, or discharging of a
122 destructive device or bomb,
123 (l) Unlawful distribution of any substance controlled under
124 s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or
125 opium or any synthetic or natural salt, compound, derivative, or
126 preparation of opium by a person 18 years of age or older, when
127 such drug is proven to be the proximate cause of the death of
128 the user,
129 (m) Carjacking,
130 (n) Home-invasion robbery,
131 (o) Aggravated stalking,
132 (p) Murder of another human being,
133 (q) Aggravated fleeing or eluding with serious bodily
134 injury or death,
135 (r)(q) Resisting an officer with violence to his or her
136 person, or
137 (s)(r) Felony that is an act of terrorism or is in
138 furtherance of an act of terrorism,
139
140 is murder in the third degree and constitutes a felony of the
141 second degree, punishable as provided in s. 775.082, s. 775.083,
142 or s. 775.084.
143 (5) As used in this section, the term “terrorism” means an
144 activity that:
145 (a)1. Involves a violent act or an act dangerous to human
146 life which is a violation of the criminal laws of this state or
147 of the United States; or
148 2. Involves a violation of s. 815.06; and
149 (b) Is intended to:
150 1. Intimidate, injure, or coerce a civilian population;
151 2. Influence the policy of a government by intimidation or
152 coercion; or
153 3. Affect the conduct of government through destruction of
154 property, assassination, murder, kidnapping, or aircraft piracy.
155 Section 3. Paragraphs (h) and (i) of subsection (3) of
156 section 921.0022, Florida Statutes, are amended to read:
157 921.0022 Criminal Punishment Code; offense severity ranking
158 chart.—
159 (3) OFFENSE SEVERITY RANKING CHART
160 (h) LEVEL 8
161 FloridaStatute FelonyDegree Description
162 316.193 (3)(c)3.a. 2nd DUI manslaughter.
163 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
164 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
165 499.0051(7) 1st Knowing trafficking in contraband prescription drugs.
166 499.0051(8) 1st Knowing forgery of prescription labels or prescription drug labels.
167 560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
168 560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
169 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
170 777.03(2)(a) 1st Accessory after the fact, capital felony.
171 782.04(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.
172 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
173 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
174 782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
175 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
176 794.011(5) 2nd Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
177 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
178 800.04(4) 2nd Lewd or lascivious battery.
179 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
180 810.02(2)(a) 1st,PBL Burglary with assault or battery.
181 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
182 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
183 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
184 812.13(2)(b) 1st Robbery with a weapon.
185 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
186 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
187 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult.
188 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
189 825.103(2)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
190 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
191 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
192 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
193 860.16 1st Aircraft piracy.
194 893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
195 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
196 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
197 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
198 893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
199 893.135 (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
200 893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
201 893.135 (1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
202 893.135 (1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
203 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
204 893.135 (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
205 893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
206 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
207 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there.
208 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
209 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
210 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
211 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
212 896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
213 (i) LEVEL 9
214 FloridaStatute FelonyDegree Description
215 316.193 (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
216 327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
217 409.920 (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
218 499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
219 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
220 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
221 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
222 775.0844 1st Aggravated white collar crime.
223 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
224 782.04(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.
225 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
226 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
227 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
228 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
229 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
230 787.02(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.
231 790.161 1st Attempted capital destructive device offense.
232 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
233 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
234 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
235 794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
236 794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
237 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
238 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
239 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
240 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
241 812.135(2)(b) 1st Home-invasion robbery with weapon.
242 817.568(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.
243 827.03(2) 1st Aggravated child abuse.
244 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
245 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
246 859.01 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.
247 893.135 1st Attempted capital trafficking offense.
248 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
249 893.135 (1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
250 893.135 (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
251 893.135 (1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
252 893.135 (1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
253 893.135 (1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
254 893.135 (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
255 893.135 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
256 893.135 (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
257 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
258 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
259 Section 4. For the purpose of incorporating the amendment
260 made by this act to section 782.04, Florida Statutes, in a
261 reference thereto, section 775.0823, Florida Statutes, is
262 reenacted to read:
263 775.0823 Violent offenses committed against law enforcement
264 officers, correctional officers, state attorneys, assistant
265 state attorneys, justices, or judges.—The Legislature does
266 hereby provide for an increase and certainty of penalty for any
267 person convicted of a violent offense against any law
268 enforcement or correctional officer, as defined in s. 943.10(1),
269 (2), (3), (6), (7), (8), or (9); against any state attorney
270 elected pursuant to s. 27.01 or assistant state attorney
271 appointed under s. 27.181; or against any justice or judge of a
272 court described in Art. V of the State Constitution, which
273 offense arises out of or in the scope of the officer’s duty as a
274 law enforcement or correctional officer, the state attorney’s or
275 assistant state attorney’s duty as a prosecutor or investigator,
276 or the justice’s or judge’s duty as a judicial officer, as
277 follows:
278 (1) For murder in the first degree as described in s.
279 782.04(1), if the death sentence is not imposed, a sentence of
280 imprisonment for life without eligibility for release.
281 (2) For attempted murder in the first degree as described
282 in s. 782.04(1), a sentence pursuant to s. 775.082, s. 775.083,
283 or s. 775.084.
284 (3) For attempted felony murder as described in s. 782.051,
285 a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
286 (4) For murder in the second degree as described in s.
287 782.04(2) and (3), a sentence pursuant to s. 775.082, s.
288 775.083, or s. 775.084.
289 (5) For attempted murder in the second degree as described
290 in s. 782.04(2) and (3), a sentence pursuant to s. 775.082, s.
291 775.083, or s. 775.084.
292 (6) For murder in the third degree as described in s.
293 782.04(4), a sentence pursuant to s. 775.082, s. 775.083, or s.
294 775.084.
295 (7) For attempted murder in the third degree as described
296 in s. 782.04(4), a sentence pursuant to s. 775.082, s. 775.083,
297 or s. 775.084.
298 (8) For manslaughter as described in s. 782.07 during the
299 commission of a crime, a sentence pursuant to s. 775.082, s.
300 775.083, or s. 775.084.
301 (9) For kidnapping as described in s. 787.01, a sentence
302 pursuant to s. 775.082, s. 775.083, or s. 775.084.
303 (10) For aggravated battery as described in s. 784.045, a
304 sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
305 (11) For aggravated assault as described in s. 784.021, a
306 sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
307
308 Notwithstanding the provisions of s. 948.01, with respect to any
309 person who is found to have violated this section, adjudication
310 of guilt or imposition of sentence shall not be suspended,
311 deferred, or withheld.
312 Section 5. For the purpose of incorporating the amendment
313 made by this act to section 782.04, Florida Statutes, in a
314 reference thereto, section 782.051, Florida Statutes, is
315 reenacted to read:
316 782.051 Attempted felony murder.—
317 (1) Any person who perpetrates or attempts to perpetrate
318 any felony enumerated in s. 782.04(3) and who commits, aids, or
319 abets an intentional act that is not an essential element of the
320 felony and that could, but does not, cause the death of another
321 commits a felony of the first degree, punishable by imprisonment
322 for a term of years not exceeding life, or as provided in s.
323 775.082, s. 775.083, or s. 775.084, which is an offense ranked
324 in level 9 of the Criminal Punishment Code. Victim injury points
325 shall be scored under this subsection.
326 (2) Any person who perpetrates or attempts to perpetrate
327 any felony other than a felony enumerated in s. 782.04(3) and
328 who commits, aids, or abets an intentional act that is not an
329 essential element of the felony and that could, but does not,
330 cause the death of another commits a felony of the first degree,
331 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
332 which is an offense ranked in level 8 of the Criminal Punishment
333 Code. Victim injury points shall be scored under this
334 subsection.
335 (3) When a person is injured during the perpetration of or
336 the attempt to perpetrate any felony enumerated in s. 782.04(3)
337 by a person other than the person engaged in the perpetration of
338 or the attempt to perpetrate such felony, the person
339 perpetrating or attempting to perpetrate such felony commits a
340 felony of the second degree, punishable as provided in s.
341 775.082, s. 775.083, or s. 775.084, which is an offense ranked
342 in level 7 of the Criminal Punishment Code. Victim injury points
343 shall be scored under this subsection.
344 Section 6. For the purpose of incorporating the amendment
345 made by this act to section 782.04, Florida Statutes, in a
346 reference thereto, section 782.065, Florida Statutes, is
347 reenacted to read:
348 782.065 Murder; law enforcement officer.—Notwithstanding
349 ss. 775.082, 775.0823, 782.04, 782.051, and chapter 921, a
350 defendant shall be sentenced to life imprisonment without
351 eligibility for release upon findings by the trier of fact that,
352 beyond a reasonable doubt:
353 (1) The defendant committed murder in the first degree in
354 violation of s. 782.04(1) and a death sentence was not imposed;
355 murder in the second or third degree in violation of s.
356 782.04(2), (3), or (4); attempted murder in the first or second
357 degree in violation of s. 782.04(1)(a)1. or (2); or attempted
358 felony murder in violation of s. 782.051; and
359 (2) The victim of any offense described in subsection (1)
360 was a law enforcement officer, part-time law enforcement
361 officer, or auxiliary law enforcement officer, as those terms
362 are defined in s. 943.10, engaged in the lawful performance of a
363 legal duty.
364 Section 7. For the purpose of incorporating the amendment
365 made by this act to section 782.04, Florida Statutes, in a
366 reference thereto, subsection (3) of section 947.146, Florida
367 Statutes, is reenacted to read:
368 947.146 Control Release Authority.—
369 (3) Within 120 days prior to the date the state
370 correctional system is projected pursuant to s. 216.136 to
371 exceed 99 percent of total capacity, the authority shall
372 determine eligibility for and establish a control release date
373 for an appropriate number of parole ineligible inmates committed
374 to the department and incarcerated within the state who have
375 been determined by the authority to be eligible for
376 discretionary early release pursuant to this section. In
377 establishing control release dates, it is the intent of the
378 Legislature that the authority prioritize consideration of
379 eligible inmates closest to their tentative release date. The
380 authority shall rely upon commitment data on the offender
381 information system maintained by the department to initially
382 identify inmates who are to be reviewed for control release
383 consideration. The authority may use a method of objective risk
384 assessment in determining if an eligible inmate should be
385 released. Such assessment shall be a part of the department’s
386 management information system. However, the authority shall have
387 sole responsibility for determining control release eligibility,
388 establishing a control release date, and effectuating the
389 release of a sufficient number of inmates to maintain the inmate
390 population between 99 percent and 100 percent of total capacity.
391 Inmates who are ineligible for control release are inmates who
392 are parole eligible or inmates who:
393 (a) Are serving a sentence that includes a mandatory
394 minimum provision for a capital offense or drug trafficking
395 offense and have not served the number of days equal to the
396 mandatory minimum term less any jail-time credit awarded by the
397 court;
398 (b) Are serving the mandatory minimum portion of a sentence
399 enhanced under s. 775.087(2) or (3), or s. 784.07(3);
400 (c) Are convicted, or have been previously convicted, of
401 committing or attempting to commit sexual battery, incest, or
402 any of the following lewd or indecent assaults or acts:
403 masturbating in public; exposing the sexual organs in a
404 perverted manner; or nonconsensual handling or fondling of the
405 sexual organs of another person;
406 (d) Are convicted, or have been previously convicted, of
407 committing or attempting to commit assault, aggravated assault,
408 battery, or aggravated battery, and a sex act was attempted or
409 completed during commission of such offense;
410 (e) Are convicted, or have been previously convicted, of
411 committing or attempting to commit kidnapping, burglary, or
412 murder, and the offense was committed with the intent to commit
413 sexual battery or a sex act was attempted or completed during
414 commission of the offense;
415 (f) Are convicted, or have been previously convicted, of
416 committing or attempting to commit false imprisonment upon a
417 child under the age of 13 and, in the course of committing the
418 offense, the inmate committed aggravated child abuse, sexual
419 battery against the child, or a lewd or lascivious offense
420 committed upon or in the presence of a person less than 16 years
421 of age;
422 (g) Are sentenced, have previously been sentenced, or have
423 been sentenced at any time under s. 775.084, or have been
424 sentenced at any time in another jurisdiction as a habitual
425 offender;
426 (h) Are convicted, or have been previously convicted, of
427 committing or attempting to commit assault, aggravated assault,
428 battery, aggravated battery, kidnapping, manslaughter, or murder
429 against an officer as defined in s. 943.10(1), (2), (3), (6),
430 (7), (8), or (9); against a state attorney or assistant state
431 attorney; or against a justice or judge of a court described in
432 Art. V of the State Constitution; or against an officer, judge,
433 or state attorney employed in a comparable position by any other
434 jurisdiction; or
435 (i) Are convicted, or have been previously convicted, of
436 committing or attempting to commit murder in the first, second,
437 or third degree under s. 782.04(1), (2), (3), or (4), or have
438 ever been convicted of any degree of murder or attempted murder
439 in another jurisdiction;
440 (j) Are convicted, or have been previously convicted, of
441 DUI manslaughter under s. 316.193(3)(c)3., and are sentenced, or
442 have been sentenced at any time, as a habitual offender for such
443 offense, or have been sentenced at any time in another
444 jurisdiction as a habitual offender for such offense;
445 (k)1. Are serving a sentence for an offense committed on or
446 after January 1, 1994, for a violation of the Law Enforcement
447 Protection Act under s. 775.0823(2), (3), (4), (5), or (6), and
448 the subtotal of the offender’s sentence points is multiplied
449 pursuant to former s. 921.0014 or s. 921.0024;
450 2. Are serving a sentence for an offense committed on or
451 after October 1, 1995, for a violation of the Law Enforcement
452 Protection Act under s. 775.0823(2), (3), (4), (5), (6), (7),
453 (8), or (9), and the subtotal of the offender’s sentence points
454 is multiplied pursuant to former s. 921.0014 or s. 921.0024;
455 (l) Are serving a sentence for an offense committed on or
456 after January 1, 1994, for possession of a firearm,
457 semiautomatic firearm, or machine gun in which additional points
458 are added to the subtotal of the offender’s sentence points
459 pursuant to former s. 921.0014 or s. 921.0024; or
460 (m) Are convicted, or have been previously convicted, of
461 committing or attempting to commit manslaughter, kidnapping,
462 robbery, carjacking, home-invasion robbery, or a burglary under
463 s. 810.02(2).
464
465 In making control release eligibility determinations under this
466 subsection, the authority may rely on any document leading to or
467 generated during the course of the criminal proceedings,
468 including, but not limited to, any presentence or postsentence
469 investigation or any information contained in arrest reports
470 relating to circumstances of the offense.
471 Section 8. This act shall take effect October 1, 2012.