Florida Senate - 2016 SENATOR AMENDMENT
Bill No. CS for SB 1294
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LEGISLATIVE ACTION
Senate . House
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Floor: 1/AD/2R .
03/03/2016 12:46 PM .
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Senator Flores moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 238 - 696
4 and insert:
5 Section 5. Subsections (1), (3), and (4) of section 782.04,
6 Florida Statutes, are amended to read:
7 782.04 Murder.—
8 (1)(a) The unlawful killing of a human being:
9 1. When perpetrated from a premeditated design to effect
10 the death of the person killed or any human being;
11 2. When committed by a person engaged in the perpetration
12 of, or in the attempt to perpetrate, any:
13 a. Trafficking offense prohibited by s. 893.135(1),
14 b. Arson,
15 c. Sexual battery,
16 d. Robbery,
17 e. Burglary,
18 f. Kidnapping,
19 g. Escape,
20 h. Aggravated child abuse,
21 i. Aggravated abuse of an elderly person or disabled adult,
22 j. Aircraft piracy,
23 k. Unlawful throwing, placing, or discharging of a
24 destructive device or bomb,
25 l. Carjacking,
26 m. Home-invasion robbery,
27 n. Aggravated stalking,
28 o. Murder of another human being,
29 p. Resisting an officer with violence to his or her person,
30 q. Aggravated fleeing or eluding with serious bodily injury
31 or death,
32 r. Felony that is an act of terrorism or is in furtherance
33 of an act of terrorism,; or
34 s. Human trafficking, or
35 3. Which resulted from the unlawful distribution of any
36 substance controlled under s. 893.03(1), cocaine as described in
37 s. 893.03(2)(a)4., opium or any synthetic or natural salt,
38 compound, derivative, or preparation of opium, or methadone by a
39 person 18 years of age or older, when such drug is proven to be
40 the proximate cause of the death of the user,
41
42 is murder in the first degree and constitutes a capital felony,
43 punishable as provided in s. 775.082.
44 (b) In all cases under this section, the procedure set
45 forth in s. 921.141 shall be followed in order to determine
46 sentence of death or life imprisonment.
47 (3) When a human being is killed during the perpetration
48 of, or during the attempt to perpetrate, any:
49 (a) Trafficking offense prohibited by s. 893.135(1),
50 (b) Arson,
51 (c) Sexual battery,
52 (d) Robbery,
53 (e) Burglary,
54 (f) Kidnapping,
55 (g) Escape,
56 (h) Aggravated child abuse,
57 (i) Aggravated abuse of an elderly person or disabled
58 adult,
59 (j) Aircraft piracy,
60 (k) Unlawful throwing, placing, or discharging of a
61 destructive device or bomb,
62 (l) Carjacking,
63 (m) Home-invasion robbery,
64 (n) Aggravated stalking,
65 (o) Murder of another human being,
66 (p) Aggravated fleeing or eluding with serious bodily
67 injury or death,
68 (q) Resisting an officer with violence to his or her
69 person, or
70 (r) Felony that is an act of terrorism or is in furtherance
71 of an act of terrorism, or
72 (s) Human trafficking,
73
74 by a person other than the person engaged in the perpetration of
75 or in the attempt to perpetrate such felony, the person
76 perpetrating or attempting to perpetrate such felony commits
77 murder in the second degree, which constitutes a felony of the
78 first degree, punishable by imprisonment for a term of years not
79 exceeding life or as provided in s. 775.082, s. 775.083, or s.
80 775.084.
81 (4) The unlawful killing of a human being, when perpetrated
82 without any design to effect death, by a person engaged in the
83 perpetration of, or in the attempt to perpetrate, any felony
84 other than any:
85 (a) Trafficking offense prohibited by s. 893.135(1),
86 (b) Arson,
87 (c) Sexual battery,
88 (d) Robbery,
89 (e) Burglary,
90 (f) Kidnapping,
91 (g) Escape,
92 (h) Aggravated child abuse,
93 (i) Aggravated abuse of an elderly person or disabled
94 adult,
95 (j) Aircraft piracy,
96 (k) Unlawful throwing, placing, or discharging of a
97 destructive device or bomb,
98 (l) Unlawful distribution of any substance controlled under
99 s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or
100 opium or any synthetic or natural salt, compound, derivative, or
101 preparation of opium by a person 18 years of age or older, when
102 such drug is proven to be the proximate cause of the death of
103 the user,
104 (m) Carjacking,
105 (n) Home-invasion robbery,
106 (o) Aggravated stalking,
107 (p) Murder of another human being,
108 (q) Aggravated fleeing or eluding with serious bodily
109 injury or death,
110 (r) Resisting an officer with violence to his or her
111 person, or
112 (s) Felony that is an act of terrorism or is in furtherance
113 of an act of terrorism, or
114 (t) Human trafficking,
115
116 is murder in the third degree and constitutes a felony of the
117 second degree, punishable as provided in s. 775.082, s. 775.083,
118 or s. 775.084.
119 Section 6. Subsection (10) is added to section 787.06,
120 Florida Statutes, to read:
121 787.06 Human trafficking.—
122 (10) A victim’s lack of chastity or the willingness or
123 consent of a victim is not a defense to prosecution under this
124 section if the victim was under 18 years of age at the time of
125 the offense.
126 Section 7. Section 794.022, Florida Statutes, is amended to
127 read:
128 794.022 Rules of evidence.—
129 (1) The testimony of the victim need not be corroborated in
130 a prosecution under s. 787.06, s. 794.011, or s. 800.04.
131 (2) Specific instances of prior consensual sexual activity
132 between the victim and any person other than the offender may
133 shall not be admitted into evidence in a prosecution under s.
134 787.06, s. 794.011, or s. 800.04. However, such evidence may be
135 admitted if it is first established to the court in a proceeding
136 in camera that such evidence may prove that the defendant was
137 not the source of the semen, pregnancy, injury, or disease; or,
138 when consent by the victim is at issue, such evidence may be
139 admitted if it is first established to the court in a proceeding
140 in camera that such evidence tends to establish a pattern of
141 conduct or behavior on the part of the victim which is so
142 similar to the conduct or behavior in the case that it is
143 relevant to the issue of consent.
144 (3) Notwithstanding any other provision of law, reputation
145 evidence relating to a victim’s prior sexual conduct or evidence
146 presented for the purpose of showing that manner of dress of the
147 victim at the time of the offense incited the sexual battery may
148 shall not be admitted into evidence in a prosecution under s.
149 787.06, s. 794.011, or s. 800.04.
150 (4) When consent of the victim is a defense to prosecution
151 under s. 787.06, s. 794.011, or s. 800.04, evidence of the
152 victim’s mental incapacity or defect is admissible to prove that
153 the consent was not intelligent, knowing, or voluntary; and the
154 court shall instruct the jury accordingly.
155 (5) An offender’s use of a prophylactic device, or a
156 victim’s request that an offender use a prophylactic device, is
157 not, by itself, relevant to either the issue of whether or not
158 the offense was committed or the issue of whether or not the
159 victim consented.
160
161 ================= T I T L E A M E N D M E N T ================
162 And the title is amended as follows:
163 Delete lines 16 - 37
164 and insert:
165 upon or in the presence of a child; amending s.
166 782.04, F.S.; including human trafficking as an
167 underlying felony offense to support a felony murder
168 conviction; amending s. 787.06, F.S.; prohibiting
169 certain defenses to prosecution under certain
170 circumstances; amending s. 794.022, F.S.; including
171 human trafficking and lewd and lascivious offenses in
172 the rules of evidence applicable to sexually-related
173 offenses;