Florida Senate - 2017 COMMITTEE AMENDMENT
Bill No. SB 788
Ì187014ÃÎ187014
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/06/2017 .
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The Committee on Criminal Justice (Clemens) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Between lines 394 and 395
4 insert:
5 Section 8. Paragraphs (c), (d), (f), and (h) of subsection
6 (3) of section 921.0022, Florida Statutes, are amended to read:
7 921.0022 Criminal Punishment Code; offense severity ranking
8 chart.—
9 (3) OFFENSE SEVERITY RANKING CHART
10 (c) LEVEL 3
11
12 FloridaStatute FelonyDegree Description
13 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
14 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
15 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
16 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
17 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
18 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
19 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
20 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
21 327.35(2)(b) 3rd Felony BUI.
22 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
23 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
24 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
25 379.2431 (1)(e)5. 3rd Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
26 379.2431 (1)(e)6. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
27 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
28 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
29 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
30 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
31 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
32 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
33 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
34 697.08 3rd Equity skimming.
35 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
36 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
37 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
38 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
39 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
40 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
41 815.04(5)(b) 2nd Computer offense devised to defraud or obtain property.
42 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
43 817.233 3rd Burning to defraud insurer.
44 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
45 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
46 817.236 3rd Filing a false motor vehicle insurance application.
47 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
48 817.413(2) 3rd Sale of used goods as new.
49 817.505(4) 3rd Patient brokering.
50 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
51 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
52 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
53 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
54 843.19 3rd Injure, disable, or kill police dog or horse.
55 860.15(3) 3rd Overcharging for repairs and parts.
56 870.01(2) 3rd Riot; inciting or encouraging.
57 893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
58 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of university.
59 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility.
60 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.
61 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
62 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
63 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
64 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
65 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
66 893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
67 893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
68 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
69 893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
70 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
71 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
72 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
73 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
74
75 (d) LEVEL 4
76
77 FloridaStatute FelonyDegree Description
78 316.1935(3)(a) 2nd Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
79 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements.
80 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
81 517.07(1) 3rd Failure to register securities.
82 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register.
83 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
84 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
85 784.075 3rd Battery on detention or commitment facility staff.
86 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
87 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
88 784.081(3) 3rd Battery on specified official or employee.
89 784.082(3) 3rd Battery by detained person on visitor or other detainee.
90 784.083(3) 3rd Battery on code inspector.
91 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
92 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
93 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
94 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
95 787.07 3rd Human smuggling.
96 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
97 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
98 790.115(2)(c) 3rd Possessing firearm on school property.
99 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
100 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
101 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
102 810.06 3rd Burglary; possession of tools.
103 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
104 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
105 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
106 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
107 817.505(4)(a) 3rd Patient brokering.
108 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
109 817.568(2)(a) 3rd Fraudulent use of personal identification information.
110 817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder.
111 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
112 837.02(1) 3rd Perjury in official proceedings.
113 837.021(1) 3rd Make contradictory statements in official proceedings.
114 838.022 3rd Official misconduct.
115 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
116 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
117 843.021 3rd Possession of a concealed handcuff key by a person in custody.
118 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
119 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
120 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
121 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
122 893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).
123 914.14(2) 3rd Witnesses accepting bribes.
124 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
125 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
126 918.12 3rd Tampering with jurors.
127 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
128
129 (f) LEVEL 6
130
131 FloridaStatute FelonyDegree Description
132 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
133 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
134 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
135 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement.
136 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
137 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
138 775.0875(1) 3rd Taking firearm from law enforcement officer.
139 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
140 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
141 784.041 3rd Felony battery; domestic battery by strangulation.
142 784.048(3) 3rd Aggravated stalking; credible threat.
143 784.048(5) 3rd Aggravated stalking of person under 16.
144 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
145 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
146 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
147 784.081(2) 2nd Aggravated assault on specified official or employee.
148 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
149 784.083(2) 2nd Aggravated assault on code inspector.
150 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
151 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
152 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
153 790.164(1) 2nd False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner.
154 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
155 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
156 794.05(1) 2nd Unlawful sexual activity with specified minor.
157 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
158 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
159 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
160 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
161 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
162 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
163 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
164 812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
165 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
166 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
167 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
168 817.505(4)(b) 2nd Patient brokering; 10 or more patients.
169 825.102(1) 3rd Abuse of an elderly person or disabled adult.
170 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
171 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
172 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
173 827.03(2)(c) 3rd Abuse of a child.
174 827.03(2)(d) 3rd Neglect of a child.
175 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
176 836.05 2nd Threats; extortion.
177 836.10 2nd Written threats to kill or do bodily injury.
178 843.12 3rd Aids or assists person to escape.
179 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
180 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
181 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
182 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
183 944.35(3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
184 944.40 2nd Escapes.
185 944.46 3rd Harboring, concealing, aiding escaped prisoners.
186 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
187 951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
188
189 (h) LEVEL 8
190
191 FloridaStatute FelonyDegree Description
192 316.193 (3)(c)3.a. 2nd DUI manslaughter.
193 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
194 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
195 499.0051(7) 1st Knowing trafficking in contraband prescription drugs.
196 499.0051(8) 1st Knowing forgery of prescription labels or prescription drug labels.
197 560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
198 560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
199 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
200 777.03(2)(a) 1st Accessory after the fact, capital felony.
201 782.04(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.
202 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
203 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
204 782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
205 787.06(3)(a)1. 1st Human trafficking for labor and services of a child.
206 787.06(3)(b) 1st Human trafficking using coercion for commercial sexual activity of an adult.
207 787.06(3)(c)2. 1st Human trafficking using coercion for labor and services of an unauthorized alien adult.
208 787.06(3)(e)1. 1st Human trafficking for labor and services by the transfer or transport of a child from outside Florida to within the state.
209 787.06(3)(f)2. 1st Human trafficking using coercion for commercial sexual activity by the transfer or transport of any adult from outside Florida to within the state.
210 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
211 794.011(5)(a) 1st Sexual battery; victim 12 years of age or older but younger than 18 years; offender 18 years or older; offender does not use physical force likely to cause serious injury.
212 794.011(5)(b) 2nd Sexual battery; victim and offender 18 years of age or older; offender does not use physical force likely to cause serious injury.
213 794.011(5)(c) 2nd Sexual battery; victim 12 years of age or older; offender younger than 18 years; offender does not use physical force likely to cause injury.
214 794.011(5)(d) 1st Sexual battery; victim 12 years of age or older; offender does not use physical force likely to cause serious injury; prior conviction for specified sex offense.
215 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
216 800.04(4)(b) 2nd Lewd or lascivious battery.
217 800.04(4)(c) 1st Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense.
218 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
219 810.02(2)(a) 1st,PBL Burglary with assault or battery.
220 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
221 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
222 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
223 812.13(2)(b) 1st Robbery with a weapon.
224 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
225 817.505(4)(c) 1st Patient brokering; 20 or more patients.
226 817.535(2)(b) 2nd Filing false lien or other unauthorized document; second or subsequent offense.
227 817.535(3)(a) 2nd Filing false lien or other unauthorized document; property owner is a public officer or employee.
228 817.535(4)(a)1. 2nd Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
229 817.535(5)(a) 2nd Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument.
230 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
231 817.611(2)(c) 1st Traffic in or possess 50 or more counterfeit credit cards or related documents.
232 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult.
233 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
234 825.103(3)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $50,000 or more.
235 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
236 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
237 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
238 860.16 1st Aircraft piracy.
239 893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
240 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
241 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
242 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
243 893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
244 893.135 (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
245 893.135 (1)(c)2.c. 1st Trafficking in hydrocodone, 50 grams or more, less than 200 grams.
246 893.135 (1)(c)3.c. 1st Trafficking in oxycodone, 25 grams or more, less than 100 grams.
247 893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
248 893.135 (1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
249 893.135 (1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
250 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
251 893.135 (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
252 893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
253 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
254 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there.
255 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
256 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
257 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
258 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
259 896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
260
261
262
263 ================= T I T L E A M E N D M E N T ================
264 And the title is amended as follows:
265 Delete line 45
266 and insert:
267 "racketeering activity"; amending s. 921.0022, F.S.;
268 ranking offenses; providing an effective date.