Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. SB 190
       
       
       
       
       
       
                                Ì103162tÎ103162                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/10/2022           .                                
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       The Committee on Judiciary (Brodeur) recommended the following:
       
    1         Senate Amendment (with directory and title amendments)
    2  
    3         Delete lines 65 - 69
    4  and insert:
    5  punishable as provided in s. 775.082.
    6         (4) The unlawful killing of a human being, when perpetrated
    7  without any design to effect death, by a person engaged in the
    8  perpetration of, or in the attempt to perpetrate, any felony
    9  other than any:
   10         (a) Trafficking offense prohibited by s. 893.135(1),
   11         (b) Arson,
   12         (c) Sexual battery,
   13         (d) Robbery,
   14         (e) Burglary,
   15         (f) Kidnapping,
   16         (g) Escape,
   17         (h) Aggravated child abuse,
   18         (i) Aggravated abuse of an elderly person or disabled
   19  adult,
   20         (j) Aircraft piracy,
   21         (k) Unlawful throwing, placing, or discharging of a
   22  destructive device or bomb,
   23         (l) Unlawful distribution of any substance listed in sub
   24  subparagraphs (1)(a)3.a.–j. controlled under s. 893.03(1),
   25  cocaine as described in s. 893.03(2)(a)4., or opium or any
   26  synthetic or natural salt, compound, derivative, or preparation
   27  of opium by a person 18 years of age or older, when such
   28  substance drug is proven to have caused, or is proven to have
   29  been a substantial factor in producing, be the proximate cause
   30  of the death of the user,
   31         (m) Carjacking,
   32         (n) Home-invasion robbery,
   33         (o) Aggravated stalking,
   34         (p) Murder of another human being,
   35         (q) Aggravated fleeing or eluding with serious bodily
   36  injury or death,
   37         (r) Resisting an officer with violence to his or her
   38  person, or
   39         (s) Felony that is an act of terrorism or is in furtherance
   40  of an act of terrorism, including a felony under s. 775.30, s.
   41  775.32, s. 775.33, s. 775.34, or s. 775.35,
   42  
   43  is murder in the third degree and constitutes a felony of the
   44  second degree, punishable as provided in s. 775.082, s. 775.083,
   45  or s. 775.084.
   46         (5) As used in this section, the term:
   47         (a) “Substantial factor” means that the use of the
   48  substance or mixture alone is sufficient to cause death,
   49  regardless of whether any other substance or mixture used is
   50  also sufficient to cause death.
   51         (b) “Terrorism” means an activity that:
   52         1.a.(a)1. Involves a violent act or an act dangerous to
   53  human life which is a violation of the criminal laws of this
   54  state or of the United States; or
   55         b.2. Involves a violation of s. 815.06; and
   56         2.(b) Is intended to:
   57         a.1. Intimidate, injure, or coerce a civilian population;
   58         b.2. Influence the policy of a government by intimidation
   59  or coercion; or
   60         c.3. Affect the conduct of government through destruction
   61  of property, assassination, murder, kidnapping, or aircraft
   62  piracy.
   63  
   64  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
   65  And the directory clause is amended as follows:
   66         Delete lines 13 - 14
   67  and insert:
   68         Section 1. Paragraph (a) of subsection (1) and subsections
   69  (4) and (5) of section 782.04, Florida Statutes, are amended to
   70  read:
   71  
   72  ================= T I T L E  A M E N D M E N T ================
   73  And the title is amended as follows:
   74         Between lines 4 and 5
   75  insert:
   76         revising the elements that constitute the felony
   77         offense of murder in the third degree;