August 07, 2020
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_h0369__
HB 369

1
A bill to be entitled
2An act relating to murder; amending s. 782.04, F.S.;
3providing that murder in the first degree includes the
4unlawful killing of a human being which resulted from the
5unlawful distribution of methadone by a person aged 18 or
6older when such drug is proven to be the proximate cause
7of the death of the user; providing penalties; reenacting
8ss. 775.0823(1) and (2), 782.065(1), 921.0022(3)(i), and
9947.146(3)(i), F.S., relating to violent offenses
10committed against law enforcement officers, correctional
11officers, state attorneys, assistant state attorneys,
12justices, or judges, murder of law enforcement officer,
13the Criminal Punishment Code offense severity ranking
14chart, and the Control Release Authority, respectively, to
15incorporate the amendment to s. 782.04, F.S., in
16references thereto; providing an effective date.
17
18Be It Enacted by the Legislature of the State of Florida:
19
20     Section 1.  Paragraph (a) of subsection (1) of section
21782.04, Florida Statutes, is amended to read:
22     782.04  Murder.-
23     (1)(a)  The unlawful killing of a human being:
24     1.  When perpetrated from a premeditated design to effect
25the death of the person killed or any human being;
26     2.  When committed by a person engaged in the perpetration
27of, or in the attempt to perpetrate, any:
28     a.  Trafficking offense prohibited by s. 893.135(1),
29     b.  Arson,
30     c.  Sexual battery,
31     d.  Robbery,
32     e.  Burglary,
33     f.  Kidnapping,
34     g.  Escape,
35     h.  Aggravated child abuse,
36     i.  Aggravated abuse of an elderly person or disabled
37adult,
38     j.  Aircraft piracy,
39     k.  Unlawful throwing, placing, or discharging of a
40destructive device or bomb,
41     l.  Carjacking,
42     m.  Home-invasion robbery,
43     n.  Aggravated stalking,
44     o.  Murder of another human being,
45     p.  Resisting an officer with violence to his or her
46person,
47     q.  Felony that is an act of terrorism or is in furtherance
48of an act of terrorism; or
49     3.  Which resulted from the unlawful distribution of any
50substance controlled under s. 893.03(1), cocaine as described in
51s. 893.03(2)(a)4., or opium or any synthetic or natural salt,
52compound, derivative, or preparation of opium, or methadone by a
53person 18 years of age or older, when such drug is proven to be
54the proximate cause of the death of the user,
55
56is murder in the first degree and constitutes a capital felony,
57punishable as provided in s. 775.082.
58     Section 2.  For the purpose of incorporating the amendment
59made by this act to section 782.04, Florida Statutes, in
60references thereto, subsections (1) and (2) of section 775.0823,
61Florida Statutes, are reenacted to read:
62     775.0823  Violent offenses committed against law
63enforcement officers, correctional officers, state attorneys,
64assistant state attorneys, justices, or judges.-The Legislature
65does hereby provide for an increase and certainty of penalty for
66any person convicted of a violent offense against any law
67enforcement or correctional officer, as defined in s. 943.10(1),
68(2), (3), (6), (7), (8), or (9); against any state attorney
69elected pursuant to s. 27.01 or assistant state attorney
70appointed under s. 27.181; or against any justice or judge of a
71court described in Art. V of the State Constitution, which
72offense arises out of or in the scope of the officer's duty as a
73law enforcement or correctional officer, the state attorney's or
74assistant state attorney's duty as a prosecutor or investigator,
75or the justice's or judge's duty as a judicial officer, as
76follows:
77     (1)  For murder in the first degree as described in s.
78782.04(1), if the death sentence is not imposed, a sentence of
79imprisonment for life without eligibility for release.
80     (2)  For attempted murder in the first degree as described
81in s. 782.04(1), a sentence pursuant to s. 775.082, s. 775.083,
82or s. 775.084.
83
84Notwithstanding the provisions of s. 948.01, with respect to any
85person who is found to have violated this section, adjudication
86of guilt or imposition of sentence shall not be suspended,
87deferred, or withheld.
88     Section 3.  For the purpose of incorporating the amendment
89made by this act to section 782.04, Florida Statutes, in a
90reference thereto, subsection (1) of section 782.065, Florida
91Statutes, is reenacted to read:
92     782.065  Murder; law enforcement officer.-Notwithstanding
93ss. 775.082, 775.0823, 782.04, 782.051, and chapter 921, a
94defendant shall be sentenced to life imprisonment without
95eligibility for release upon findings by the trier of fact that,
96beyond a reasonable doubt:
97     (1)  The defendant committed murder in the first degree in
98violation of s. 782.04(1) and a death sentence was not imposed;
99murder in the second or third degree in violation of s.
100782.04(2), (3), or (4); attempted murder in the first or second
101degree in violation of s. 782.04(1)(a)1. or (2); or attempted
102felony murder in violation of s. 782.051; and
103     Section 4.  For the purpose of incorporating the amendment
104made by this act to section 782.04, Florida Statutes, in a
105reference thereto, paragraph (i) of subsection (3) of section
106921.0022, Florida Statutes, is reenacted to read:
107     921.0022  Criminal Punishment Code; offense severity
108ranking chart.-
109     (3)  OFFENSE SEVERITY RANKING CHART
110     (i)  LEVEL 9
111
 
FloridaStatuteFelonyDegreeDescription
112
 
316.193(3)(c)3.b.1stDUI manslaughter; failing to render aid or give information.
113
 
327.35(3)(c)3.b.1stBUI manslaughter; failing to render aid or give information.
114
 
409.920(2)(b)1.c.1stMedicaid provider fraud; $50,000 or more.
115
 
499.0051(9)1stKnowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
116
 
560.123(8)(b)3.1stFailure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
117
 
560.125(5)(c)1stMoney transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
118
 
655.50(10)(b)3.1stFailure to report financial transactions totaling or exceeding $100,000 by financial institution.
119
 
775.08441stAggravated white collar crime.
120
 
782.04(1)1stAttempt, conspire, or solicit to commit premeditated murder.
121
 
782.04(3)1st,PBLAccomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
122
 
782.051(1)1stAttempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
123
 
782.07(2)1stAggravated manslaughter of an elderly person or disabled adult.
124
 
787.01(1)(a)1.1st,PBLKidnapping; hold for ransom or reward or as a shield or hostage.
125
 
787.01(1)(a)2.1st,PBLKidnapping with intent to commit or facilitate commission of any felony.
126
 
787.01(1)(a)4.1st,PBLKidnapping with intent to interfere with performance of any governmental or political function.
127
 
787.02(3)(a)1stFalse imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
128
 
790.1611stAttempted capital destructive device offense.
129
 
790.166(2)1st,PBLPossessing, selling, using, or attempting to use a weapon of mass destruction.
130
 
794.011(2)1stAttempted sexual battery; victim less than 12 years of age.
131
 
794.011(2)LifeSexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
132
 
794.011(4)1stSexual battery; victim 12 years or older, certain circumstances.
133
 
794.011(8)(b)1stSexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
134
 
794.08(2)1stFemale genital mutilation; victim younger than 18 years of age.
135
 
800.04(5)(b)LifeLewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
136
 
812.13(2)(a)1st,PBLRobbery with firearm or other deadly weapon.
137
 
812.133(2)(a)1st,PBLCarjacking; firearm or other deadly weapon.
138
 
812.135(2)(b)1stHome-invasion robbery with weapon.
139
 
817.568(7)2nd,PBLFraudulent 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.
140
 
827.03(2)1stAggravated child abuse.
141
 
847.0145(1)1stSelling, or otherwise transferring custody or control, of a minor.
142
 
847.0145(2)1stPurchasing, or otherwise obtaining custody or control, of a minor.
143
 
859.011stPoisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
144
 
893.1351stAttempted capital trafficking offense.
145
 
893.135(1)(a)3.1stTrafficking in cannabis, more than 10,000 lbs.
146
 
893.135(1)(b)1.c.1stTrafficking in cocaine, more than 400 grams, less than 150 kilograms.
147
 
893.135(1)(c)1.c.1stTrafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
148
 
893.135(1)(d)1.c.1stTrafficking in phencyclidine, more than 400 grams.
149
 
893.135(1)(e)1.c.1stTrafficking in methaqualone, more than 25 kilograms.
150
 
893.135(1)(f)1.c.1stTrafficking in amphetamine, more than 200 grams.
151
 
893.135(1)(h)1.c.1stTrafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
152
 
893.135(1)(j)1.c.1stTrafficking in 1,4-Butanediol, 10 kilograms or more.
153
 
893.135(1)(k)2.c.1stTrafficking in Phenethylamines, 400 grams or more.
154
 
896.101(5)(c)1stMoney laundering, financial instruments totaling or exceeding $100,000.
155
 
896.104(4)(a)3.1stStructuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
156
157     Section 5.  For the purpose of incorporating the amendment
158made by this act to section 782.04, Florida Statutes, in a
159reference thereto, paragraph (i) of subsection (3) of section
160947.146, Florida Statutes, is reenacted to read:
161     947.146  Control Release Authority.-
162     (3)  Within 120 days prior to the date the state
163correctional system is projected pursuant to s. 216.136 to
164exceed 99 percent of total capacity, the authority shall
165determine eligibility for and establish a control release date
166for an appropriate number of parole ineligible inmates committed
167to the department and incarcerated within the state who have
168been determined by the authority to be eligible for
169discretionary early release pursuant to this section. In
170establishing control release dates, it is the intent of the
171Legislature that the authority prioritize consideration of
172eligible inmates closest to their tentative release date. The
173authority shall rely upon commitment data on the offender
174information system maintained by the department to initially
175identify inmates who are to be reviewed for control release
176consideration. The authority may use a method of objective risk
177assessment in determining if an eligible inmate should be
178released. Such assessment shall be a part of the department's
179management information system. However, the authority shall have
180sole responsibility for determining control release eligibility,
181establishing a control release date, and effectuating the
182release of a sufficient number of inmates to maintain the inmate
183population between 99 percent and 100 percent of total capacity.
184Inmates who are ineligible for control release are inmates who
185are parole eligible or inmates who:
186     (i)  Are convicted, or have been previously convicted, of
187committing or attempting to commit murder in the first, second,
188or third degree under s. 782.04(1), (2), (3), or (4), or have
189ever been convicted of any degree of murder or attempted murder
190in another jurisdiction;
191
192In making control release eligibility determinations under this
193subsection, the authority may rely on any document leading to or
194generated during the course of the criminal proceedings,
195including, but not limited to, any presentence or postsentence
196investigation or any information contained in arrest reports
197relating to circumstances of the offense.
198     Section 6.  This act shall take effect October 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.
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