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Senate Bill 0142

Senate Bill sb0142

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                   SB 142

    By Senator Lynn





    7-66-04

  1                      A bill to be entitled

  2         An act relating to accessories to a crime;

  3         providing a short title; amending s. 777.03,

  4         F.S.; removing provisions that exempt certain

  5         members of an offender's family from being

  6         charged with the offense of acting as an

  7         accessory after the fact; reenacting s.

  8         921.0022(3)(h), F.S., relating to the Criminal

  9         Punishment Code, to incorporate the amendment

10         to s. 777.03, F.S., in a reference thereto;

11         providing an effective date.

12  

13  Be It Enacted by the Legislature of the State of Florida:

14  

15         Section 1.  This act may be cited as the "Jason A.

16  Gucwa Act."

17         Section 2.  Subsection (1) of section 777.03, Florida

18  Statutes, is amended to read:

19         777.03  Accessory after the fact.--

20         (1)(a)  Any person not standing in the relation of

21  husband or wife, parent or grandparent, child or grandchild,

22  brother or sister, by consanguinity or affinity to the

23  offender, who maintains or assists the principal or accessory

24  before the fact, or gives the offender any other aid, knowing

25  that the offender had committed a felony or been accessory

26  thereto before the fact, with intent that the offender avoids

27  or escapes detection, arrest, trial or punishment, is an

28  accessory after the fact.

29         (b)  Any person, regardless of the relation to the

30  offender, who maintains or assists the principal or accessory

31  before the fact, or gives the offender any other aid, knowing

                                  1

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    Florida Senate - 2004                                   SB 142
    7-66-04




 1  that the offender had committed the offense of child abuse,

 2  neglect of a child, aggravated child abuse, aggravated

 3  manslaughter of a child under 18 years of age, or murder of a

 4  child under 18 years of age, or had been accessory thereto

 5  before the fact, with the intent that the offender avoids or

 6  escapes detection, arrest, trial, or punishment, is an

 7  accessory after the fact unless the court finds that the

 8  person is a victim of domestic violence.

 9         Section 3.  For the purpose of incorporating the

10  amendment made by this act to section 777.03, Florida

11  Statutes, in a reference thereto, paragraph (h) of subsection

12  (3) of section 921.0022, Florida Statutes, is reenacted to

13  read:

14         921.0022  Criminal Punishment Code; offense severity

15  ranking chart.--

16         (3)  OFFENSE SEVERITY RANKING CHART

17  

18  Florida           Felony

19  Statute           Degree             Description

20  

21                     

22                              (h)  LEVEL 8

23  316.193

24   (3)(c)3.a.        2nd      DUI manslaughter.

25  327.35(3)(c)3.     2nd      Vessel BUI manslaughter.

26  499.0051(7)        1st      Forgery of prescription or legend

27                              drug labels.

28  499.0052           1st      Trafficking in contraband legend

29                              drugs.

30  

31  

                                  2

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    Florida Senate - 2004                                   SB 142
    7-66-04




 1  560.123(8)(b)2.    2nd      Failure to report currency or

 2                              payment instruments totaling or

 3                              exceeding $20,000, but less than

 4                              $100,000 by money transmitter.

 5  560.125(5)(b)      2nd      Money transmitter business by

 6                              unauthorized person, currency or

 7                              payment instruments totaling or

 8                              exceeding $20,000, but less than

 9                              $100,000.

10  655.50(10)(b)2.    2nd      Failure to report financial

11                              transactions totaling or

12                              exceeding $20,000, but less than

13                              $100,000 by financial

14                              institutions.

15  777.03(2)(a)       1st      Accessory after the fact, capital

16                              felony.

17  782.04(4)          2nd      Killing of human without design

18                              when engaged in act or attempt of

19                              any felony other than arson,

20                              sexual battery, robbery,

21                              burglary, kidnapping, aircraft

22                              piracy, or unlawfully discharging

23                              bomb.

24  782.051(2)         1st      Attempted felony murder while

25                              perpetrating or attempting to

26                              perpetrate a felony not

27                              enumerated in s. 782.04(3).

28  782.071(1)(b)      1st      Committing vehicular homicide and

29                              failing to render aid or give

30                              information.

31  

                                  3

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    Florida Senate - 2004                                   SB 142
    7-66-04




 1  782.072(2)         1st      Committing vessel homicide and

 2                              failing to render aid or give

 3                              information.

 4  790.161(3)         1st      Discharging a destructive device

 5                              which results in bodily harm or

 6                              property damage.

 7  794.011(5)         2nd      Sexual battery, victim 12 years

 8                              or over, offender does not use

 9                              physical force likely to cause

10                              serious injury.

11  800.04(4)          2nd      Lewd or lascivious battery.

12  806.01(1)          1st      Maliciously damage dwelling or

13                              structure by fire or explosive,

14                              believing person in structure.

15  810.02(2)(a)       1st,PBL  Burglary with assault or battery.

16  810.02(2)(b)       1st,PBL  Burglary; armed with explosives

17                              or dangerous weapon.

18  810.02(2)(c)       1st      Burglary of a dwelling or

19                              structure causing structural

20                              damage or $1,000 or more property

21                              damage.

22  812.13(2)(b)       1st      Robbery with a weapon.

23  812.135(2)         1st      Home-invasion robbery.

24  817.568(6)         2nd      Fraudulent use of personal

25                              identification information of an

26                              individual under the age of 18.

27  825.102(2)         2nd      Aggravated abuse of an elderly

28                              person or disabled adult.

29  825.1025(2)        2nd      Lewd or lascivious battery upon

30                              an elderly person or disabled

31                              adult.

                                  4

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    Florida Senate - 2004                                   SB 142
    7-66-04




 1  825.103(2)(a)      1st      Exploiting an elderly person or

 2                              disabled adult and property is

 3                              valued at $100,000 or more.

 4  837.02(2)          2nd      Perjury in official proceedings

 5                              relating to prosecution of a

 6                              capital felony.

 7  837.021(2)         2nd      Making contradictory statements

 8                              in official proceedings relating

 9                              to prosecution of a capital

10                              felony.

11  860.121(2)(c)      1st      Shooting at or throwing any

12                              object in path of railroad

13                              vehicle resulting in great bodily

14                              harm.

15  860.16             1st      Aircraft piracy.

16  893.13(1)(b)       1st      Sell or deliver in excess of 10

17                              grams of any substance specified

18                              in s. 893.03(1)(a) or (b).

19  893.13(2)(b)       1st      Purchase in excess of 10 grams of

20                              any substance specified in s.

21                              893.03(1)(a) or (b).

22  893.13(6)(c)       1st      Possess in excess of 10 grams of

23                              any substance specified in s.

24                              893.03(1)(a) or (b).

25  893.135(1)(a)2.    1st      Trafficking in cannabis, more

26                              than 2,000 lbs., less than 10,000

27                              lbs.

28  893.135

29   (1)(b)1.b.        1st      Trafficking in cocaine, more than

30                              200 grams, less than 400 grams.

31  

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    Florida Senate - 2004                                   SB 142
    7-66-04




 1  893.135

 2   (1)(c)1.b.        1st      Trafficking in illegal drugs,

 3                              more than 14 grams, less than 28

 4                              grams.

 5  893.135

 6   (1)(d)1.b.        1st      Trafficking in phencyclidine,

 7                              more than 200 grams, less than

 8                              400 grams.

 9  893.135

10   (1)(e)1.b.        1st      Trafficking in methaqualone, more

11                              than 5 kilograms, less than 25

12                              kilograms.

13  893.135

14   (1)(f)1.b.        1st      Trafficking in amphetamine, more

15                              than 28 grams, less than 200

16                              grams.

17  893.135

18   (1)(g)1.b.        1st      Trafficking in flunitrazepam, 14

19                              grams or more, less than 28

20                              grams.

21  893.135

22   (1)(h)1.b.        1st      Trafficking in

23                              gamma-hydroxybutyric acid (GHB),

24                              5 kilograms or more, less than 10

25                              kilograms.

26  893.135

27   (1)(j)1.b.        1st      Trafficking in 1,4-Butanediol, 5

28                              kilograms or more, less than 10

29                              kilograms.

30  

31  

                                  6

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    Florida Senate - 2004                                   SB 142
    7-66-04




 1  893.135

 2   (1)(k)2.b.        1st      Trafficking in Phenethylamines,

 3                              200 grams or more, less than 400

 4                              grams.

 5  895.03(1)          1st      Use or invest proceeds derived

 6                              from pattern of racketeering

 7                              activity.

 8  895.03(2)          1st      Acquire or maintain through

 9                              racketeering activity any

10                              interest in or control of any

11                              enterprise or real property.

12  895.03(3)          1st      Conduct or participate in any

13                              enterprise through pattern of

14                              racketeering activity.

15  896.101(5)(b)      2nd      Money laundering, financial

16                              transactions totaling or

17                              exceeding $20,000, but less than

18                              $100,000.

19  896.104(4)(a)2.    2nd      Structuring transactions to evade

20                              reporting or registration

21                              requirements, financial

22                              transactions totaling or

23                              exceeding $20,000 but less than

24                              $100,000.

25         Section 4.  This act shall take effect upon becoming a

26  law.

27  

28            *****************************************

29                          SENATE SUMMARY

30    Removes the exception for an offender's family member
      from the criminal accessory statute, thus allowing any
31    person to be charged as an accessory after the fact.

                                  7

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

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