September 24, 2020
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Senate Bill 0142

Senate Bill sb0142e1

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




    SB 142                                   First Engrossed (ntc)



  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, except a child under the age of

21  eighteen at the time of the commission of the underlying

22  felony, regardless of the relation to the offender, not

23  standing in the relation of husband or wife, parent or

24  grandparent, child or grandchild, brother or sister, by

25  consanguinity or affinity to the offender, who maintains or

26  assists the principal or accessory before the fact, or gives

27  the offender any other aid, knowing that the offender had

28  committed a felony or been accessory thereto before the fact,

29  with intent that the offender avoids or escapes detection,

30  arrest, trial or punishment, is an accessory after the fact.

31  


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






    SB 142                                   First Engrossed (ntc)



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

 2  offender, who maintains or assists the principal or accessory

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

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

 5  neglect of a child, aggravated child abuse, aggravated

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

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

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

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

10  accessory after the fact unless the court finds that the

11  person is a victim of domestic violence.

12         Section 3.  For the purpose of incorporating the

13  amendment made by this act to section 777.03, Florida

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

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

16  read:

17         921.0022  Criminal Punishment Code; offense severity

18  ranking chart.--

19         (3)  OFFENSE SEVERITY RANKING CHART

20  

21  Florida           Felony

22  Statute           Degree             Description

23  

24                     

25                              (h)  LEVEL 8

26  316.193

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

28  327.35(3)(c)3.     2nd      Vessel BUI manslaughter.

29  499.0051(7)        1st      Forgery of prescription or legend

30                              drug labels.

31  


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    SB 142                                   First Engrossed (ntc)



 1  499.0052           1st      Trafficking in contraband legend

 2                              drugs.

 3  560.123(8)(b)2.    2nd      Failure to report currency or

 4                              payment instruments totaling or

 5                              exceeding $20,000, but less than

 6                              $100,000 by money transmitter.

 7  560.125(5)(b)      2nd      Money transmitter business by

 8                              unauthorized person, currency or

 9                              payment instruments totaling or

10                              exceeding $20,000, but less than

11                              $100,000.

12  655.50(10)(b)2.    2nd      Failure to report financial

13                              transactions totaling or

14                              exceeding $20,000, but less than

15                              $100,000 by financial

16                              institutions.

17  777.03(2)(a)       1st      Accessory after the fact, capital

18                              felony.

19  782.04(4)          2nd      Killing of human without design

20                              when engaged in act or attempt of

21                              any felony other than arson,

22                              sexual battery, robbery,

23                              burglary, kidnapping, aircraft

24                              piracy, or unlawfully discharging

25                              bomb.

26  782.051(2)         1st      Attempted felony murder while

27                              perpetrating or attempting to

28                              perpetrate a felony not

29                              enumerated in s. 782.04(3).

30  

31  


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    SB 142                                   First Engrossed (ntc)



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

 2                              failing to render aid or give

 3                              information.

 4  782.072(2)         1st      Committing vessel homicide and

 5                              failing to render aid or give

 6                              information.

 7  790.161(3)         1st      Discharging a destructive device

 8                              which results in bodily harm or

 9                              property damage.

10  794.011(5)         2nd      Sexual battery, victim 12 years

11                              or over, offender does not use

12                              physical force likely to cause

13                              serious injury.

14  800.04(4)          2nd      Lewd or lascivious battery.

15  806.01(1)          1st      Maliciously damage dwelling or

16                              structure by fire or explosive,

17                              believing person in structure.

18  810.02(2)(a)       1st,PBL  Burglary with assault or battery.

19  810.02(2)(b)       1st,PBL  Burglary; armed with explosives

20                              or dangerous weapon.

21  810.02(2)(c)       1st      Burglary of a dwelling or

22                              structure causing structural

23                              damage or $1,000 or more property

24                              damage.

25  812.13(2)(b)       1st      Robbery with a weapon.

26  812.135(2)         1st      Home-invasion robbery.

27  817.568(6)         2nd      Fraudulent use of personal

28                              identification information of an

29                              individual under the age of 18.

30  825.102(2)         2nd      Aggravated abuse of an elderly

31                              person or disabled adult.


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    SB 142                                   First Engrossed (ntc)



 1  825.1025(2)        2nd      Lewd or lascivious battery upon

 2                              an elderly person or disabled

 3                              adult.

 4  825.103(2)(a)      1st      Exploiting an elderly person or

 5                              disabled adult and property is

 6                              valued at $100,000 or more.

 7  837.02(2)          2nd      Perjury in official proceedings

 8                              relating to prosecution of a

 9                              capital felony.

10  837.021(2)         2nd      Making contradictory statements

11                              in official proceedings relating

12                              to prosecution of a capital

13                              felony.

14  860.121(2)(c)      1st      Shooting at or throwing any

15                              object in path of railroad

16                              vehicle resulting in great bodily

17                              harm.

18  860.16             1st      Aircraft piracy.

19  893.13(1)(b)       1st      Sell or deliver in excess of 10

20                              grams of any substance specified

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

22  893.13(2)(b)       1st      Purchase in excess of 10 grams of

23                              any substance specified in s.

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

25  893.13(6)(c)       1st      Possess in excess of 10 grams of

26                              any substance specified in s.

27                              893.03(1)(a) or (b).

28  893.135(1)(a)2.    1st      Trafficking in cannabis, more

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

30                              lbs.

31  


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    SB 142                                   First Engrossed (ntc)



 1  893.135

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

 3                              200 grams, less than 400 grams.

 4  893.135

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

 6                              more than 14 grams, less than 28

 7                              grams.

 8  893.135

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

10                              more than 200 grams, less than

11                              400 grams.

12  893.135

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

14                              than 5 kilograms, less than 25

15                              kilograms.

16  893.135

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

18                              than 28 grams, less than 200

19                              grams.

20  893.135

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

22                              grams or more, less than 28

23                              grams.

24  893.135

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

26                              gamma-hydroxybutyric acid (GHB),

27                              5 kilograms or more, less than 10

28                              kilograms.

29  

30  

31  


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    SB 142                                   First Engrossed (ntc)



 1  893.135

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

 3                              kilograms or more, less than 10

 4                              kilograms.

 5  893.135

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

 7                              200 grams or more, less than 400

 8                              grams.

 9  895.03(1)          1st      Use or invest proceeds derived

10                              from pattern of racketeering

11                              activity.

12  895.03(2)          1st      Acquire or maintain through

13                              racketeering activity any

14                              interest in or control of any

15                              enterprise or real property.

16  895.03(3)          1st      Conduct or participate in any

17                              enterprise through pattern of

18                              racketeering activity.

19  896.101(5)(b)      2nd      Money laundering, financial

20                              transactions totaling or

21                              exceeding $20,000, but less than

22                              $100,000.

23  896.104(4)(a)2.    2nd      Structuring transactions to evade

24                              reporting or registration

25                              requirements, financial

26                              transactions totaling or

27                              exceeding $20,000 but less than

28                              $100,000.

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

30  law.

31  


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