Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 476
       
       
       
       
       
       
                                Ì629468XÎ629468                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/03/2017           .                                
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       The Committee on Criminal Justice (Bean) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 118 - 199
    4  and insert:
    5  859.01, or s. 876.34, in furtherance of intimidating or coercing
    6  the policy of a government, or in furtherance of affecting the
    7  conduct of a government by mass destruction, assassination, or
    8  kidnapping, commits the crime of terrorism, a felony of the
    9  first degree, punishable as provided in s. 775.082, s. 775.083,
   10  or s. 775.084.
   11         (3) A person who commits a violation of subsection (2)
   12  which results in death or serious bodily injury commits a life
   13  felony, punishable as provided in s. 775.082, s. 775.083, or s.
   14  775.084. As used in this subsection, the term “serious bodily
   15  injury” means an injury to a person which creates a substantial
   16  risk of death, serious personal disfigurement, or protracted
   17  loss or impairment of the function of a bodily member or an
   18  organ.
   19         Section 2. Section 775.31, Florida Statutes, is amended to
   20  read:
   21         775.31 Facilitating or furthering terrorism; felony or
   22  misdemeanor reclassification.—
   23         (1) If a person is convicted of committing a felony or
   24  misdemeanor that facilitated or furthered any act of terrorism,
   25  the court shall reclassify the felony or misdemeanor to the next
   26  higher degree as provided in this section. The reclassification
   27  shall be made in the following manner:
   28         (a) In the case of a misdemeanor of the second degree, the
   29  offense is reclassified as a misdemeanor of the first degree.
   30         (b) In the case of a misdemeanor of the first degree, the
   31  offense is reclassified as a felony of the third degree.
   32         (c) In the case of a felony of the third degree, the
   33  offense is reclassified as a felony of the second degree.
   34         (d) In the case of a felony of the second degree, the
   35  offense is reclassified as a felony of the first degree.
   36         (e) In the case of a felony of the first degree or a felony
   37  of the first degree punishable by a term of imprisonment not
   38  exceeding life, the offense is reclassified as a life felony.
   39         (2) For purposes of sentencing under chapter 921, the
   40  following offense severity ranking levels apply:
   41         (a) An offense that is a misdemeanor of the first degree
   42  and that is reclassified under this section as a felony of the
   43  third degree is ranked in level 2 of the offense severity
   44  ranking chart.
   45         (b) A felony offense that is reclassified under this
   46  section is ranked one level above the ranking specified in s.
   47  921.0022 or s. 921.0023 for the offense committed.
   48         (3) As used in this section, the term “terrorism” has the
   49  same meaning as provided in s. 775.30(1) means an activity that:
   50         (a)1. Involves a violent act or an act dangerous to human
   51  life which is a violation of the criminal laws of this state or
   52  of the United States; or
   53         2. Involves a violation of s. 815.06; and
   54         (b) Is intended to:
   55         1. Intimidate, injure, or coerce a civilian population;
   56         2. Influence the policy of a government by intimidation or
   57  coercion; or
   58         3. Affect the conduct of government through destruction of
   59  property, assassination, murder, kidnapping, or aircraft piracy.
   60         (4) The reclassification of offenses under this section
   61  does not apply to s. 775.30, s. 775.32, s. 775.33, s. 775.34, or
   62  s. 775.35.
   63         Section 3. Section 775.32, Florida Statutes, is created to
   64  read:
   65         775.32 Use of military-type training provided by a
   66  designated foreign terrorist organization.—
   67         (1) As used in this section, the term:
   68         (a) “Critical infrastructure facility” has the same meaning
   69  as provided in s. 493.631.
   70         (b) “Designated foreign terrorist organization” means an
   71  organization designated as a terrorist organization under s. 219
   72  of the Immigration and Nationality Act.
   73         (c) “Military-type training” means training in means or
   74  methods that can cause the death of, or serious bodily injury
   75  to, another person, destroy or damage property or critical
   76  infrastructure facilities, or disrupt services to critical
   77  infrastructure facilities; or training on the use, storage,
   78  production, or assembly of an explosive, a firearm, or any other
   79  weapon, including a weapon of mass destruction.
   80         (d) “Serious bodily injury” has the same meaning as
   81  provided in s. 775.30(3).
   82         (e) “Weapon of mass destruction” has the same meaning as
   83  provided in s. 790.166.
   84         (2) A person who has received military-type training from a
   85  designated foreign terrorist organization may not use, attempt
   86  to use, or conspire to use such military-type training with the
   87  intent to unlawfully harm another person or damage critical
   88  infrastructure
   89  
   90  ================= T I T L E  A M E N D M E N T ================
   91  And the title is amended as follows:
   92         Delete lines 7 - 10
   93  and insert:
   94         specified criminal provisions in furtherance of
   95         certain objectives is a crime of terrorism; providing