CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
hbd4233-38 Bill No. HB 4233
Amendment No. (for drafter's use only)
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4
5 ORIGINAL STAMP BELOW
6
7
8
9
10
11 Representative(s) Stafford offered the following:
12
13 Amendment (with title amendment)
14 On page 15, lines 14 and 15,
15 remove from the bill: all of said lines
16
17 and insert in lieu thereof:
18 Section 9. Section 782.071, Florida Statutes, is
19 amended to read:
20 782.071 Vehicular homicide.--"Vehicular homicide" is
21 the killing of a human being by the operation of a motor
22 vehicle by another in a reckless manner likely to cause the
23 death of, or great bodily harm to, another. Vehicular homicide
24 is:
25 (1) A felony of the second third degree, punishable as
26 provided in s. 775.082, s. 775.083, or s. 775.084.
27 (2) A felony of the first second degree, punishable as
28 provided in s. 775.082, s. 775.083, or s. 775.084, if:
29 (a) At the time of the accident, the person knew, or
30 should have known, that the accident occurred; and
31 (b) The person failed to give information and render
1
File original & 9 copies 04/28/98
hbd0021 03:56 pm 04233-0092-155951
HOUSE AMENDMENT
hbd4233-38 Bill No. HB 4233
Amendment No. (for drafter's use only)
1 aid as required by s. 316.062.
2
3 This subsection does not require that the person knew that the
4 accident resulted in injury or death.
5 Section 10. Section 782.072, Florida Statutes, is
6 amended to read:
7 782.072 Vessel homicide.--"Vessel homicide" is the
8 killing of a human being by the operation of a vessel as
9 defined in s. 327.02 by another in a reckless manner likely to
10 cause the death of, or great bodily harm to, another. Vessel
11 homicide is:
12 (1) A felony of the second third degree, punishable as
13 provided in s. 775.082, s. 775.083, or s. 775.084.
14 (2) A felony of the first second degree, punishable as
15 provided in s. 775.082, s. 775.083, or s. 775.084, if:
16 (a) At the time of the accident, the person knew, or
17 should have known, that the accident occurred; and
18 (b) The person failed to give information and render
19 aid as required by s. 327.30(1).
20
21 This subsection does not require that the person knew that the
22 accident resulted in injury or death.
23 Section 11. Paragraphs (g) and (h) of subsection (3)
24 of section 921.0022, Florida Statutes, are amended to read:
25 921.0022 Criminal Punishment Code; offense severity
26 ranking chart.--
27 (3) OFFENSE SEVERITY RANKING CHART
28
29 Florida Felony
30 Statute Degree Description
31
2
File original & 9 copies 04/28/98
hbd0021 03:56 pm 04233-0092-155951
HOUSE AMENDMENT
hbd4233-38 Bill No. HB 4233
Amendment No. (for drafter's use only)
1
2 (g) LEVEL 7
3 316.193(3)(c)2. 3rd DUI resulting in serious bodily
4 injury.
5 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
6 bodily injury.
7 409.920(2) 3rd Medicaid provider fraud.
8 494.0018(2) 1st Conviction of any violation of
9 ss. 494.001-494.0077 in which the
10 total money and property
11 unlawfully obtained exceeded
12 $50,000 and there were five or
13 more victims.
14 782.07(1) 2nd Killing of a human being by the
15 act, procurement, or culpable
16 negligence of another
17 (manslaughter).
18 782.071 2nd 3rd Killing of human being by the
19 operation of a motor vehicle in a
20 reckless manner (vehicular
21 homicide).
22 782.072 2nd 3rd Killing of a human being by the
23 operation of a vessel in a
24 reckless manner (vessel
25 homicide).
26 784.045(1)(a)1. 2nd Aggravated battery; intentionally
27 causing great bodily harm or
28 disfigurement.
29 784.045(1)(a)2. 2nd Aggravated battery; using deadly
30 weapon.
31
3
File original & 9 copies 04/28/98
hbd0021 03:56 pm 04233-0092-155951
HOUSE AMENDMENT
hbd4233-38 Bill No. HB 4233
Amendment No. (for drafter's use only)
1 784.045(1)(b) 2nd Aggravated battery; perpetrator
2 aware victim pregnant.
3 784.048(4) 3rd Aggravated stalking; violation of
4 injunction or court order.
5 784.07(2)(d) 1st Aggravated battery on law
6 enforcement officer.
7 784.08(2)(a) 1st Aggravated battery on a person 65
8 years of age or older.
9 784.081(1) 1st Aggravated battery on specified
10 official or employee.
11 784.082(1) 1st Aggravated battery by detained
12 person on visitor or other
13 detainee.
14 790.07(4) 1st Specified weapons violation
15 subsequent to previous conviction
16 of s. 790.07(1) or (2).
17 790.16(1) 1st Discharge of a machine gun under
18 specified circumstances.
19 796.03 2nd Procuring any person under 16
20 years for prostitution.
21 800.04 2nd Handle, fondle, or assault child
22 under 16 years in lewd,
23 lascivious, or indecent manner.
24 806.01(2) 2nd Maliciously damage structure by
25 fire or explosive.
26 810.02(3)(a) 2nd Burglary of occupied dwelling;
27 unarmed; no assault or battery.
28 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
29 unarmed; no assault or battery.
30 810.02(3)(d) 2nd Burglary of occupied conveyance;
31 unarmed; no assault or battery.
4
File original & 9 copies 04/28/98
hbd0021 03:56 pm 04233-0092-155951
HOUSE AMENDMENT
hbd4233-38 Bill No. HB 4233
Amendment No. (for drafter's use only)
1 812.014(2)(a) 1st Property stolen, valued at
2 $100,000 or more; property stolen
3 while causing other property
4 damage; 1st degree grand theft.
5 812.019(2) 1st Stolen property; initiates,
6 organizes, plans, etc., the theft
7 of property and traffics in
8 stolen property.
9 812.133(2)(b) 1st Carjacking; no firearm, deadly
10 weapon, or other weapon.
11 825.102(3)(b) 2nd Neglecting an elderly person or
12 disabled adult causing great
13 bodily harm, disability, or
14 disfigurement.
15 825.1025(2) 2nd Lewd or lascivious battery upon
16 an elderly person or disabled
17 adult.
18 825.103(2)(b) 2nd Exploiting an elderly person or
19 disabled adult and property is
20 valued at $20,000 or more, but
21 less than $100,000.
22 827.03(3)(b) 2nd Neglect of a child causing great
23 bodily harm, disability, or
24 disfigurement.
25 827.04(4) 3rd Impregnation of a child under 16
26 years of age by person 21 years
27 of age or older.
28 872.06 2nd Abuse of a dead human body.
29 893.13(1)(c)1. 1st Sell, manufacture, or deliver
30 cocaine (or other s.
31 893.03(1)(a), (1)(b), (1)(d),
5
File original & 9 copies 04/28/98
hbd0021 03:56 pm 04233-0092-155951
HOUSE AMENDMENT
hbd4233-38 Bill No. HB 4233
Amendment No. (for drafter's use only)
1 (2)(a), or (2)(b) drugs) within
2 1,000 feet of a school.
3 893.13(4)(a) 1st Deliver to minor cocaine (or
4 other s. 893.03(1)(a), (1)(b),
5 (1)(d), (2)(a), or (2)(b) drugs).
6 893.135(1)(a)1. 1st Trafficking in cannabis, more
7 than 50 lbs., less than 2,000
8 lbs.
9 893.135
10 (1)(b)1.a. 1st Trafficking in cocaine, more than
11 28 grams, less than 200 grams.
12 893.135
13 (1)(c)1.a. 1st Trafficking in illegal drugs,
14 more than 4 grams, less than 14
15 grams.
16 893.135
17 (1)(d)1. 1st Trafficking in phencyclidine,
18 more than 28 grams, less than 200
19 grams.
20 893.135(1)(e)1. 1st Trafficking in methaqualone, more
21 than 200 grams, less than 5
22 kilograms.
23 893.135(1)(f)1. 1st Trafficking in amphetamine, more
24 than 14 grams, less than 28
25 grams.
26 (h) LEVEL 8
27 316.193
28 (3)(c)3.a. 2nd DUI manslaughter.
29 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
30 777.03(2)(a) 1st Accessory after the fact, capital
31 felony.
6
File original & 9 copies 04/28/98
hbd0021 03:56 pm 04233-0092-155951
HOUSE AMENDMENT
hbd4233-38 Bill No. HB 4233
Amendment No. (for drafter's use only)
1 782.04(4) 2nd Killing of human without design
2 when engaged in act or attempt of
3 any felony other than arson,
4 sexual battery, robbery,
5 burglary, kidnapping, aircraft
6 piracy, or unlawfully discharging
7 bomb.
8 782.071(2) 1st 2nd Committing vehicular homicide and
9 failing to render aid or give
10 information.
11 782.072(2) 1st 2nd Committing vessel homicide and
12 failing to render aid or give
13 information.
14 790.161(3) 1st Discharging a destructive device
15 which results in bodily harm or
16 property damage.
17 794.011(5) 2nd Sexual battery, victim 12 years
18 or over, offender does not use
19 physical force likely to cause
20 serious injury.
21 806.01(1) 1st Maliciously damage dwelling or
22 structure by fire or explosive,
23 believing person in structure.
24 810.02(2)(a) 1st,PBL Burglary with assault or battery.
25 810.02(2)(b) 1st,PBL Burglary; armed with explosives
26 or dangerous weapon.
27 810.02(2)(c) 1st Burglary of a dwelling or
28 structure causing structural
29 damage or $1,000 or more property
30 damage.
31 812.13(2)(b) 1st Robbery with a weapon.
7
File original & 9 copies 04/28/98
hbd0021 03:56 pm 04233-0092-155951
HOUSE AMENDMENT
hbd4233-38 Bill No. HB 4233
Amendment No. (for drafter's use only)
1 812.135(2) 1st Home-invasion robbery.
2 825.102(2) 2nd Aggravated abuse of an elderly
3 person or disabled 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.
7 827.03(2) 2nd Aggravated child abuse.
8 860.121(2)(c) 1st Shooting at or throwing any
9 object in path of railroad
10 vehicle resulting in great bodily
11 harm.
12 860.16 1st Aircraft piracy.
13 893.13(1)(b) 1st Sell or deliver in excess of 10
14 grams of any substance specified
15 in s. 893.03(1)(a) or (b).
16 893.13(2)(b) 1st Purchase in excess of 10 grams of
17 any substance specified in s.
18 893.03(1)(a) or (b).
19 893.13(6)(c) 1st Possess in excess of 10 grams of
20 any substance specified in s.
21 893.03(1)(a) or (b).
22 893.135(1)(a)2. 1st Trafficking in cannabis, more
23 than 2,000 lbs., less than 10,000
24 lbs.
25 893.135
26 (1)(b)1.b. 1st Trafficking in cocaine, more than
27 200 grams, less than 400 grams.
28 893.135
29 (1)(c)1.b. 1st Trafficking in illegal drugs,
30 more than 14 grams, less than 28
31 grams.
8
File original & 9 copies 04/28/98
hbd0021 03:56 pm 04233-0092-155951
HOUSE AMENDMENT
hbd4233-38 Bill No. HB 4233
Amendment No. (for drafter's use only)
1 893.135
2 (1)(d)1.b. 1st Trafficking in phencyclidine,
3 more than 200 grams, less than
4 400 grams.
5 893.135
6 (1)(e)1.b. 1st Trafficking in methaqualone, more
7 than 5 kilograms, less than 25
8 kilograms.
9 893.135
10 (1)(f)1.b. 1st Trafficking in amphetamine, more
11 than 28 grams, less than 200
12 grams.
13 895.03(1) 1st Use or invest proceeds derived
14 from pattern of racketeering
15 activity.
16 895.03(2) 1st Acquire or maintain through
17 racketeering activity any
18 interest in or control of any
19 enterprise or real property.
20 895.03(3) 1st Conduct or participate in any
21 enterprise through pattern of
22 racketeering activity.
23 Section 12. This act shall take effect October 1 of
24 the year in which enacted.
25
26
27 ================ T I T L E A M E N D M E N T ===============
28 And the title is amended as follows:
29 Remove from the title of the bill: the entire title
30
31 and insert in lieu thereof:
9
File original & 9 copies 04/28/98
hbd0021 03:56 pm 04233-0092-155951
HOUSE AMENDMENT
hbd4233-38 Bill No. HB 4233
Amendment No. (for drafter's use only)
1 A bill to be entitled
2 An act relating to homicide; amending s.
3 782.04, F.S.; redefining the offense of capital
4 murder in the first degree to include the act
5 of unlawfully killing a human being while
6 perpetrating, or attempting to perpetrate, the
7 murder of another human being; providing
8 penalties; providing that a person who
9 perpetrates or attempts to perpetrate a murder
10 commits felony murder in the second degree when
11 a person is killed by someone other than the
12 perpetrator; providing penalties; adding murder
13 to the list of felony offenses which do not
14 constitute third-degree felony murder;
15 reenacting ss. 39.464(1)(d), 435.03(2)(b),
16 435.04(2)(b), 775.0823(1) and (2),
17 921.0022(3)(i), 943.325(1), and 947.146(3),
18 F.S., relating to the termination of parental
19 rights, screening standards, violent offenses
20 against law enforcement officers and others,
21 the Criminal Punishment Code, blood testing,
22 and the Control Release Authority, to
23 incorporate the amendment to 782.04, F.S., in
24 references thereto; amending ss. 782.071,
25 782.072, F.S.; increasing the penalties imposed
26 for committing the offense of vehicular
27 homicide or vessel homicide; increasing the
28 penalties imposed for committing vehicular
29 homicide or vessel homicide and failing to give
30 information and render aid when the offender
31 knew, or should have known, that the accident
10
File original & 9 copies 04/28/98
hbd0021 03:56 pm 04233-0092-155951
HOUSE AMENDMENT
hbd4233-38 Bill No. HB 4233
Amendment No. (for drafter's use only)
1 occurred; amending s. 921.0022, F.S., relating
2 to the Criminal Punishment Code; conforming
3 references to changes made by the act;
4 providing an effective date.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
11
File original & 9 copies 04/28/98
hbd0021 03:56 pm 04233-0092-155951