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Senate Bill 0586

Florida Senate - 1998 SB 586 By Senator Silver 38-520-98 1 A bill to be entitled 2 An act relating to felony offenses; amending s. 3 782.051, F.S.; revising the elements of the 4 offense of committing a felony that causes 5 bodily injury to provide that if a person who 6 perpetrates or attempts to perpetrate certain 7 enumerated felony offenses and who commits, 8 aids, or abets an intentional act that could, 9 but does not, cause the death of another, the 10 person commits a first-degree felony; providing 11 for ranking such offense under the Criminal 12 Punishment Code based on the felony offense 13 committed; providing an effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Section 782.051, Florida Statutes, as 18 amended by section 18 of chapter 97-194, Laws of Florida, is 19 amended to read: 20 782.051 Attempted felony murder causing bodily 21 injury.-- 22 (1) Any person who perpetrates or attempts to 23 perpetrate any felony enumerated in s. 782.04(3) and who 24 commits, aids, or abets an intentional act that is not an 25 essential element of the felony and that could, but does not, 26 cause the death of causes bodily injury to another commits a 27 felony of the first degree, punishable by imprisonment for a 28 term of years not exceeding life, or as provided in s. 29 775.082, s. 775.083, or s. 775.084, which is an offense ranked 30 in level 9 of the Criminal Punishment Code. Victim injury 31 points shall be scored under this subsection. 1 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 586 38-520-98 1 (2) Any person who perpetrates or attempts to 2 perpetrate any felony other than a felony enumerated in s. 3 782.04(3) and who commits, aids, or abets an intentional act 4 that is not an essential element of the felony and that could, 5 but does not, cause the death of causes bodily injury to 6 another commits a felony of the first degree, punishable as 7 provided in s. 775.082, s. 775.083, or s. 775.084, which is an 8 offense ranked in level 8 of the Criminal Punishment Code. 9 Victim injury points shall be scored under this subsection. 10 (3) When a person is injured during the perpetration 11 of or the attempt to perpetrate any felony enumerated in s. 12 782.04(3) by a person other than the person engaged in the 13 perpetration of or the attempt to perpetrate such felony, the 14 person perpetrating or attempting to perpetrate such felony 15 commits a felony of the second degree, punishable as provided 16 in s. 775.082, s. 775.083, or s. 775.084, which is an offense 17 ranked in level 7 of the Criminal Punishment Code. Victim 18 injury points shall be scored under this subsection. 19 Section 2. This act shall take effect October 1, 1998. 20 21 ***************************************** 22 SENATE SUMMARY 23 Revises the elements of the offense of committing or perpetrating a felony that causes bodily injury to 24 provide that it is a first-degree felony for a person to perpetrate or attempt to perpetrate a felony and to 25 commit, aid, or abet an intentional act that could, but does not, cause the death of another. Provides for the 26 offense to be ranked for purposes of the Criminal Punishment Code according to the severity of the 27 underlying felony offense. 28 29 30 31 2