Senate Bill 0312
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Florida Senate - 2000 SB 312
By Senator Campbell
33-245A-00 See HB
1 A bill to be entitled
2 An act relating to criminal justice; amending
3 s. 782.04, F.S.; making it a capital felony to
4 commit the unlawful killing of a human being
5 while perpetrating or attempting to perpetrate
6 the act of resisting a law enforcement officer
7 with violence; providing penalties for
8 specified murders involving the perpetration of
9 or the attempt to perpetrate the act of
10 resisting a law enforcement officer with
11 violence; reenacting ss. 775.0823(1), (2), (3),
12 (4), (5), and (6), 782.051, 903.133,
13 921.0022(3)(h), (i), and (j), and
14 947.146(3)(i), F.S., relating to violent
15 offenses committed against law enforcement
16 officers, correctional officers, state
17 attorneys, assistant state attorneys, justices,
18 or judges, relating to attempted felony murder,
19 relating to bail on appeal prohibited for
20 certain felony convictions, relating to the
21 Criminal Punishment Code offense severity
22 ranking chart, and relating to the Control
23 Release Authority; providing an effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. Section 782.04, Florida Statutes, is
28 amended to read:
29 782.04 Murder.--
30 (1)(a) The unlawful killing of a human being:
31
1
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1 1. When perpetrated from a premeditated design to
2 effect the death of the person killed or any human being;
3 2. When committed by a person engaged in the
4 perpetration of, or in the attempt to perpetrate, any:
5 a. Trafficking offense prohibited by s. 893.135(1),
6 b. Arson,
7 c. Sexual battery,
8 d. Robbery,
9 e. Burglary,
10 f. Kidnapping,
11 g. Escape,
12 h. Aggravated child abuse,
13 i. Aggravated abuse of an elderly person or disabled
14 adult,
15 j. Aircraft piracy,
16 k. Unlawful throwing, placing, or discharging of a
17 destructive device or bomb,
18 l. Carjacking,
19 m. Home-invasion robbery,
20 n. Aggravated stalking,
21 o. Murder of another human being,; or
22 p. Resisting a law enforcement officer with violence;
23 or
24 3. Which resulted from the unlawful distribution of
25 any substance controlled under s. 893.03(1), cocaine as
26 described in s. 893.03(2)(a)4., or opium or any synthetic or
27 natural salt, compound, derivative, or preparation of opium by
28 a person 18 years of age or older, when such drug is proven to
29 be the proximate cause of the death of the user,
30
31
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1 is murder in the first degree and constitutes a capital
2 felony, punishable as provided in s. 775.082.
3 (b) In all cases under this section, the procedure set
4 forth in s. 921.141 shall be followed in order to determine
5 sentence of death or life imprisonment.
6 (2) The unlawful killing of a human being, when
7 perpetrated by any act imminently dangerous to another and
8 evincing a depraved mind regardless of human life, although
9 without any premeditated design to effect the death of any
10 particular individual, is murder in the second degree and
11 constitutes a felony of the first degree, punishable by
12 imprisonment for a term of years not exceeding life or as
13 provided in s. 775.082, s. 775.083, or s. 775.084.
14 (3) When a person is killed in the perpetration of, or
15 in the attempt to perpetrate, any:
16 (a) Trafficking offense prohibited by s. 893.135(1),
17 (b) Arson,
18 (c) Sexual battery,
19 (d) Robbery,
20 (e) Burglary,
21 (f) Kidnapping,
22 (g) Escape,
23 (h) Aggravated child abuse,
24 (i) Aggravated abuse of an elderly person or disabled
25 adult,
26 (j) Aircraft piracy,
27 (k) Unlawful throwing, placing, or discharging of a
28 destructive device or bomb,
29 (l) Carjacking,
30 (m) Home-invasion robbery,
31 (n) Aggravated stalking, or
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Florida Senate - 2000 SB 312
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1 (o) Murder of another human being, or
2 (p) Resisting a law enforcement officer with violence,
3
4 by a person other than the person engaged in the perpetration
5 of or in the attempt to perpetrate such felony, the person
6 perpetrating or attempting to perpetrate such felony is guilty
7 of murder in the second degree, which constitutes a felony of
8 the first degree, punishable by imprisonment for a term of
9 years not exceeding life or as provided in s. 775.082, s.
10 775.083, or s. 775.084.
11 (4) The unlawful killing of a human being, when
12 perpetrated without any design to effect death, by a person
13 engaged in the perpetration of, or in the attempt to
14 perpetrate, any felony other than any:
15 (a) Trafficking offense prohibited by s. 893.135(1),
16 (b) Arson,
17 (c) Sexual battery,
18 (d) Robbery,
19 (e) Burglary,
20 (f) Kidnapping,
21 (g) Escape,
22 (h) Aggravated child abuse,
23 (i) Aggravated abuse of an elderly person or disabled
24 adult,
25 (j) Aircraft piracy,
26 (k) Unlawful throwing, placing, or discharging of a
27 destructive device or bomb,
28 (l) Unlawful distribution of any substance controlled
29 under s. 893.03(1), cocaine as described in s. 893.03(2)(a)4.,
30 or opium or any synthetic or natural salt, compound,
31 derivative, or preparation of opium by a person 18 years of
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1 age or older, when such drug is proven to be the proximate
2 cause of the death of the user,
3 (m) Carjacking,
4 (n) Home-invasion robbery,
5 (o) Aggravated stalking, or
6 (p) Murder of another human being, or
7 (q) Resisting a law enforcement officer with violence,
8
9 is murder in the third degree and constitutes a felony of the
10 second degree, punishable as provided in s. 775.082, s.
11 775.083, or s. 775.084.
12 Section 2. For the purpose of incorporating the
13 amendments made by this act to section 782.04, Florida
14 Statutes, in references thereto, subsections (1), (2), (3),
15 (4), (5) and (6) of section 775.0823, Florida Statutes, are
16 reenacted to read:
17 775.0823 Violent offenses committed against law
18 enforcement officers, correctional officers, state attorneys,
19 assistant state attorneys, justices, or judges.--Any provision
20 of law to the contrary notwithstanding, the Legislature does
21 hereby provide for an increase and certainty of penalty for
22 any person convicted of a violent offense against any law
23 enforcement or correctional officer, as defined in s.
24 943.10(1), (2), (3), (6), (7), (8), or (9); against any state
25 attorney elected pursuant to s. 27.01 or assistant state
26 attorney appointed under s. 27.181; or against any justice or
27 judge of a court described in Art. V of the State
28 Constitution, which offense arises out of or in the scope of
29 the officer's duty as a law enforcement or correctional
30 officer, the state attorney's or assistant state attorney's
31
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1 duty as a prosecutor or investigator, or the justice's or
2 judge's duty as a judicial officer, as follows:
3 (1) For murder in the first degree as described in s.
4 782.04(1), if the death sentence is not imposed, a sentence of
5 imprisonment for life without eligibility for release.
6 (2) For attempted murder in the first degree as
7 described in s. 782.04(1), a sentence pursuant to the Criminal
8 Punishment Code.
9 (3) For murder in the second degree as described in s.
10 782.04(2) and (3), a sentence pursuant to the Criminal
11 Punishment Code.
12 (4) For attempted murder in the second degree as
13 described in s. 782.04(2) and (3), a sentence pursuant to the
14 Criminal Punishment Code.
15 (5) For murder in the third degree as described in s.
16 782.04(4), a sentence pursuant to the Criminal Punishment
17 Code.
18 (6) For attempted murder in the third degree as
19 described in s. 782.04(4), a sentence pursuant to the Criminal
20 Punishment Code.
21
22 Notwithstanding the provisions of s. 948.01, with respect to
23 any person who is found to have violated this section,
24 adjudication of guilt or imposition of sentence shall not be
25 suspended, deferred, or withheld.
26 Section 3. For the purpose of incorporating the
27 amendments made by this act to section 782.04, Florida
28 Statutes, in references thereto, section 782.051, Florida
29 Statutes, is reenacted to read:
30 782.051 Attempted felony murder.--
31
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1 (1) Any person who perpetrates or attempts to
2 perpetrate any felony enumerated in s. 782.04(3) and who
3 commits, aids, or abets an intentional act that is not an
4 essential element of the felony and that could, but does not,
5 cause the death of another commits a felony of the first
6 degree, punishable by imprisonment for a term of years not
7 exceeding life, or as provided in s. 775.082, s. 775.083, or
8 s. 775.084, which is an offense ranked in level 9 of the
9 Criminal Punishment Code. Victim injury points shall be scored
10 under this subsection.
11 (2) Any person who perpetrates or attempts to
12 perpetrate any felony other than a felony enumerated in s.
13 782.04(3) and who commits, aids, or abets an intentional act
14 that is not an essential element of the felony and that could,
15 but does not, cause the death of another commits a felony of
16 the first degree, punishable as provided in s. 775.082, s.
17 775.083, or s. 775.084, which is an offense ranked in level 8
18 of the Criminal Punishment Code. Victim injury points shall be
19 scored under this subsection.
20 (3) When a person is injured during the perpetration
21 of or the attempt to perpetrate any felony enumerated in s.
22 782.04(3) by a person other than the person engaged in the
23 perpetration of or the attempt to perpetrate such felony, the
24 person perpetrating or attempting to perpetrate such felony
25 commits a felony of the second degree, punishable as provided
26 in s. 775.082, s. 775.083, or s. 775.084, which is an offense
27 ranked in level 7 of the Criminal Punishment Code. Victim
28 injury points shall be scored under this subsection.
29 Section 4. For the purpose of incorporating the
30 amendments made by this act to section 782.04, Florida
31
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1 Statutes, in references thereto, section 903.133, Florida
2 Statutes, is reenacted to read:
3 903.133 Bail on appeal; prohibited for certain felony
4 convictions.--Notwithstanding the provisions of s. 903.132, no
5 person adjudged guilty of a felony of the first degree for a
6 violation of s. 782.04(2) or (3), s. 787.01, s. 794.011(4), s.
7 806.01, s. 893.13, or s. 893.135, or adjudged guilty of a
8 violation of s. 794.011(2) or (3), shall be admitted to bail
9 pending review either by posttrial motion or appeal.
10 Section 5. For the purpose of incorporating the
11 amendments made by this act to section 782.04, Florida
12 Statutes, in references thereto, paragraphs (h) and (i) of
13 subsection (3) of section 921.0022, Florida Statutes, are
14 reenacted to read:
15 921.0022 Criminal Punishment Code; offense severity
16 ranking chart.--
17 (3) OFFENSE SEVERITY RANKING CHART
18
19 Florida Felony
20 Statute Degree Description
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.
26 777.03(2)(a) 1st Accessory after the fact, capital
27 felony.
28
29
30
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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.
8 782.051(2) 1st Attempted felony murder while
9 perpetrating or attempting to
10 perpetrate a felony not
11 enumerated in s. 782.04(3).
12 782.071(2) 1st Committing vehicular homicide and
13 failing to render aid or give
14 information.
15 782.072(2) 1st Committing vessel homicide and
16 failing to render aid or give
17 information.
18 790.161(3) 1st Discharging a destructive device
19 which results in bodily harm or
20 property damage.
21 794.011(5) 2nd Sexual battery, victim 12 years
22 or over, offender does not use
23 physical force likely to cause
24 serious injury.
25 800.04(4) 2nd Lewd or lascivious battery.
26 806.01(1) 1st Maliciously damage dwelling or
27 structure by fire or explosive,
28 believing person in structure.
29 810.02(2)(a) 1st,PBL Burglary with assault or battery.
30 810.02(2)(b) 1st,PBL Burglary; armed with explosives
31 or dangerous weapon.
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1 810.02(2)(c) 1st Burglary of a dwelling or
2 structure causing structural
3 damage or $1,000 or more property
4 damage.
5 812.13(2)(b) 1st Robbery with a weapon.
6 812.135(2) 1st Home-invasion robbery.
7 825.102(2) 2nd Aggravated abuse of an elderly
8 person or disabled adult.
9 825.103(2)(a) 1st Exploiting an elderly person or
10 disabled adult and property is
11 valued at $100,000 or more.
12 837.02(2) 2nd Perjury in official proceedings
13 relating to prosecution of a
14 capital felony.
15 837.021(2) 2nd Making contradictory statements
16 in official proceedings relating
17 to prosecution of a capital
18 felony.
19 860.121(2)(c) 1st Shooting at or throwing any
20 object in path of railroad
21 vehicle resulting in great bodily
22 harm.
23 860.16 1st Aircraft piracy.
24 893.13(1)(b) 1st Sell or deliver in excess of 10
25 grams of any substance specified
26 in s. 893.03(1)(a) or (b).
27 893.13(2)(b) 1st Purchase in excess of 10 grams of
28 any substance specified in s.
29 893.03(1)(a) or (b).
30
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1 893.13(6)(c) 1st Possess in excess of 10 grams of
2 any substance specified in s.
3 893.03(1)(a) or (b).
4 893.135(1)(a)2. 1st Trafficking in cannabis, more
5 than 2,000 lbs., less than 10,000
6 lbs.
7 893.135
8 (1)(b)1.b. 1st Trafficking in cocaine, more than
9 200 grams, less than 400 grams.
10 893.135
11 (1)(c)1.b. 1st Trafficking in illegal drugs,
12 more than 14 grams, less than 28
13 grams.
14 893.135
15 (1)(d)1.b. 1st Trafficking in phencyclidine,
16 more than 200 grams, less than
17 400 grams.
18 893.135
19 (1)(e)1.b. 1st Trafficking in methaqualone, more
20 than 5 kilograms, less than 25
21 kilograms.
22 893.135
23 (1)(f)1.b. 1st Trafficking in amphetamine, more
24 than 28 grams, less than 200
25 grams.
26 893.135
27 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14
28 grams or more, less than 28
29 grams.
30
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1 895.03(1) 1st Use or invest proceeds derived
2 from pattern of racketeering
3 activity.
4 895.03(2) 1st Acquire or maintain through
5 racketeering activity any
6 interest in or control of any
7 enterprise or real property.
8 895.03(3) 1st Conduct or participate in any
9 enterprise through pattern of
10 racketeering activity.
11 (i) LEVEL 9
12 316.193
13 (3)(c)3.b. 1st DUI manslaughter; failing to
14 render aid or give information.
15 782.04(1) 1st Attempt, conspire, or solicit to
16 commit premeditated murder.
17 782.04(3) 1st,PBL Accomplice to murder in
18 connection with arson, sexual
19 battery, robbery, burglary, and
20 other specified felonies.
21 782.051(1) 1st Attempted felony murder while
22 perpetrating or attempting to
23 perpetrate a felony enumerated in
24 s. 782.04(3).
25 782.07(2) 1st Aggravated manslaughter of an
26 elderly person or disabled adult.
27 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or
28 reward or as a shield or hostage.
29 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit
30 or facilitate commission of any
31 felony.
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1 787.01(1)(a)4. 1st,PBL Kidnapping with intent to
2 interfere with performance of any
3 governmental or political
4 function.
5 787.02(3)(a) 1st False imprisonment; child under
6 age 13; perpetrator also commits
7 aggravated child abuse, sexual
8 battery, or lewd or lascivious
9 battery, molestation, conduct, or
10 exhibition.
11 790.161 1st Attempted capital destructive
12 device offense.
13 794.011(2) 1st Attempted sexual battery; victim
14 less than 12 years of age.
15 794.011(2) Life Sexual battery; offender younger
16 than 18 years and commits sexual
17 battery on a person less than 12
18 years.
19 794.011(4) 1st Sexual battery; victim 12 years
20 or older, certain circumstances.
21 794.011(8)(b) 1st Sexual battery; engage in sexual
22 conduct with minor 12 to 18 years
23 by person in familial or
24 custodial authority.
25 800.04(5)(b) 1st Lewd or lascivious molestation;
26 victim less than 12 years;
27 offender 18 years or older.
28 812.13(2)(a) 1st,PBL Robbery with firearm or other
29 deadly weapon.
30 812.133(2)(a) 1st,PBL Carjacking; firearm or other
31 deadly weapon.
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1 827.03(2) 1st Aggravated child abuse.
2 847.0145(1) 1st Selling, or otherwise
3 transferring custody or control,
4 of a minor.
5 847.0145(2) 1st Purchasing, or otherwise
6 obtaining custody or control, of
7 a minor.
8 859.01 1st Poisoning food, drink, medicine,
9 or water with intent to kill or
10 injure another person.
11 893.135 1st Attempted capital trafficking
12 offense.
13 893.135(1)(a)3. 1st Trafficking in cannabis, more
14 than 10,000 lbs.
15 893.135
16 (1)(b)1.c. 1st Trafficking in cocaine, more than
17 400 grams, less than 150
18 kilograms.
19 893.135
20 (1)(c)1.c. 1st Trafficking in illegal drugs,
21 more than 28 grams, less than 30
22 kilograms.
23 893.135
24 (1)(d)1.c. 1st Trafficking in phencyclidine,
25 more than 400 grams.
26 893.135
27 (1)(e)1.c. 1st Trafficking in methaqualone, more
28 than 25 kilograms.
29 893.135
30 (1)(f)1.c. 1st Trafficking in amphetamine, more
31 than 200 grams.
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1 (j) LEVEL 10
2 782.04(2) 1st,PBL Unlawful killing of human; act is
3 homicide, unpremeditated.
4 787.01(1)(a)3. 1st,PBL Kidnapping; inflict bodily harm
5 upon or terrorize victim.
6 787.01(3)(a) Life Kidnapping; child under age 13,
7 perpetrator also commits
8 aggravated child abuse, sexual
9 battery, or lewd or lascivious
10 battery, molestation, conduct, or
11 exhibition.
12 782.07(3) 1st Aggravated manslaughter of a
13 child.
14 794.011(3) Life Sexual battery; victim 12 years
15 or older, offender uses or
16 threatens to use deadly weapon or
17 physical force to cause serious
18 injury.
19 876.32 1st Treason against the state.
20 Section 6. For the purpose of incorporating the
21 amendments made by this act to section 782.04, Florida
22 Statutes, in references thereto, subsection (3) of section
23 947.146, Florida Statutes, is reenacted to read:
24 947.146 Control Release Authority.--
25 (3) Within 120 days prior to the date the state
26 correctional system is projected pursuant to s. 216.136 to
27 exceed 99 percent of total capacity, the authority shall
28 determine eligibility for and establish a control release date
29 for an appropriate number of parole ineligible inmates
30 committed to the department and incarcerated within the state
31 who have been determined by the authority to be eligible for
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1 discretionary early release pursuant to this section. In
2 establishing control release dates, it is the intent of the
3 Legislature that the authority prioritize consideration of
4 eligible inmates closest to their tentative release date. The
5 authority shall rely upon commitment data on the offender
6 information system maintained by the department to initially
7 identify inmates who are to be reviewed for control release
8 consideration. The authority may use a method of objective
9 risk assessment in determining if an eligible inmate should be
10 released. Such assessment shall be a part of the department's
11 management information system. However, the authority shall
12 have sole responsibility for determining control release
13 eligibility, establishing a control release date, and
14 effectuating the release of a sufficient number of inmates to
15 maintain the inmate population between 99 percent and 100
16 percent of total capacity. Inmates who are ineligible for
17 control release are inmates who are parole eligible or inmates
18 who:
19 (a) Are serving a sentence that includes a mandatory
20 minimum provision for a capital offense or drug trafficking
21 offense and have not served the number of days equal to the
22 mandatory minimum term less any jail-time credit awarded by
23 the court;
24 (b) Are serving the mandatory minimum portion of a
25 sentence enhanced under s. 775.087(2) or (3), or s. 784.07(3);
26 (c) Are convicted, or have been previously convicted,
27 of committing or attempting to commit sexual battery, incest,
28 or any of the following lewd or indecent assaults or acts:
29 masturbating in public; exposing the sexual organs in a
30 perverted manner; or nonconsensual handling or fondling of the
31 sexual organs of another person;
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1 (d) Are convicted, or have been previously convicted,
2 of committing or attempting to commit assault, aggravated
3 assault, battery, or aggravated battery, and a sex act was
4 attempted or completed during commission of such offense;
5 (e) Are convicted, or have been previously convicted,
6 of committing or attempting to commit kidnapping, burglary, or
7 murder, and the offense was committed with the intent to
8 commit sexual battery or a sex act was attempted or completed
9 during commission of the offense;
10 (f) Are convicted, or have been previously convicted,
11 of committing or attempting to commit false imprisonment upon
12 a child under the age of 13 and, in the course of committing
13 the offense, the inmate committed aggravated child abuse,
14 sexual battery against the child, or a lewd or lascivious
15 offense committed upon or in the presence of a person less
16 than 16 years of age;
17 (g) Are sentenced, have previously been sentenced, or
18 have been sentenced at any time under s. 775.084, or have been
19 sentenced at any time in another jurisdiction as a habitual
20 offender;
21 (h) Are convicted, or have been previously convicted,
22 of committing or attempting to commit assault, aggravated
23 assault, battery, aggravated battery, kidnapping,
24 manslaughter, or murder against an officer as defined in s.
25 943.10(1), (2), (3), (6), (7), (8), or (9); against a state
26 attorney or assistant state attorney; or against a justice or
27 judge of a court described in Art. V of the State
28 Constitution; or against an officer, judge, or state attorney
29 employed in a comparable position by any other jurisdiction;
30 or
31
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1 (i) Are convicted, or have been previously convicted,
2 of committing or attempting to commit murder in the first,
3 second, or third degree under s. 782.04(1), (2), (3), or (4),
4 or have ever been convicted of any degree of murder or
5 attempted murder in another jurisdiction;
6 (j) Are convicted, or have been previously convicted,
7 of DUI manslaughter under s. 316.193(3)(c)3., and are
8 sentenced, or have been sentenced at any time, as a habitual
9 offender for such offense, or have been sentenced at any time
10 in another jurisdiction as a habitual offender for such
11 offense;
12 (k)1. Are serving a sentence for an offense committed
13 on or after January 1, 1994, for a violation of the Law
14 Enforcement Protection Act under s. 775.0823(2), (3), (4), or
15 (5), and the subtotal of the offender's sentence points is
16 multiplied pursuant to former s. 921.0014 or s. 921.0024;
17 2. Are serving a sentence for an offense committed on
18 or after October 1, 1995, for a violation of the Law
19 Enforcement Protection Act under s. 775.0823(2), (3), (4),
20 (5), (6), (7), or (8), and the subtotal of the offender's
21 sentence points is multiplied pursuant to former s. 921.0014
22 or s. 921.0024;
23 (l) Are serving a sentence for an offense committed on
24 or after January 1, 1994, for possession of a firearm,
25 semiautomatic firearm, or machine gun in which additional
26 points are added to the subtotal of the offender's sentence
27 points pursuant to former s. 921.0014 or s. 921.0024; or
28 (m) Are convicted, or have been previously convicted,
29 of committing or attempting to commit manslaughter,
30 kidnapping, robbery, carjacking, home-invasion robbery, or a
31 burglary under s. 810.02(2).
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1
2 In making control release eligibility determinations under
3 this subsection, the authority may rely on any document
4 leading to or generated during the course of the criminal
5 proceedings, including, but not limited to, any presentence or
6 postsentence investigation or any information contained in
7 arrest reports relating to circumstances of the offense.
8 Section 7. This act shall take effect October 1, 2000.
9
10 *****************************************
11 LEGISLATIVE SUMMARY
12 Makes it a capital felony to commit the unlawful killing
of a human being while perpetrating or attempting to
13 perpetrate the act of resisting a law enforcement officer
with violence. Provides penalties for specified murders
14 involving the perpetration of or the attempt to
perpetrate the act of resisting a law enforcement officer
15 with violence.
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
19