Senate Bill 0394

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    Florida Senate - 2000                                   SB 394

    By Senator Klein





    28-224A-00

  1                      A bill to be entitled

  2         An act relating to sentencing; amending s.

  3         874.04, F.S.; providing for enhanced penalties

  4         for the commission of a felony or misdemeanor,

  5         or a delinquent act or violation of law which

  6         would be a felony or misdemeanor if committed

  7         by an adult, under specified circumstances when

  8         the defendant committed the charged offense for

  9         the purpose of benefiting, promoting, or

10         furthering the interest of a criminal street

11         gang and with the specific intent of promoting,

12         furthering the interests of, or assisting in

13         criminal conduct by a criminal street gang

14         member; amending s. 921.0024, F.S., relating to

15         the Criminal Punishment Code worksheet

16         computations and scoresheets; revising

17         guidelines for applying a specified sentence

18         multiplier for offenses committed for the

19         purpose of benefiting, promoting, or furthering

20         the interests of a criminal street gang;

21         providing an effective date.

22

23  Be It Enacted by the Legislature of the State of Florida:

24

25         Section 1.  Section 874.04, Florida Statutes, is

26  amended to read:

27         874.04  Criminal street gang activity; enhanced

28  penalties.--Upon a finding by the court at sentencing that the

29  defendant committed the charged offense for the purpose of

30  benefiting, promoting, or furthering the interests is a member

31  of a criminal street gang, and with the specific intent of

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    Florida Senate - 2000                                   SB 394
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  1  promoting, furthering the interests of, or assisting in

  2  criminal conduct by a criminal street gang member, the penalty

  3  for any felony or misdemeanor, or any delinquent act or

  4  violation of law which would be a felony or misdemeanor if

  5  committed by an adult, may be enhanced if the offender was a

  6  member of a criminal street gang at the time of the commission

  7  of such offense. Each of the findings required as a basis for

  8  such sentence must shall be found by a preponderance of the

  9  evidence. The enhancement will be as follows:

10         (1)(a)  A misdemeanor of the second degree may be

11  punished as if it were a misdemeanor of the first degree.

12         (b)  A misdemeanor of the first degree may be punished

13  as if it were a felony of the third degree.  For purposes of

14  sentencing under chapter 921 and determining incentive

15  gain-time eligibility under chapter 944, such offense is

16  ranked in level 1 of the offense severity ranking chart. The

17  criminal street gang multiplier in s. 921.0024 does not apply

18  to misdemeanors enhanced under this paragraph.

19         (2)(a)  A felony of the third degree may be punished as

20  if it were a felony of the second degree.

21         (b)  A felony of the second degree may be punished as

22  if it were a felony of the first degree.

23         (c)  A felony of the first degree may be punished as if

24  it were a life felony.

25

26  For purposes of sentencing under chapter 921 and determining

27  incentive gain-time eligibility under chapter 944, such felony

28  offense is ranked as provided in s. 921.0022 or s. 921.0023,

29  and without regard to the penalty enhancement in this

30  subsection.  For purposes of this section, penalty enhancement

31  affects the applicable statutory maximum penalty only.

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    Florida Senate - 2000                                   SB 394
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  1         Section 2.  Subsection (1) of section 921.0024, Florida

  2  Statutes, is amended to read:

  3         921.0024  Criminal Punishment Code; worksheet

  4  computations; scoresheets.--

  5         (1)(a)  The Criminal Punishment Code worksheet is used

  6  to compute the subtotal and total sentence points as follows:

  7

  8                 FLORIDA CRIMINAL PUNISHMENT CODE

  9                            WORKSHEET

10

11                          OFFENSE SCORE

12

13                         Primary Offense

14  Level         Sentence Points                            Total

15  ..............................................................

16    10               116                             =      ....

17     9                92                             =      ....

18     8                74                             =      ....

19     7                56                             =      ....

20     6                36                             =      ....

21     5                28                             =      ....

22     4                22                             =      ....

23     3                16                             =      ....

24     2                10                             =      ....

25     1                 4                             =      ....

26

27  ..............................................................

28                                                     Total      

29

30

31

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    Florida Senate - 2000                                   SB 394
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  1                       Additional Offenses

  2  Level         Sentence Points            Counts          Total

  3  ..............................................................

  4    10                58             x      ....     =      ....

  5     9                46             x      ....     =      ....

  6     8                37             x      ....     =      ....

  7     7                28             x      ....     =      ....

  8     6                18             x      ....     =      ....

  9     5               5.4             x      ....     =      ....

10     4               3.6             x      ....     =      ....

11     3               2.4             x      ....     =      ....

12     2               1.2             x      ....     =      ....

13     1               0.7             x      ....     =      ....

14     M               0.2             x      ....     =      ....

15

16  ..............................................................

17                                                     Total      

18

19                          Victim Injury

20  Level         Sentence Points            Number          Total

21  ..............................................................

22    2nd degree

23      murder-

24      death          240             x      ....     =      ....

25    Death            120             x      ....     =      ....

26    Severe            40             x      ....     =      ....

27    Moderate          18             x      ....     =      ....

28    Slight             4             x      ....     =      ....

29    Sexual

30      penetration     80             x      ....     =      ....

31

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    Florida Senate - 2000                                   SB 394
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  1    Sexual

  2      contact         40             x      ....     =      ....

  3

  4  ..............................................................

  5                                                     Total      

  6

  7  Primary Offense + Additional Offenses + Victim Injury =

  8                       TOTAL OFFENSE SCORE

  9

10                        PRIOR RECORD SCORE

11

12                           Prior Record

13  Level         Sentence Points            Number          Total

14  ..............................................................

15    10                29             x      ....     =      ....

16     9                23             x      ....     =      ....

17     8                19             x      ....     =      ....

18     7                14             x      ....     =      ....

19     6                 9             x      ....     =      ....

20     5               3.6             x      ....     =      ....

21     4               2.4             x      ....     =      ....

22     3               1.6             x      ....     =      ....

23     2               0.8             x      ....     =      ....

24     1               0.5             x      ....     =      ....

25     M               0.2             x      ....     =      ....

26

27  ..............................................................

28                                                     Total      

29

30     TOTAL OFFENSE SCORE........................................

31     TOTAL PRIOR RECORD SCORE...................................

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    Florida Senate - 2000                                   SB 394
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  1

  2     LEGAL STATUS...............................................

  3     COMMUNITY SANCTION VIOLATION...............................

  4     PRIOR SERIOUS FELONY.......................................

  5     PRIOR CAPITAL FELONY.......................................

  6     FIREARM OR SEMIAUTOMATIC WEAPON............................

  7                                                SUBTOTAL........

  8

  9     PRISON RELEASEE REOFFENDER (no)(yes).......................

10     VIOLENT CAREER CRIMINAL (no)(yes)..........................

11     HABITUAL VIOLENT OFFENDER (no)(yes)........................

12     HABITUAL OFFENDER (no)(yes)................................

13     DRUG TRAFFICKER (no)(yes) (x multiplier)...................

14     LAW ENF. PROTECT. (no)(yes) (x multiplier).................

15     MOTOR VEHICLE THEFT (no)(yes) (x multiplier)...............

16     CRIMINAL STREET GANG OFFENSE MEMBER (no)(yes) (x

17  multiplier)...................................................

18     DOMESTIC VIOLENCE IN THE PRESENCE OF RELATED CHILD

19  (no)(yes) (x multiplier)......................................

20  ..............................................................

21                                   TOTAL SENTENCE POINTS........

22

23                       (b)  WORKSHEET KEY:

24

25  Legal status points are assessed when any form of legal status

26  existed at the time the offender committed an offense before

27  the court for sentencing. Four (4) sentence points are

28  assessed for an offender's legal status.

29

30  Community sanction violation points are assessed when a

31  community sanction violation is before the court for

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    Florida Senate - 2000                                   SB 394
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  1  sentencing.  Six (6) sentence points are assessed for each

  2  community sanction violation, and each successive community

  3  sanction violation; however, if the community sanction

  4  violation includes a new felony conviction before the

  5  sentencing court, twelve (12) community sanction violation

  6  points are assessed for such violation, and for each

  7  successive community sanction violation involving a new felony

  8  conviction. Multiple counts of community sanction violations

  9  before the sentencing court shall not be a basis for

10  multiplying the assessment of community sanction violation

11  points.

12

13  Prior serious felony points: If the offender has a primary

14  offense or any additional offense ranked in level 8, level 9,

15  or level 10, and one or more prior serious felonies, a single

16  assessment of 30 points shall be added. For purposes of this

17  section, a prior serious felony is an offense in the

18  offender's prior record that is ranked in level 8, level 9, or

19  level 10 under s. 921.0022 or s. 921.0023 and for which the

20  offender is serving a sentence of confinement, supervision, or

21  other sanction or for which the offender's date of release

22  from confinement, supervision, or other sanction, whichever is

23  later, is within 3 years before the date the primary offense

24  or any additional offense was committed.

25

26  Prior capital felony points:  If the offender has one or more

27  prior capital felonies in the offender's criminal record,

28  points shall be added to the subtotal sentence points of the

29  offender equal to twice the number of points the offender

30  receives for the primary offense and any additional offense.

31  A prior capital felony in the offender's criminal record is a

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    Florida Senate - 2000                                   SB 394
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  1  previous capital felony offense for which the offender has

  2  entered a plea of nolo contendere or guilty or has been found

  3  guilty; or a felony in another jurisdiction which is a capital

  4  felony in that jurisdiction, or would be a capital felony if

  5  the offense were committed in this state.

  6

  7  Possession of a firearm, semiautomatic firearm, or machine

  8  gun:  If the offender is convicted of committing or attempting

  9  to commit any felony other than those enumerated in s.

10  775.087(2) while having in his or her possession: a firearm as

11  defined in s. 790.001(6), an additional 18 sentence points are

12  assessed; or if the offender is convicted of committing or

13  attempting to commit any felony other than those enumerated in

14  s. 775.087(3) while having in his or her possession a

15  semiautomatic firearm as defined in s. 775.087(3) or a machine

16  gun as defined in s. 790.001(9), an additional 25 sentence

17  points are assessed.

18

19  Sentencing multipliers:

20

21  Drug trafficking:  If the primary offense is drug trafficking

22  under s. 893.135, the subtotal sentence points are multiplied,

23  at the discretion of the court, for a level 7 or level 8

24  offense, by 1.5.  The state attorney may move the sentencing

25  court to reduce or suspend the sentence of a person convicted

26  of a level 7 or level 8 offense, if the offender provides

27  substantial assistance as described in s. 893.135(4).

28

29  Law enforcement protection:  If the primary offense is a

30  violation of the Law Enforcement Protection Act under s.

31  775.0823(2), the subtotal sentence points are multiplied by

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  1  2.5.  If the primary offense is a violation of s. 775.0823(3),

  2  (4), (5), (6), (7), or (8), the subtotal sentence points are

  3  multiplied by 2.0. If the primary offense is a violation of s.

  4  784.07(3) or s. 775.0875(1), or of the Law Enforcement

  5  Protection Act under s. 775.0823(9) or (10), the subtotal

  6  sentence points are multiplied by 1.5.

  7

  8  Grand theft of a motor vehicle:  If the primary offense is

  9  grand theft of the third degree involving a motor vehicle and

10  in the offender's prior record, there are three or more grand

11  thefts of the third degree involving a motor vehicle, the

12  subtotal sentence points are multiplied by 1.5.

13

14  Offense related to a criminal street gang member:  If the

15  offender is convicted of the primary offense and committed

16  that offense for the purpose of benefiting, promoting, or

17  furthering the interests of a criminal street gang and with

18  the specific intent of promoting, furthering the interests of,

19  or assisting in criminal conduct by a criminal street gang

20  member, as prohibited under is found to have been a member of

21  a criminal street gang at the time of the commission of the

22  primary offense pursuant to s. 874.04, the subtotal sentence

23  points are multiplied by 1.5.

24

25  Domestic violence in the presence of a child:  If the offender

26  is convicted of the primary offense and the primary offense is

27  a crime of domestic violence, as defined in s. 741.28, which

28  was committed in the presence of a child under 16 years of age

29  who is a family household member as defined in s. 741.28(2)

30  with the victim or perpetrator, the subtotal sentence points

31  are multiplied by 1.5.

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    Florida Senate - 2000                                   SB 394
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  1         Section 3.  This act shall take effect July 1, 2000.

  2

  3            *****************************************

  4                          SENATE SUMMARY

  5    Provides for enhanced penalties for the commission of a
      felony or misdemeanor, or a delinquent act or violation
  6    of law which would be a felony or misdemeanor if
      committed by an adult, under specified circumstances when
  7    the defendant committed the charged offense for the
      purpose of benefiting, promoting, or furthering the
  8    interests of a criminal street gang and with the specific
      intent of promoting, furthering the interests of, or
  9    assisting in criminal conduct by a criminal street gang
      member. Revises guidelines for applying a specified
10    sentence multiplier for offenses committed for the
      purpose of benefiting, promoting, or furthering the
11    interests of a criminal street gang. (See bill for
      details.)
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