Senate Bill sb0998
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 998
By Senator Smith
5-1038-02
1 A bill to be entitled
2 An act relating to criminal justice; amending
3 ss. 790.163, 790.164, F.S.; prohibiting making
4 a false report concerning the placing or
5 planting of a weapon of mass destruction;
6 providing a penalty; prohibiting the court from
7 suspending or withholding adjudication of guilt
8 or imposition of sentence for such offense;
9 providing that proof of a person knowingly
10 making a false report is prima facie evidence
11 of intent to deceive or provide misinformation;
12 amending s. 790.165, F.S.; revising the
13 elements of the offense of planting a hoax bomb
14 to prohibit sending, mailing, or using a hoax
15 bomb or threatening, attempting, or conspiring
16 to use a hoax bomb; enhancing the penalty
17 imposed for committing such offense; amending
18 s. 790.166, F.S.; redefining the term "weapon
19 of mass destruction" to include a device or
20 object that is intended to kill or injure an
21 animal, that involves a biological agent, or
22 that is designed to release radiation or any
23 biological agent, toxin, vector, or delivery
24 system; prohibiting the court from suspending
25 or withholding adjudication of guilt or
26 imposition of sentence for the offense of
27 manufacturing, possessing, selling, sending, or
28 using a weapon of mass destruction; providing
29 that proof a device caused injury or death or
30 released radiation is prima facie evidence that
31 the device was designed or intended to cause
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 998
5-1038-02
1 such death, injury, or release; providing that
2 it is a felony of the second degree to possess,
3 display, or threaten to use a hoax weapon of
4 mass destruction while committing or attempting
5 to commit a felony; amending s. 921.0022, F.S.,
6 relating to the offense severity ranking chart
7 of the Criminal Punishment Code; conforming
8 cross-references and provisions to changes made
9 by the act; providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Section 790.163, Florida Statutes, is
14 amended to read:
15 790.163 False report about planting bomb, or
16 explosive, or weapon of mass destruction; penalty.--
17 (1) It is unlawful for any person to make a false
18 report, with intent to deceive, mislead, or otherwise
19 misinform any person, concerning the placing or planting of
20 any bomb, dynamite, or other deadly explosive, or weapon of
21 mass destruction as defined in s. 790.166; and any person
22 convicted thereof commits is guilty of a felony of the second
23 degree, punishable as provided in s. 775.082, s. 775.083, or
24 s. 775.084.
25 (2) Notwithstanding any other law, adjudication of
26 guilt or imposition of sentence for a violation of this
27 section may not be suspended, deferred, or withheld. However,
28 the state attorney may move the sentencing court to reduce or
29 suspend the sentence of any person who is convicted of a
30 violation of this section and who provides substantial
31 assistance in the identification, arrest, or conviction of any
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 998
5-1038-02
1 of his or her accomplices, accessories, coconspirators, or
2 principals.
3 (3) Proof that a person accused of violating this
4 section knowingly made a false report is prima facie evidence
5 of the accused person's intent to deceive, mislead, or
6 otherwise misinform any person.
7 Section 2. Section 790.164, Florida Statutes, is
8 amended to read:
9 790.164 False reports concerning planting a bomb,
10 explosive, or weapon of mass destruction in, of bombing or
11 committing arson against, state-owned property; penalty;
12 reward.--
13 (1) It is unlawful for any person to make a false
14 report, with intent to deceive, mislead, or otherwise
15 misinform any person, concerning the placing or planting of
16 any bomb, dynamite, or other deadly explosive, or weapon of
17 mass destruction as defined in s. 790.166, or concerning any
18 act of arson or other violence to property owned by the state
19 or any political subdivision. Any person violating the
20 provisions of this subsection commits is guilty of a felony of
21 the second degree, punishable as provided in s. 775.082, s.
22 775.083, or s. 775.084.
23 (2) Notwithstanding any other law, adjudication of
24 guilt or imposition of sentence for a violation of this
25 section may not be suspended, deferred, or withheld. However,
26 the state attorney may move the sentencing court to reduce or
27 suspend the sentence of any person who is convicted of a
28 violation of this section and who provides substantial
29 assistance in the identification, arrest, or conviction of any
30 of his or her accomplices, accessories, coconspirators, or
31 principals.
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 998
5-1038-02
1 (3) Proof that a person accused of violating this
2 section knowingly made a false report is prima facie evidence
3 of the accused person's intent to deceive, mislead, or
4 otherwise misinform any person.
5 (4)(2)(a) There shall be a $5,000 reward for the
6 giving of information to any law enforcement agency in the
7 state, which information leads to the arrest and conviction of
8 any person violating the provisions of this section. Any
9 person claiming such reward shall apply to the law enforcement
10 agency developing the case and be paid by the Department of
11 Law Enforcement from the deficiency fund.
12 (b) There shall be only one reward given for each
13 case, regardless of how many persons are arrested and
14 convicted in connection with the case and regardless of how
15 many persons submit claims for the reward.
16 (c) The Department of Law Enforcement shall establish
17 procedures to be used by all reward applicants, and the
18 circuit judge in whose jurisdiction the action occurs shall
19 review all such applications and make final determination as
20 to those applicants entitled to receive an award.
21 Section 3. Section 790.165, Florida Statutes, is
22 amended to read:
23 790.165 Planting of "hoax bomb" prohibited;
24 penalties.--
25 (1) For the purposes of this section, "hoax bomb"
26 means any device or object that by its design, construction,
27 content, or characteristics appears to be, or to contain, or
28 is represented to be or to contain, a destructive device or
29 explosive as defined in this chapter, but is, in fact, an
30 inoperative facsimile or imitation of such a destructive
31
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 998
5-1038-02
1 device or explosive, or contains no destructive device or
2 explosive as was represented.
3 (2) Any person who, without lawful authority,
4 manufactures, possesses, sells, or delivers, sends, mails,
5 displays, uses, threatens to use, attempts to use, or
6 conspires to use, or who makes readily accessible to others, a
7 hoax bomb or mails or sends a hoax bomb to another person
8 commits a felony of the second third degree, punishable as
9 provided in s. 775.082, s. 775.083, or s. 775.084.
10 (3) Any person who, while committing or attempting to
11 commit any felony, possesses, displays, or threatens to use
12 any hoax bomb commits a felony of the second degree,
13 punishable as provided in s. 775.082, s. 775.083, or s.
14 775.084. Notwithstanding any other law the provisions of s.
15 948.01, adjudication of guilt or imposition of sentence may
16 shall not be suspended, deferred, or withheld. However, the
17 state attorney or defense attorney may move the sentencing
18 court to reduce or suspend the sentence of any person who is
19 convicted of a violation of this section and who provides
20 substantial assistance in the identification, arrest, or
21 conviction of any of his or her accomplices, accessories,
22 coconspirators, or principals.
23 (4) The provisions of Subsection (2) does shall not
24 apply to any law enforcement officer, firefighter, person, or
25 corporation licensed pursuant to chapter 493, or member of the
26 armed forces of the United States while engaged in training or
27 other lawful activity within the scope of his or her
28 employment, or to any person properly authorized to test a
29 security system, or to any security personnel, while operating
30 within the scope of their employment, including, but not
31 limited to, security personnel in airports and other
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 998
5-1038-02
1 controlled access areas, or to any member of a theatrical
2 company or production using utilizing a hoax bomb as property
3 during the course of a rehearsal or performance.
4 Section 4. Section 790.166, Florida Statutes, is
5 amended to read:
6 790.166 Manufacture, possession, sale, delivery,
7 display, use, or attempted or threatened use of a weapon of
8 mass destruction or hoax weapon of mass destruction
9 prohibited; definitions; penalties.--
10 (1) As used in this section, the term:
11 (a) "Weapon of mass destruction" means:
12 1. Any device or object that is designed or intended
13 to cause death or serious bodily injury to any human or animal
14 through the release, dissemination, or impact of toxic or
15 poisonous chemicals, or their precursors;
16 2. Any device or object involving a biological agent
17 disease organism; or
18 3. Any device or object that is designed to release
19 radiation or radioactivity at a level dangerous to human or
20 animal life; or.
21 4. Any biological agent, toxin, vector, or delivery
22 system.
23 (b) "Hoax weapon of mass destruction" means any device
24 or object that by its design, construction, content, or
25 characteristics appears to be or to contain, or is represented
26 to be, constitute, or contain, a weapon of mass destruction as
27 defined in this section, but which is, in fact, an inoperative
28 facsimile, imitation, counterfeit, or representation of a
29 weapon of mass destruction which does not meet the definition
30 of a weapon of mass destruction or which does not actually
31
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 998
5-1038-02
1 contain or constitute a weapon, biological agent, toxin,
2 vector, or delivery system prohibited by this section.
3 (c) "Biological agent" means any microorganism, virus,
4 infectious substance, or biological product that may be
5 engineered through biotechnology, or any naturally occurring
6 or bioengineered component of any such microorganism, virus,
7 infectious substance, or biological product, capable of
8 causing:
9 1. Death, disease, or other biological malfunction in
10 a human, an animal, a plant, or other living organism;
11 2. Deterioration of food, water, equipment, supplies,
12 or material of any kind; or
13 3. Deleterious alteration of the environment.
14 (d) "Toxin" means the toxic material of plants,
15 animals, microorganisms, viruses, fungi, or infectious
16 substances, or a recombinant molecule, whatever its origin or
17 method of reproduction, including:
18 1. Any poisonous substance or biological product that
19 may be engineered through biotechnology produced by a living
20 organism; or
21 2. Any poisonous isomer or biological product,
22 homolog, or derivative of such substance.
23 (e) "Delivery system" means:
24 1. Any apparatus, equipment, device, or means of
25 delivery specifically designed to deliver or disseminate a
26 biological agent, toxin, or vector; or
27 2. Any vector.
28 (f) "Vector" means a living organism or molecule,
29 including a recombinant molecule or biological product that
30 may be engineered through biotechnology, capable of carrying a
31 biological agent or toxin to a host.
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 998
5-1038-02
1 (2) A person who, without lawful authority,
2 manufactures, possesses, sells, delivers, sends, mails,
3 displays, uses, threatens to use, attempts to use, or
4 conspires to use, or who makes readily accessible to others a
5 weapon of mass destruction, including any biological agent,
6 toxin, vector, or delivery system as those terms are defined
7 in this section, commits a felony of the first degree,
8 punishable by imprisonment for a term of years not exceeding
9 life or as provided in s. 775.082, s. 775.083, or s. 775.084,
10 and if death results, commits a capital felony, punishable as
11 provided in s. 775.082.
12 (3) Any person who, without lawful authority,
13 manufactures, possesses, sells, delivers, mails, sends,
14 displays, uses, threatens to use, attempts to use, or
15 conspires to use, or who makes readily accessible to others,
16 or mails or sends a hoax weapon of mass destruction with the
17 intent to deceive or otherwise mislead another person into
18 believing that the hoax weapon of mass destruction will cause
19 terror, bodily harm, or property damage commits a felony of
20 the second degree, punishable as provided in s. 775.082, s.
21 775.083, or s. 775.084.
22 (4) Any person who, while committing or attempting to
23 commit any felony, possesses, displays, or threatens to use
24 any hoax weapon of mass destruction commits a felony of the
25 second degree, punishable as provided in s. 775.082, s.
26 775.083, or s. 775.084.
27 (5) Notwithstanding any other law, adjudication of
28 guilt or imposition of sentence may not be suspended,
29 deferred, or withheld for a violation of this section.
30 However, the state attorney may move the sentencing court to
31 reduce or suspend the sentence of any person who is convicted
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 998
5-1038-02
1 of a violation of this section and who provides substantial
2 assistance in the identification, arrest, or conviction of any
3 of his or her accomplices, accessories, coconspirators, or
4 principals.
5 (6) Proof that a device or object described in
6 subparagraph (1)(a)1. caused death or serious bodily injury to
7 a human or animal through the release, dissemination, or
8 impact of toxic or poisonous chemicals, or their precursors,
9 is prima facie evidence that the device or object was designed
10 or intended to cause such death or serious bodily injury.
11 Proof that a device or object described in subparagraph
12 (1)(a)3. released radiation or radioactivity at a level
13 dangerous to human or animal life is prima facie evidence that
14 the device or object was designed for such release.
15 (7)(4) This section does not apply to any member or
16 employee of the Armed Forces of the United States, a federal
17 or state governmental agency, or a private entity who is
18 otherwise engaged in lawful activity within the scope of his
19 or her employment, if such person is otherwise duly authorized
20 or licensed to manufacture, possess, sell, deliver, display,
21 or otherwise engage in activity relative to this section and
22 if such person is in compliance with applicable federal and
23 state law.
24 Section 5. Paragraphs (b), (e), (f), (g), (h), and (i)
25 of subsection (3) of section 921.0022, Florida Statutes, as
26 amended by section 2 of chapter 2001-358, Laws of Florida, are
27 amended to read:
28 921.0022 Criminal Punishment Code; offense severity
29 ranking chart.--
30 (3) OFFENSE SEVERITY RANKING CHART
31
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 998
5-1038-02
1 Florida Felony
2 Statute Degree Description
3
4
5 (b) LEVEL 2
6 403.413(5)(c) 3rd Dumps waste litter exceeding 500
7 lbs. in weight or 100 cubic feet
8 in volume or any quantity for
9 commercial purposes, or hazardous
10 waste.
11 517.07 3rd Registration of securities and
12 furnishing of prospectus
13 required.
14 590.28(1) 3rd Intentional or reckless burning
15 of lands Willful, malicious, or
16 intentional burning.
17 784.05(3) 3rd Storing or leaving a loaded
18 firearm within reach of minor who
19 uses it to inflict injury or
20 death.
21 787.04(1) 3rd In violation of court order,
22 take, entice, etc., minor beyond
23 state limits.
24 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000
25 or more to public communication
26 or any other public service.
27 810.09(2)(e) 3rd Trespassing on posted commercial
28 horticulture property.
29 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or
30 more but less than $5,000.
31
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 998
5-1038-02
1 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or
2 more but less than $300, taken
3 from unenclosed curtilage of
4 dwelling.
5 812.015(7) 3rd Possession, use, or attempted use
6 of an antishoplifting or
7 inventory control device
8 countermeasure.
9 817.234(1)(a)2. 3rd False statement in support of
10 insurance claim.
11 817.481(3)(a) 3rd Obtain credit or purchase with
12 false, expired, counterfeit,
13 etc., credit card, value over
14 $300.
15 817.52(3) 3rd Failure to redeliver hired
16 vehicle.
17 817.54 3rd With intent to defraud, obtain
18 mortgage note, etc., by false
19 representation.
20 817.60(5) 3rd Dealing in credit cards of
21 another.
22 817.60(6)(a) 3rd Forgery; purchase goods, services
23 with false card.
24 817.61 3rd Fraudulent use of credit cards
25 over $100 or more within 6
26 months.
27 826.04 3rd Knowingly marries or has sexual
28 intercourse with person to whom
29 related.
30 831.01 3rd Forgery.
31
11
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 998
5-1038-02
1 831.02 3rd Uttering forged instrument;
2 utters or publishes alteration
3 with intent to defraud.
4 831.07 3rd Forging bank bills, checks,
5 drafts, or promissory notes.
6 831.08 3rd Possessing 10 or more forged
7 notes, bills, checks, or drafts.
8 831.09 3rd Uttering forged notes, bills,
9 checks, drafts, or promissory
10 notes.
11 831.11 3rd Bringing into the state forged
12 bank bills, checks, drafts, or
13 notes.
14 832.05(3)(a) 3rd Cashing or depositing item with
15 intent to defraud.
16 843.08 3rd Falsely impersonating an officer.
17 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c),
18 (2)(c)1., (2)(c)2., (2)(c)3.,
19 (2)(c)5., (2)(c)6., (2)(c)7.,
20 (2)(c)8., (2)(c)9., (3), or (4)
21 drugs other than cannabis.
22 893.147(2) 3rd Manufacture or delivery of drug
23 paraphernalia.
24 (e) LEVEL 5
25 316.027(1)(a) 3rd Accidents involving personal
26 injuries, failure to stop;
27 leaving scene.
28 316.1935(4) 2nd Aggravated fleeing or eluding.
29
30
31
12
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 998
5-1038-02
1 322.34(6) 3rd Careless operation of motor
2 vehicle with suspended license,
3 resulting in death or serious
4 bodily injury.
5 327.30(5) 3rd Vessel accidents involving
6 personal injury; leaving scene.
7 381.0041(11)(b) 3rd Donate blood, plasma, or organs
8 knowing HIV positive.
9 790.01(2) 3rd Carrying a concealed firearm.
10 790.162 2nd Threat to throw or discharge
11 destructive device.
12 790.163(1) 790.163 2nd False report of deadly explosive
13 or weapon of mass destruction.
14 790.165(2) 3rd Manufacture, sell, possess, or
15 deliver hoax bomb.
16 790.221(1) 2nd Possession of short-barreled
17 shotgun or machine gun.
18 790.23 2nd Felons in possession of firearms
19 or electronic weapons or devices.
20 800.04(6)(c) 3rd Lewd or lascivious conduct;
21 offender less than 18 years.
22 800.04(7)(c) 2nd Lewd or lascivious exhibition;
23 offender 18 years or older.
24 806.111(1) 3rd Possess, manufacture, or dispense
25 fire bomb with intent to damage
26 any structure or property.
27 812.015(8) 3rd Retail theft; property stolen is
28 valued at $300 or more and one or
29 more specified acts.
30 812.019(1) 2nd Stolen property; dealing in or
31 trafficking in.
13
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 998
5-1038-02
1 812.131(2)(b) 3rd Robbery by sudden snatching.
2 812.16(2) 3rd Owning, operating, or conducting
3 a chop shop.
4 817.034(4)(a)2. 2nd Communications fraud, value
5 $20,000 to $50,000.
6 817.234(11)(b) 2nd Insurance fraud; property value
7 $20,000 or more but less than
8 $100,000.
9 817.568(2)(b) 2nd Fraudulent use of personal
10 identification information; value
11 of benefit, services received,
12 payment avoided, or amount of
13 injury or fraud, $75,000 or more.
14 817.625(2)(b) 2nd Second or subsequent fraudulent
15 use of scanning device or
16 reencoder.
17 825.1025(4) 3rd Lewd or lascivious exhibition in
18 the presence of an elderly person
19 or disabled adult.
20 827.071(4) 2nd Possess with intent to promote
21 any photographic material, motion
22 picture, etc., which includes
23 sexual conduct by a child.
24 843.01 3rd Resist officer with violence to
25 person; resist arrest with
26 violence.
27 874.05(2) 2nd Encouraging or recruiting another
28 to join a criminal street gang;
29 second or subsequent offense.
30
31
14
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 998
5-1038-02
1 893.13(1)(a)1. 2nd Sell, manufacture, or deliver
2 cocaine (or other s.
3 893.03(1)(a), (1)(b), (1)(d),
4 (2)(a), (2)(b), or (2)(c)4.
5 drugs).
6 893.13(1)(c)2. 2nd Sell, manufacture, or deliver
7 cannabis (or other s.
8 893.03(1)(c), (2)(c)1., (2)(c)2.,
9 (2)(c)3., (2)(c)5., (2)(c)6.,
10 (2)(c)7., (2)(c)8., (2)(c)9.,
11 (3), or (4) drugs) within 1,000
12 feet of a child care facility or
13 school.
14 893.13(1)(d)1. 1st Sell, manufacture, or deliver
15 cocaine (or other s.
16 893.03(1)(a), (1)(b), (1)(d),
17 (2)(a), (2)(b), or (2)(c)4.
18 drugs) within 200 feet of
19 university or public park.
20 893.13(1)(e)2. 2nd Sell, manufacture, or deliver
21 cannabis or other drug prohibited
22 under s. 893.03(1)(c), (2)(c)1.,
23 (2)(c)2., (2)(c)3., (2)(c)5.,
24 (2)(c)6., (2)(c)7., (2)(c)8.,
25 (2)(c)9., (3), or (4) within
26 1,000 feet of property used for
27 religious services or a specified
28 business site.
29
30
31
15
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 998
5-1038-02
1 893.13(1)(f)1. 1st Sell, manufacture, or deliver
2 cocaine (or other s.
3 893.03(1)(a), (1)(b), (1)(d), or
4 (2)(a), (2)(b), or (2)(c)4.
5 drugs) within 200 feet of public
6 housing facility.
7 893.13(4)(b) 2nd Deliver to minor cannabis (or
8 other s. 893.03(1)(c), (2)(c)1.,
9 (2)(c)2., (2)(c)3., (2)(c)5.,
10 (2)(c)6., (2)(c)7., (2)(c)8.,
11 (2)(c)9., (3), or (4) drugs).
12 (f) LEVEL 6
13 316.027(1)(b) 2nd Accident involving death, failure
14 to stop; leaving scene.
15 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
16 conviction.
17 775.0875(1) 3rd Taking firearm from law
18 enforcement officer.
19 775.21(10) 3rd Sexual predators; failure to
20 register; failure to renew
21 driver's license or
22 identification card.
23 784.021(1)(a) 3rd Aggravated assault; deadly weapon
24 without intent to kill.
25 784.021(1)(b) 3rd Aggravated assault; intent to
26 commit felony.
27 784.041 3rd Felony battery.
28 784.048(3) 3rd Aggravated stalking; credible
29 threat.
30 784.048(5) 3rd Aggravated stalking of person
31 under 16.
16
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 998
5-1038-02
1 784.07(2)(c) 2nd Aggravated assault on law
2 enforcement officer.
3 784.074(1)(b) 2nd Aggravated assault on sexually
4 violent predators facility staff.
5 784.08(2)(b) 2nd Aggravated assault on a person 65
6 years of age or older.
7 784.081(2) 2nd Aggravated assault on specified
8 official or employee.
9 784.082(2) 2nd Aggravated assault by detained
10 person on visitor or other
11 detainee.
12 784.083(2) 2nd Aggravated assault on code
13 inspector.
14 787.02(2) 3rd False imprisonment; restraining
15 with purpose other than those in
16 s. 787.01.
17 790.115(2)(d) 2nd Discharging firearm or weapon on
18 school property.
19 790.161(2) 2nd Make, possess, or throw
20 destructive device with intent to
21 do bodily harm or damage
22 property.
23 790.164(1) 2nd False report of deadly explosive,
24 weapon of mass destruction, or
25 act of arson or violence to state
26 property.
27 790.19 2nd Shooting or throwing deadly
28 missiles into dwellings, vessels,
29 or vehicles.
30
31
17
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 998
5-1038-02
1 794.011(8)(a) 3rd Solicitation of minor to
2 participate in sexual activity by
3 custodial adult.
4 794.05(1) 2nd Unlawful sexual activity with
5 specified minor.
6 800.04(5)(d) 3rd Lewd or lascivious molestation;
7 victim 12 years of age or older
8 but less than 16 years; offender
9 less than 18 years.
10 800.04(6)(b) 2nd Lewd or lascivious conduct;
11 offender 18 years of age or
12 older.
13 806.031(2) 2nd Arson resulting in great bodily
14 harm to firefighter or any other
15 person.
16 810.02(3)(c) 2nd Burglary of occupied structure;
17 unarmed; no assault or battery.
18 812.014(2)(b)1. 2nd Property stolen $20,000 or more,
19 but less than $100,000, grand
20 theft in 2nd degree.
21 812.014(2)(b)2. 2nd Property stolen cargo valued at
22 less than $50,000, grand theft in
23 2nd degree.
24 812.015(9) 2nd Retail theft; property stolen
25 $300 or more; second or
26 subsequent conviction.
27 812.13(2)(c) 2nd Robbery, no firearm or other
28 weapon (strong-arm robbery).
29 817.034(4)(a)1. 1st Communications fraud, value
30 greater than $50,000.
31
18
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 998
5-1038-02
1 817.4821(5) 2nd Possess cloning paraphernalia
2 with intent to create cloned
3 cellular telephones.
4 825.102(1) 3rd Abuse of an elderly person or
5 disabled adult.
6 825.102(3)(c) 3rd Neglect of an elderly person or
7 disabled adult.
8 825.1025(3) 3rd Lewd or lascivious molestation of
9 an elderly person or disabled
10 adult.
11 825.103(2)(c) 3rd Exploiting an elderly person or
12 disabled adult and property is
13 valued at less than $20,000.
14 827.03(1) 3rd Abuse of a child.
15 827.03(3)(c) 3rd Neglect of a child.
16 827.071(2)&(3) 2nd Use or induce a child in a sexual
17 performance, or promote or direct
18 such performance.
19 836.05 2nd Threats; extortion.
20 836.10 2nd Written threats to kill or do
21 bodily injury.
22 843.12 3rd Aids or assists person to escape.
23 847.0135(3) 3rd Solicitation of a child, via a
24 computer service, to commit an
25 unlawful sex act.
26 914.23 2nd Retaliation against a witness,
27 victim, or informant, with bodily
28 injury.
29 943.0435(9) 3rd Sex offenders; failure to comply
30 with reporting requirements.
31
19
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 998
5-1038-02
1 944.35(3)(a)2. 3rd Committing malicious battery upon
2 or inflicting cruel or inhuman
3 treatment on an inmate or
4 offender on community
5 supervision, resulting in great
6 bodily harm.
7 944.40 2nd Escapes.
8 944.46 3rd Harboring, concealing, aiding
9 escaped prisoners.
10 944.47(1)(a)5. 2nd Introduction of contraband
11 (firearm, weapon, or explosive)
12 into correctional facility.
13 951.22(1) 3rd Intoxicating drug, firearm, or
14 weapon introduced into county
15 facility.
16 (g) LEVEL 7
17 316.193(3)(c)2. 3rd DUI resulting in serious bodily
18 injury.
19 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
20 bodily injury.
21 402.319(2) 2nd Misrepresentation and negligence
22 or intentional act resulting in
23 great bodily harm, permanent
24 disfiguration, permanent
25 disability, or death.
26 409.920(2) 3rd Medicaid provider fraud.
27 456.065(2) 3rd Practicing a health care
28 profession without a license.
29
30
31
20
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 998
5-1038-02
1 456.065(2) 2nd Practicing a health care
2 profession without a license
3 which results in serious bodily
4 injury.
5 458.327(1) 3rd Practicing medicine without a
6 license.
7 459.013(1) 3rd Practicing osteopathic medicine
8 without a license.
9 460.411(1) 3rd Practicing chiropractic medicine
10 without a license.
11 461.012(1) 3rd Practicing podiatric medicine
12 without a license.
13 462.17 3rd Practicing naturopathy without a
14 license.
15 463.015(1) 3rd Practicing optometry without a
16 license.
17 464.016(1) 3rd Practicing nursing without a
18 license.
19 465.015(2) 3rd Practicing pharmacy without a
20 license.
21 466.026(1) 3rd Practicing dentistry or dental
22 hygiene without a license.
23 467.201 3rd Practicing midwifery without a
24 license.
25 468.366 3rd Delivering respiratory care
26 services without a license.
27 483.828(1) 3rd Practicing as clinical laboratory
28 personnel without a license.
29 483.901(9) 3rd Practicing medical physics
30 without a license.
31
21
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 998
5-1038-02
1 484.013(1)(c) 3rd Preparing or dispensing optical
2 devices without a prescription.
3 484.053 3rd Dispensing hearing aids without a
4 license.
5 494.0018(2) 1st Conviction of any violation of
6 ss. 494.001-494.0077 in which the
7 total money and property
8 unlawfully obtained exceeded
9 $50,000 and there were five or
10 more victims.
11 560.123(8)(b)1. 3rd Failure to report currency or
12 payment instruments exceeding
13 $300 but less than $20,000 by
14 money transmitter.
15 560.125(5)(a) 3rd Money transmitter business by
16 unauthorized person, currency or
17 payment instruments exceeding
18 $300 but less than $20,000.
19 655.50(10)(b)1. 3rd Failure to report financial
20 transactions exceeding $300 but
21 less than $20,000 by financial
22 institution.
23 782.051(3) 2nd Attempted felony murder of a
24 person by a person other than the
25 perpetrator or the perpetrator of
26 an attempted felony.
27 782.07(1) 2nd Killing of a human being by the
28 act, procurement, or culpable
29 negligence of another
30 (manslaughter).
31
22
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 998
5-1038-02
1 782.071 2nd Killing of human being or viable
2 fetus by the operation of a motor
3 vehicle in a reckless manner
4 (vehicular homicide).
5 782.072 2nd Killing of a human being by the
6 operation of a vessel in a
7 reckless manner (vessel
8 homicide).
9 784.045(1)(a)1. 2nd Aggravated battery; intentionally
10 causing great bodily harm or
11 disfigurement.
12 784.045(1)(a)2. 2nd Aggravated battery; using deadly
13 weapon.
14 784.045(1)(b) 2nd Aggravated battery; perpetrator
15 aware victim pregnant.
16 784.048(4) 3rd Aggravated stalking; violation of
17 injunction or court order.
18 784.07(2)(d) 1st Aggravated battery on law
19 enforcement officer.
20 784.074(1)(a) 1st Aggravated battery on sexually
21 violent predators facility staff.
22 784.08(2)(a) 1st Aggravated battery on a person 65
23 years of age or older.
24 784.081(1) 1st Aggravated battery on specified
25 official or employee.
26 784.082(1) 1st Aggravated battery by detained
27 person on visitor or other
28 detainee.
29 784.083(1) 1st Aggravated battery on code
30 inspector.
31
23
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 998
5-1038-02
1 790.07(4) 1st Specified weapons violation
2 subsequent to previous conviction
3 of s. 790.07(1) or (2).
4 790.16(1) 1st Discharge of a machine gun under
5 specified circumstances.
6 790.165(2) 2nd Manufacture, sell, possess, or
7 deliver hoax bomb.
8 790.165(3) 2nd Possessing, displaying, or
9 threatening to use any hoax bomb
10 while committing or attempting to
11 commit a felony.
12 790.166(3) 2nd Possessing, selling, using, or
13 attempting to use a hoax weapon
14 of mass destruction.
15 790.166(4) 2nd Possessing, displaying, or
16 threatening to use a hoax weapon
17 of mass destruction while
18 committing or attempting to
19 commit a felony.
20 796.03 2nd Procuring any person under 16
21 years for prostitution.
22 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
23 victim less than 12 years of age;
24 offender less than 18 years.
25 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
26 victim 12 years of age or older
27 but less than 16 years; offender
28 18 years or older.
29 806.01(2) 2nd Maliciously damage structure by
30 fire or explosive.
31
24
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 998
5-1038-02
1 810.02(3)(a) 2nd Burglary of occupied dwelling;
2 unarmed; no assault or battery.
3 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
4 unarmed; no assault or battery.
5 810.02(3)(d) 2nd Burglary of occupied conveyance;
6 unarmed; no assault or battery.
7 812.014(2)(a) 1st Property stolen, valued at
8 $100,000 or more; cargo stolen
9 valued at $50,000, or more;
10 property stolen while causing
11 other property damage; 1st degree
12 grand theft.
13 812.014(2)(b)2. 2nd Property stolen, emergency
14 medical equipment; 2nd degree
15 grand theft.
16 812.019(2) 1st Stolen property; initiates,
17 organizes, plans, etc., the theft
18 of property and traffics in
19 stolen property.
20 812.131(2)(a) 2nd Robbery by sudden snatching.
21 812.133(2)(b) 1st Carjacking; no firearm, deadly
22 weapon, or other weapon.
23 817.234(11)(c) 1st Insurance fraud; property value
24 $100,000 or more.
25 825.102(3)(b) 2nd Neglecting an elderly person or
26 disabled adult causing great
27 bodily harm, disability, or
28 disfigurement.
29 825.1025(2) 2nd Lewd or lascivious battery upon
30 an elderly person or disabled
31 adult.
25
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 998
5-1038-02
1 825.103(2)(b) 2nd Exploiting an elderly person or
2 disabled adult and property is
3 valued at $20,000 or more, but
4 less than $100,000.
5 827.03(3)(b) 2nd Neglect of a child causing great
6 bodily harm, disability, or
7 disfigurement.
8 827.04(3) 3rd Impregnation of a child under 16
9 years of age by person 21 years
10 of age or older.
11 837.05(2) 3rd Giving false information about
12 alleged capital felony to a law
13 enforcement officer.
14 872.06 2nd Abuse of a dead human body.
15 893.13(1)(c)1. 1st Sell, manufacture, or deliver
16 cocaine (or other drug prohibited
17 under s. 893.03(1)(a), (1)(b),
18 (1)(d), (2)(a), (2)(b), or
19 (2)(c)4.) within 1,000 feet of a
20 child care facility or school.
21 893.13(1)(e)1. 1st Sell, manufacture, or deliver
22 cocaine or other drug prohibited
23 under s. 893.03(1)(a), (1)(b),
24 (1)(d), (2)(a), (2)(b), or
25 (2)(c)4., within 1,000 feet of
26 property used for religious
27 services or a specified business
28 site.
29
30
31
26
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 998
5-1038-02
1 893.13(4)(a) 1st Deliver to minor cocaine (or
2 other s. 893.03(1)(a), (1)(b),
3 (1)(d), (2)(a), (2)(b), or
4 (2)(c)4. drugs).
5
6 893.135(1)(a)1. 1st Trafficking in cannabis, more
7 than 25 lbs., less than 2,000
8 lbs.
9
10 893.135 (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.
26 893.135
27 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
28 grams or more, less than 14
29 grams.
30
31
27
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 998
5-1038-02
1 893.135
2 (1)(h)1.a. 1st Trafficking in
3 gamma-hydroxybutyric acid (GHB),
4 1 kilogram or more, less than 5
5 kilograms.
6 893.135(1)(j)1.a.
7 893.135(1)(i)1.a. 1st Trafficking in 1,4-Butanediol, 1
8 kilogram or more, less than 5
9 kilograms.
10 893.135(1)(k)2.a.
11 893.135(1)(j)2.a. 1st Trafficking in Phenethylamines,
12 10 grams or more, less than 200
13 grams.
14 896.101(5)(a) 3rd Money laundering, financial
15 transactions exceeding $300 but
16 less than $20,000.
17 896.104(4)(a)1. 3rd Structuring transactions to evade
18 reporting or registration
19 requirements, financial
20 transactions exceeding $300 but
21 less than $20,000.
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.
26 560.123(8)(b)2. 2nd Failure to report currency or
27 payment instruments totaling or
28 exceeding $20,000, but less than
29 $100,000 by money transmitter.
30
31
28
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 998
5-1038-02
1 560.125(5)(b) 2nd Money transmitter business by
2 unauthorized person, currency or
3 payment instruments totaling or
4 exceeding $20,000, but less than
5 $100,000.
6 655.50(10)(b)2. 2nd Failure to report financial
7 transactions totaling or
8 exceeding $20,000, but less than
9 $100,000 by financial
10 institutions.
11 777.03(2)(a) 1st Accessory after the fact, capital
12 felony.
13 782.04(4) 2nd Killing of human without design
14 when engaged in act or attempt of
15 any felony other than arson,
16 sexual battery, robbery,
17 burglary, kidnapping, aircraft
18 piracy, or unlawfully discharging
19 bomb.
20 782.051(2) 1st Attempted felony murder while
21 perpetrating or attempting to
22 perpetrate a felony not
23 enumerated in s. 782.04(3).
24 782.071(1)(b) 1st Committing vehicular homicide and
25 failing to render aid or give
26 information.
27 782.072(2) 1st Committing vessel homicide and
28 failing to render aid or give
29 information.
30
31
29
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 998
5-1038-02
1 790.161(3) 1st Discharging a destructive device
2 which results in bodily harm or
3 property damage.
4 794.011(5) 2nd Sexual battery, victim 12 years
5 or over, offender does not use
6 physical force likely to cause
7 serious injury.
8 800.04(4) 2nd Lewd or lascivious battery.
9 806.01(1) 1st Maliciously damage dwelling or
10 structure by fire or explosive,
11 believing person in structure.
12 810.02(2)(a) 1st,PBL Burglary with assault or battery.
13 810.02(2)(b) 1st,PBL Burglary; armed with explosives
14 or dangerous weapon.
15 810.02(2)(c) 1st Burglary of a dwelling or
16 structure causing structural
17 damage or $1,000 or more property
18 damage.
19 812.13(2)(b) 1st Robbery with a weapon.
20 812.135(2) 1st Home-invasion robbery.
21 825.102(2) 2nd Aggravated abuse of an elderly
22 person or disabled adult.
23 825.103(2)(a) 1st Exploiting an elderly person or
24 disabled adult and property is
25 valued at $100,000 or more.
26 837.02(2) 2nd Perjury in official proceedings
27 relating to prosecution of a
28 capital felony.
29
30
31
30
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 998
5-1038-02
1 837.021(2) 2nd Making contradictory statements
2 in official proceedings relating
3 to prosecution of a capital
4 felony.
5 860.121(2)(c) 1st Shooting at or throwing any
6 object in path of railroad
7 vehicle resulting in great bodily
8 harm.
9 860.16 1st Aircraft piracy.
10 893.13(1)(b) 1st Sell or deliver in excess of 10
11 grams of any substance specified
12 in s. 893.03(1)(a) or (b).
13 893.13(2)(b) 1st Purchase in excess of 10 grams of
14 any substance specified in s.
15 893.03(1)(a) or (b).
16 893.13(6)(c) 1st Possess in excess of 10 grams of
17 any substance specified in s.
18 893.03(1)(a) or (b).
19 893.135(1)(a)2. 1st Trafficking in cannabis, more
20 than 2,000 lbs., less than 10,000
21 lbs.
22 893.135
23 (1)(b)1.b. 1st Trafficking in cocaine, more than
24 200 grams, less than 400 grams.
25 893.135
26 (1)(c)1.b. 1st Trafficking in illegal drugs,
27 more than 14 grams, less than 28
28 grams.
29
30
31
31
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 998
5-1038-02
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.
13 893.135
14 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14
15 grams or more, less than 28
16 grams.
17 893.135
18 (1)(h)1.b. 1st Trafficking in
19 gamma-hydroxybutyric acid (GHB),
20 5 kilograms or more, less than 10
21 kilograms.
22 893.135(1)(j)1.b.
23 893.135(1)(i)1.b. 1st Trafficking in 1,4-Butanediol, 5
24 kilograms or more, less than 10
25 kilograms.
26 893.135(1)(k)2.b.
27 893.135(1)(j)2.b. 1st Trafficking in Phenethylamines,
28 200 grams or more, less than 400
29 grams.
30
31
32
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 998
5-1038-02
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.
11 896.101(5)(b) 2nd Money laundering, financial
12 transactions totaling or
13 exceeding $20,000, but less than
14 $100,000.
15 896.104(4)(a)2. 2nd Structuring transactions to evade
16 reporting or registration
17 requirements, financial
18 transactions totaling or
19 exceeding $20,000 but less than
20 $100,000.
21 (i) LEVEL 9
22 316.193
23 (3)(c)3.b. 1st DUI manslaughter; failing to
24 render aid or give information.
25 560.123(8)(b)3. 1st Failure to report currency or
26 payment instruments totaling or
27 exceeding $100,000 by money
28 transmitter.
29
30
31
33
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 998
5-1038-02
1 560.125(5)(c) 1st Money transmitter business by
2 unauthorized person, currency, or
3 payment instruments totaling or
4 exceeding $100,000.
5 655.50(10)(b)3. 1st Failure to report financial
6 transactions totaling or
7 exceeding $100,000 by financial
8 institution.
9 775.0844 755.0844 1st Aggravated white collar crime.
10 782.04(1) 1st Attempt, conspire, or solicit to
11 commit premeditated murder.
12 782.04(3) 1st,PBL Accomplice to murder in
13 connection with arson, sexual
14 battery, robbery, burglary, and
15 other specified felonies.
16 782.051(1) 1st Attempted felony murder while
17 perpetrating or attempting to
18 perpetrate a felony enumerated in
19 s. 782.04(3).
20 782.07(2) 1st Aggravated manslaughter of an
21 elderly person or disabled adult.
22 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or
23 reward or as a shield or hostage.
24 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit
25 or facilitate commission of any
26 felony.
27 787.01(1)(a)4. 1st,PBL Kidnapping with intent to
28 interfere with performance of any
29 governmental or political
30 function.
31
34
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 998
5-1038-02
1 787.02(3)(a) 1st False imprisonment; child under
2 age 13; perpetrator also commits
3 aggravated child abuse, sexual
4 battery, or lewd or lascivious
5 battery, molestation, conduct, or
6 exhibition.
7 790.161 1st Attempted capital destructive
8 device offense.
9 790.166(2) 1st,PBL Possessing, selling, using, or
10 attempting to use a weapon of
11 mass destruction.
12 794.011(2) 1st Attempted sexual battery; victim
13 less than 12 years of age.
14 794.011(2) Life Sexual battery; offender younger
15 than 18 years and commits sexual
16 battery on a person less than 12
17 years.
18 794.011(4) 1st Sexual battery; victim 12 years
19 or older, certain circumstances.
20 794.011(8)(b) 1st Sexual battery; engage in sexual
21 conduct with minor 12 to 18 years
22 by person in familial or
23 custodial authority.
24 800.04(5)(b) 1st Lewd or lascivious molestation;
25 victim less than 12 years;
26 offender 18 years or older.
27 812.13(2)(a) 1st,PBL Robbery with firearm or other
28 deadly weapon.
29 812.133(2)(a) 1st,PBL Carjacking; firearm or other
30 deadly weapon.
31 827.03(2) 1st Aggravated child abuse.
35
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 998
5-1038-02
1 847.0145(1) 1st Selling, or otherwise
2 transferring custody or control,
3 of a minor.
4 847.0145(2) 1st Purchasing, or otherwise
5 obtaining custody or control, of
6 a minor.
7 859.01 1st Poisoning or introducing
8 bacteria, radioactive materials,
9 viruses, or chemical compounds
10 into food, drink, medicine, or
11 water with intent to kill or
12 injure another person.
13 893.135 1st Attempted capital trafficking
14 offense.
15 893.135(1)(a)3. 1st Trafficking in cannabis, more
16 than 10,000 lbs.
17 893.135
18 (1)(b)1.c. 1st Trafficking in cocaine, more than
19 400 grams, less than 150
20 kilograms.
21 893.135
22 (1)(c)1.c. 1st Trafficking in illegal drugs,
23 more than 28 grams, less than 30
24 kilograms.
25 893.135
26 (1)(d)1.c. 1st Trafficking in phencyclidine,
27 more than 400 grams.
28 893.135
29 (1)(e)1.c. 1st Trafficking in methaqualone, more
30 than 25 kilograms.
31
36
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 998
5-1038-02
1 893.135
2 (1)(f)1.c. 1st Trafficking in amphetamine, more
3 than 200 grams.
4 893.135
5 (1)(h)1.c. 1st Trafficking in
6 gamma-hydroxybutyric acid (GHB),
7 10 kilograms or more.
8 893.135(1)(j)1.c.
9 893.135(1)(i)1.c. 1st Trafficking in 1,4-Butanediol, 10
10 kilograms or more.
11 893.135(1)(k)2.c.
12 893.135(1)(j)2.c. 1st Trafficking in Phenethylamines,
13 400 grams or more.
14 896.101(5)(c) 1st Money laundering, financial
15 instruments totaling or exceeding
16 $100,000.
17 896.104(4)(a)3. 1st Structuring transactions to evade
18 reporting or registration
19 requirements, financial
20 transactions totaling or
21 exceeding $100,000.
22 Section 6. This act shall take effect July 1, 2002.
23
24
25
26
27
28
29
30
31
37
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 998
5-1038-02
1 *****************************************
2 SENATE SUMMARY
3 Provides that it is a second-degree felony to make a
false report concerning the placing or planting of a
4 weapon of mass destruction. Provides that the court may
not reduce, suspend, or withhold adjudication of guilt or
5 imposition of sentence for a person convicted of
committing such offense. Revises the elements of the
6 offense of planting a hoax bomb. Increases the penalty
for such offense from a third-degree felony to a
7 second-degree felony. Redefines the term "weapon of mass
destruction" to include any biological agent, a device
8 designed to release radiation, or a toxin, vector, or
delivery system. Provides that the court may not reduce,
9 suspend, or withhold adjudication of guilt or imposition
of sentence for a person convicted of manufacturing,
10 possessing, selling, sending, or using a weapon of mass
destruction. Provides that it is a second-degree felony
11 to possess, display, or threaten to use a hoax weapon of
mass destruction while committing or attempting to commit
12 a felony. (See bill for details.)
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
38
CODING: Words stricken are deletions; words underlined are additions.