Senate Bill sb0142e1
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SB 142 First Engrossed (ntc)
1 A bill to be entitled
2 An act relating to accessories to a crime;
3 providing a short title; amending s. 777.03,
4 F.S.; removing provisions that exempt certain
5 members of an offender's family from being
6 charged with the offense of acting as an
7 accessory after the fact; reenacting s.
8 921.0022(3)(h), F.S., relating to the Criminal
9 Punishment Code, to incorporate the amendment
10 to s. 777.03, F.S., in a reference thereto;
11 providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
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15 Section 1. This act may be cited as the "Jason A.
16 Gucwa Act."
17 Section 2. Subsection (1) of section 777.03, Florida
18 Statutes, is amended to read:
19 777.03 Accessory after the fact.--
20 (1)(a) Any person, except a child under the age of
21 eighteen at the time of the commission of the underlying
22 felony, regardless of the relation to the offender, not
23 standing in the relation of husband or wife, parent or
24 grandparent, child or grandchild, brother or sister, by
25 consanguinity or affinity to the offender, who maintains or
26 assists the principal or accessory before the fact, or gives
27 the offender any other aid, knowing that the offender had
28 committed a felony or been accessory thereto before the fact,
29 with intent that the offender avoids or escapes detection,
30 arrest, trial or punishment, is an accessory after the fact.
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SB 142 First Engrossed (ntc)
1 (b) Any person, regardless of the relation to the
2 offender, who maintains or assists the principal or accessory
3 before the fact, or gives the offender any other aid, knowing
4 that the offender had committed the offense of child abuse,
5 neglect of a child, aggravated child abuse, aggravated
6 manslaughter of a child under 18 years of age, or murder of a
7 child under 18 years of age, or had been accessory thereto
8 before the fact, with the intent that the offender avoids or
9 escapes detection, arrest, trial, or punishment, is an
10 accessory after the fact unless the court finds that the
11 person is a victim of domestic violence.
12 Section 3. For the purpose of incorporating the
13 amendment made by this act to section 777.03, Florida
14 Statutes, in a reference thereto, paragraph (h) of subsection
15 (3) of section 921.0022, Florida Statutes, is reenacted to
16 read:
17 921.0022 Criminal Punishment Code; offense severity
18 ranking chart.--
19 (3) OFFENSE SEVERITY RANKING CHART
20
21 Florida Felony
22 Statute Degree Description
23
24
25 (h) LEVEL 8
26 316.193
27 (3)(c)3.a. 2nd DUI manslaughter.
28 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
29 499.0051(7) 1st Forgery of prescription or legend
30 drug labels.
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SB 142 First Engrossed (ntc)
1 499.0052 1st Trafficking in contraband legend
2 drugs.
3 560.123(8)(b)2. 2nd Failure to report currency or
4 payment instruments totaling or
5 exceeding $20,000, but less than
6 $100,000 by money transmitter.
7 560.125(5)(b) 2nd Money transmitter business by
8 unauthorized person, currency or
9 payment instruments totaling or
10 exceeding $20,000, but less than
11 $100,000.
12 655.50(10)(b)2. 2nd Failure to report financial
13 transactions totaling or
14 exceeding $20,000, but less than
15 $100,000 by financial
16 institutions.
17 777.03(2)(a) 1st Accessory after the fact, capital
18 felony.
19 782.04(4) 2nd Killing of human without design
20 when engaged in act or attempt of
21 any felony other than arson,
22 sexual battery, robbery,
23 burglary, kidnapping, aircraft
24 piracy, or unlawfully discharging
25 bomb.
26 782.051(2) 1st Attempted felony murder while
27 perpetrating or attempting to
28 perpetrate a felony not
29 enumerated in s. 782.04(3).
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SB 142 First Engrossed (ntc)
1 782.071(1)(b) 1st Committing vehicular homicide and
2 failing to render aid or give
3 information.
4 782.072(2) 1st Committing vessel homicide and
5 failing to render aid or give
6 information.
7 790.161(3) 1st Discharging a destructive device
8 which results in bodily harm or
9 property damage.
10 794.011(5) 2nd Sexual battery, victim 12 years
11 or over, offender does not use
12 physical force likely to cause
13 serious injury.
14 800.04(4) 2nd Lewd or lascivious battery.
15 806.01(1) 1st Maliciously damage dwelling or
16 structure by fire or explosive,
17 believing person in structure.
18 810.02(2)(a) 1st,PBL Burglary with assault or battery.
19 810.02(2)(b) 1st,PBL Burglary; armed with explosives
20 or dangerous weapon.
21 810.02(2)(c) 1st Burglary of a dwelling or
22 structure causing structural
23 damage or $1,000 or more property
24 damage.
25 812.13(2)(b) 1st Robbery with a weapon.
26 812.135(2) 1st Home-invasion robbery.
27 817.568(6) 2nd Fraudulent use of personal
28 identification information of an
29 individual under the age of 18.
30 825.102(2) 2nd Aggravated abuse of an elderly
31 person or disabled adult.
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SB 142 First Engrossed (ntc)
1 825.1025(2) 2nd Lewd or lascivious battery upon
2 an elderly person or disabled
3 adult.
4 825.103(2)(a) 1st Exploiting an elderly person or
5 disabled adult and property is
6 valued at $100,000 or more.
7 837.02(2) 2nd Perjury in official proceedings
8 relating to prosecution of a
9 capital felony.
10 837.021(2) 2nd Making contradictory statements
11 in official proceedings relating
12 to prosecution of a capital
13 felony.
14 860.121(2)(c) 1st Shooting at or throwing any
15 object in path of railroad
16 vehicle resulting in great bodily
17 harm.
18 860.16 1st Aircraft piracy.
19 893.13(1)(b) 1st Sell or deliver in excess of 10
20 grams of any substance specified
21 in s. 893.03(1)(a) or (b).
22 893.13(2)(b) 1st Purchase in excess of 10 grams of
23 any substance specified in s.
24 893.03(1)(a) or (b).
25 893.13(6)(c) 1st Possess in excess of 10 grams of
26 any substance specified in s.
27 893.03(1)(a) or (b).
28 893.135(1)(a)2. 1st Trafficking in cannabis, more
29 than 2,000 lbs., less than 10,000
30 lbs.
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SB 142 First Engrossed (ntc)
1 893.135
2 (1)(b)1.b. 1st Trafficking in cocaine, more than
3 200 grams, less than 400 grams.
4 893.135
5 (1)(c)1.b. 1st Trafficking in illegal drugs,
6 more than 14 grams, less than 28
7 grams.
8 893.135
9 (1)(d)1.b. 1st Trafficking in phencyclidine,
10 more than 200 grams, less than
11 400 grams.
12 893.135
13 (1)(e)1.b. 1st Trafficking in methaqualone, more
14 than 5 kilograms, less than 25
15 kilograms.
16 893.135
17 (1)(f)1.b. 1st Trafficking in amphetamine, more
18 than 28 grams, less than 200
19 grams.
20 893.135
21 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14
22 grams or more, less than 28
23 grams.
24 893.135
25 (1)(h)1.b. 1st Trafficking in
26 gamma-hydroxybutyric acid (GHB),
27 5 kilograms or more, less than 10
28 kilograms.
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SB 142 First Engrossed (ntc)
1 893.135
2 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5
3 kilograms or more, less than 10
4 kilograms.
5 893.135
6 (1)(k)2.b. 1st Trafficking in Phenethylamines,
7 200 grams or more, less than 400
8 grams.
9 895.03(1) 1st Use or invest proceeds derived
10 from pattern of racketeering
11 activity.
12 895.03(2) 1st Acquire or maintain through
13 racketeering activity any
14 interest in or control of any
15 enterprise or real property.
16 895.03(3) 1st Conduct or participate in any
17 enterprise through pattern of
18 racketeering activity.
19 896.101(5)(b) 2nd Money laundering, financial
20 transactions totaling or
21 exceeding $20,000, but less than
22 $100,000.
23 896.104(4)(a)2. 2nd Structuring transactions to evade
24 reporting or registration
25 requirements, financial
26 transactions totaling or
27 exceeding $20,000 but less than
28 $100,000.
29 Section 4. This act shall take effect upon becoming a
30 law.
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