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A bill to be entitled |
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An act relating to assisting self-murder; amending s. |
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782.08, F.S.; revising element of offense; providing |
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legislative findings; providing definitions; providing |
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criminal penalties; amending s. 921.0022, F.S.; ranking |
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the offense of assisting self-murder on the offense |
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severity ranking chart of the Criminal Punishment Code; |
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reenacting s. 790.065(2)(c), F.S.; incorporating the |
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amendment to s. 782.08, F.S., in a reference thereto; |
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providing an effective date. |
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Be It Enacted by the Legislature of the State of Florida: |
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Section 1. Section 782.08, Florida Statutes, is amended to |
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read: |
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782.08 Assisting self-murder.-- |
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(1) FINDINGS AND PURPOSE.--The Legislature finds that the |
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state has a compelling interest in preserving human life, |
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preventing suicide, protecting vulnerable persons, protecting |
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the public health and safety, and maintaining the integrity of |
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the medical profession. The Legislature further finds that there |
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is a distinction between assisting self-murder and refusing or |
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foregoing medical treatment.
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(2) DEFINITIONS.--As used in this section, the term:
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(a) "Deliberately assisting" means carrying out an act |
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that is intended to:
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1. Aid, abet, facilitate, permit, advocate, or encourage;
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2. Publicize, promote, advertise, operate, stage, schedule |
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or conduct;
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3. Provide or secure a venue, transportation, or security; |
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or
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4. Result in the collection of an admission or fee.
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(b) "Person" means every natural person, firm, |
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copartnership, association, or corporation.
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(3) PENALTIES.--Every person deliberately assisting |
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another in the commission of self-murder, regardless of whether |
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death actually occurs, shall be guilty of manslaughter,a felony |
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of the second degree, punishable as provided in s. 775.082, s. |
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775.083, or s. 775.084. |
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Section 2. Paragraph (g) of subsection (3) of section |
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921.0022, Florida Statutes, is amended to read: |
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921.0022 Criminal Punishment Code; offense severity |
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ranking chart.-- |
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(3) OFFENSE SEVERITY RANKING CHART |
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| FloridaStatute | FelonyDegree | Description |
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47
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| 316.027(1)(b) | 2nd | Accident involving death, failure to stop; leaving scene. |
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48
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| 316.193(3)(c)2. | 3rd | DUI resulting in serious bodily injury. |
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49
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| 327.35(3)(c)2. | 3rd | Vessel BUI resulting in serious bodily injury. |
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50
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| 402.319(2) | 2nd | Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. |
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| 409.920(2) | 3rd | Medicaid provider fraud. |
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52
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| 456.065(2) | 3rd | Practicing a health care profession without a license. |
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53
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| 456.065(2) | 2nd | Practicing a health care profession without a license which results in serious bodily injury. |
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54
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| 458.327(1) | 3rd | Practicing medicine without a license. |
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55
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| 459.013(1) | 3rd | Practicing osteopathic medicine without a license. |
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56
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| 460.411(1) | 3rd | Practicing chiropractic medicine without a license. |
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57
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| 461.012(1) | 3rd | Practicing podiatric medicine without a license. |
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58
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| 462.17 | 3rd | Practicing naturopathy without a license. |
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59
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| 463.015(1) | 3rd | Practicing optometry without a license. |
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60
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| 464.016(1) | 3rd | Practicing nursing without a license. |
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61
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| 465.015(2) | 3rd | Practicing pharmacy without a license. |
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62
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| 466.026(1) | 3rd | Practicing dentistry or dental hygiene without a license. |
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63
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| 467.201 | 3rd | Practicing midwifery without a license. |
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| 468.366 | 3rd | Delivering respiratory care services without a license. |
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| 483.828(1) | 3rd | Practicing as clinical laboratory personnel without a license. |
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| 483.901(9) | 3rd | Practicing medical physics without a license. |
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| 484.013(1)(c) | 3rd | Preparing or dispensing optical devices without a prescription. |
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68
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| 484.053 | 3rd | Dispensing hearing aids without a license. |
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| 494.0018(2) | 1st | Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims. |
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| 560.123(8)(b)1. | 3rd | Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter. |
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| 560.125(5)(a) | 3rd | Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. |
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| 655.50(10)(b)1. | 3rd | Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. |
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| 782.051(3) | 2nd | Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. |
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| 782.07(1) | 2nd | Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). |
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| 782.071 | 2nd | Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide). |
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| 782.072 | 2nd | Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). |
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| 782.08 | 2nd | Assisting self-murder. |
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| 784.045(1)(a)1. | 2nd | Aggravated battery; intentionally causing great bodily harm or disfigurement. |
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| 784.045(1)(a)2. | 2nd | Aggravated battery; using deadly weapon. |
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| 784.045(1)(b) | 2nd | Aggravated battery; perpetrator aware victim pregnant. |
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| 784.048(4) | 3rd | Aggravated stalking; violation of injunction or court order. |
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| 784.07(2)(d) | 1st | Aggravated battery on law enforcement officer. |
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| 784.074(1)(a) | 1st | Aggravated battery on sexually violent predators facility staff. |
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| 784.08(2)(a) | 1st | Aggravated battery on a person 65 years of age or older. |
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| 784.081(1) | 1st | Aggravated battery on specified official or employee. |
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| 784.082(1) | 1st | Aggravated battery by detained person on visitor or other detainee. |
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| 784.083(1) | 1st | Aggravated battery on code inspector. |
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| 790.07(4) | 1st | Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2). |
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| 790.16(1) | 1st | Discharge of a machine gun under specified circumstances. |
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| 790.165(2) | 2nd | Manufacture, sell, possess, or deliver hoax bomb. |
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| 790.165(3) | 2nd | Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. |
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| 790.166(3) | 2nd | Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. |
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| 790.166(4) | 2nd | Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. |
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| 796.03 | 2nd | Procuring any person under 16 years for prostitution. |
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| 800.04(5)(c)1. | 2nd | Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years. |
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| 800.04(5)(c)2. | 2nd | Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older. |
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| 806.01(2) | 2nd | Maliciously damage structure by fire or explosive. |
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| 810.02(3)(a) | 2nd | Burglary of occupied dwelling; unarmed; no assault or battery. |
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| 810.02(3)(b) | 2nd | Burglary of unoccupied dwelling; unarmed; no assault or battery. |
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| 810.02(3)(d) | 2nd | Burglary of occupied conveyance; unarmed; no assault or battery. |
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| 812.014(2)(a) | 1st | Property stolen, valued at $100,000 or more; cargo stolen valued at $50,000 or more; property stolen while causing other property damage; 1st degree grand theft. |
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| 812.014(2)(b)3. | 2nd | Property stolen, emergency medical equipment; 2nd degree grand theft. |
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103
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| 812.0145(2)(a) | 1st | Theft from person 65 years of age or older; $50,000 or more. |
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104
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| 812.019(2) | 1st | Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. |
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105
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| 812.131(2)(a) | 2nd | Robbery by sudden snatching. |
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| 812.133(2)(b) | 1st | Carjacking; no firearm, deadly weapon, or other weapon. |
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| 817.234(8)(a) | 2nd | Solicitation of motor vehicle accident victims with intent to defraud. |
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| 817.234(9) | 2nd | Organizing, planning, or participating in an intentional motor vehicle collision. |
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| 817.234(11)(c) | 1st | Insurance fraud; property value $100,000 or more. |
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| 817.2341(2)(b)& (3)(b) | 1st | Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity. |
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| 825.102(3)(b) | 2nd | Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. |
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| 825.103(2)(b) | 2nd | Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000. |
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| 827.03(3)(b) | 2nd | Neglect of a child causing great bodily harm, disability, or disfigurement. |
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| 827.04(3) | 3rd | Impregnation of a child under 16 years of age by person 21 years of age or older. |
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| 837.05(2) | 3rd | Giving false information about alleged capital felony to a law enforcement officer. |
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| 838.016 | 2nd | Unlawful compensation or reward for official behavior. |
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118
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| 838.021(3)(a) | 2nd | Unlawful harm to a public servant. |
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| 872.06 | 2nd | Abuse of a dead human body. |
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| 893.13(1)(c)1. | 1st | Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center. |
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| 893.13(1)(e)1. | 1st | Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site. |
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| 893.13(4)(a) | 1st | Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs). |
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| 893.135(1)(a)1. | 1st | Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. |
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| 893.135(1)(b)1.a. | 1st | Trafficking in cocaine, more than 28 grams, less than 200 grams. |
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| 893.135(1)(c)1.a. | 1st | Trafficking in illegal drugs, more than 4 grams, less than 14 grams. |
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| 893.135(1)(d)1. | 1st | Trafficking in phencyclidine, more than 28 grams, less than 200 grams. |
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| 893.135(1)(e)1. | 1st | Trafficking in methaqualone, more than 200 grams, less than 5 kilograms. |
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| 893.135(1)(f)1. | 1st | Trafficking in amphetamine, more than 14 grams, less than 28 grams. |
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| 893.135(1)(g)1.a. | 1st | Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. |
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| 893.135(1)(h)1.a. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. |
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| 893.135(1)(j)1.a. | 1st | Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms. |
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| 893.135(1)(k)2.a. | 1st | Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. |
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| 896.101(5)(a) | 3rd | Money laundering, financial transactions exceeding $300 but less than $20,000. |
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135
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| 896.104(4)(a)1. | 3rd | Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. |
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Section 3. For the purpose of incorporating the amendment |
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to section 782.08, Florida Statutes, in a reference thereto, |
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paragraph (c) of subsection (2) of section 790.065, Florida |
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Statutes, is reenacted to read: |
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790.065 Sale and delivery of firearms.-- |
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(2) Upon receipt of a request for a criminal history |
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record check, the Department of Law Enforcement shall, during |
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the licensee's call or by return call, forthwith: |
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(c)1. Review any records available to it to determine |
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whether the potential buyer or transferee has been indicted or |
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has had an information filed against her or him for an offense |
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that is a felony under either state or federal law, or, as |
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mandated by federal law, has had an injunction for protection |
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against domestic violence entered against the potential buyer or |
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transferee under s. 741.30, has had an injunction for protection |
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against repeat violence entered against the potential buyer or |
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transferee under s. 784.046, or has been arrested for a |
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dangerous crime as specified in s. 907.041(4)(a) or for any of |
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the following enumerated offenses: |
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a. Criminal anarchy under ss. 876.01 and 876.02. |
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b. Extortion under s. 836.05. |
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c. Explosives violations under s. 552.22(1) and (2). |
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d. Controlled substances violations under chapter 893. |
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e. Resisting an officer with violence under s. 843.01. |
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f. Weapons and firearms violations under this chapter. |
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g. Treason under s. 876.32. |
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h. Assisting self-murder under s. 782.08. |
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i. Sabotage under s. 876.38. |
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j. Stalking or aggravated stalking under s. 784.048. |
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If the review indicates any such indictment, information, or |
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arrest, the department shall provide to the licensee a |
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conditional nonapproval number. |
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2. Within 24 working hours, the department shall determine |
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the disposition of the indictment, information, or arrest and |
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inform the licensee as to whether the potential buyer is |
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prohibited from receiving or possessing a firearm. For purposes |
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of this paragraph, "working hours" means the hours from 8 a.m. |
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to 5 p.m. Monday through Friday, excluding legal holidays. |
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3. The office of the clerk of court, at no charge to the |
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department, shall respond to any department request for data on |
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the disposition of the indictment, information, or arrest as |
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soon as possible, but in no event later than 8 working hours. |
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4. The department shall determine as quickly as possible |
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within the allotted time period whether the potential buyer is |
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prohibited from receiving or possessing a firearm. |
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5. If the potential buyer is not so prohibited, or if the |
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department cannot determine the disposition information within |
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the allotted time period, the department shall provide the |
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licensee with a conditional approval number. |
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6. If the buyer is so prohibited, the conditional |
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nonapproval number shall become a nonapproval number. |
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7. The department shall continue its attempts to obtain |
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the disposition information and may retain a record of all |
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approval numbers granted without sufficient disposition |
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information. If the department later obtains disposition |
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information which indicates: |
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a. That the potential buyer is not prohibited from owning |
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a firearm, it shall treat the record of the transaction in |
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accordance with this section; or |
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b. That the potential buyer is prohibited from owning a |
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firearm, it shall immediately revoke the conditional approval |
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number and notify local law enforcement. |
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8. During the time that disposition of the indictment, |
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information, or arrest is pending and until the department is |
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notified by the potential buyer that there has been a final |
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disposition of the indictment, information, or arrest, the |
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conditional nonapproval number shall remain in effect. |
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Section 4. This act shall take effect July 1, 2004. |