Senate Bill sb1978

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    Florida Senate - 2007                                  SB 1978

    By the Committee on Criminal Justice





    591-992B-07

  1                      A bill to be entitled

  2         An act relating to the use of a minor to

  3         facilitate the commission of a crime; creating

  4         s. 775.0851, F.S.; requiring that an offense be

  5         reclassified to the next higher degree if,

  6         during the commission or attempted commission

  7         of the offense, the offender was 18 years of

  8         age or older and used, conspired with, or

  9         otherwise involved a person younger than 18

10         years of age in committing the offense or in

11         avoiding detection or apprehension for the

12         offense; providing for ranking an enhanced

13         offense under the sentencing guidelines;

14         authorizing the court to sentence the offender

15         to a term of imprisonment which is longer than

16         otherwise required; providing an effective

17         date.

18  

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

20  

21         Section 1.  Section 775.0851, Florida Statutes, is

22  created to read:

23         775.0851  Use of a minor to facilitate commission of a

24  crime.--

25         (1)  The felony or misdemeanor degree of any criminal

26  offense shall be reclassified to the next higher degree as

27  provided in this section if, during the commission or

28  attempted commission of the offense, the offender was 18 years

29  of age or older and if the offender:

30         (a)  Used or hired a person younger than 18 years of

31  age as an agent or employee of the offender or others to

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    Florida Senate - 2007                                  SB 1978
    591-992B-07




 1  facilitate the commission or attempted commission of the

 2  offense;

 3         (b)  Conspired with a person younger than 18 years of

 4  age to commit the offense;

 5         (c)  Solicited or otherwise caused a person younger

 6  than 18 years of age to commit or attempt to commit the

 7  offense;

 8         (d)  Used a person younger than 18 years of age to aid

 9  or abet in the commission or attempt to commit the offense; or

10         (e)  Used a person younger than 18 years of age to

11  assist or attempt to assist in avoiding detection or

12  apprehension for the offense.

13         (2)(a)  In the case of a misdemeanor of the second

14  degree, the offense shall be reclassified to a misdemeanor of

15  the first degree.

16         (b)  In the case of a misdemeanor of the first degree,

17  the offense shall be reclassified to a felony of the third

18  degree. For purposes of sentencing under chapter 921, such

19  offense shall be ranked in level 2 of the offense severity

20  ranking chart.

21         (3)(a)  In the case of a felony of the third degree,

22  the offense shall be reclassified to a felony of the second

23  degree.

24         (b)  In the case of a felony of the second degree, the

25  offense shall be reclassified to a felony of the first degree.

26         (c)  In the case of a felony of the first degree, the

27  offense shall be reclassified to a life felony.

28  

29  For purposes of sentencing under chapter 921, a felony offense

30  that is reclassified under this subsection shall be ranked one

31  

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    Florida Senate - 2007                                  SB 1978
    591-992B-07




 1  level above the ranking under s. 921.0022 or s. 921.0023 of

 2  the offense committed.

 3         (4)  Notwithstanding any other provision of law, the

 4  court may sentence the offender as follows:

 5         (a)  In the case of an offense reclassified under this

 6  section to a life felony or a felony of the first degree, for

 7  life.

 8         (b)  In the case of an offense reclassified under this

 9  section to a felony of the second degree, for a term of years

10  not exceeding 30.

11         (c)  In the case of an offense reclassified under this

12  section to a felony of the third degree, for a term of years

13  not exceeding 10.

14         Section 2.  This act shall take effect July 1, 2007.

15  

16            *****************************************

17                          SENATE SUMMARY

18    Provides for imposing enhanced penalties against an
      offender who uses a person younger than 18 years of age
19    in facilitating the commission of a crime. Requires that
      the offense be reclassified to the next higher degree.
20    Provides for ranking an offense reclassified under the
      act for purposes of sentencing. Authorizes the court to
21    sentence the offender to a term of imprisonment which is
      longer than otherwise required.
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