HB 369

1	A bill to be entitled
2	An act relating to murder; amending s. 782.04, F.S.;
3	providing that murder in the first degree includes the
4	unlawful killing of a human being which resulted from the
5	unlawful distribution of methadone by a person aged 18 or
6	older when such drug is proven to be the proximate cause
7	of the death of the user; providing penalties; reenacting
8	ss. 775.0823(1) and (2), 782.065(1), 921.0022(3)(i), and
9	947.146(3)(i), F.S., relating to violent offenses
10	committed against law enforcement officers, correctional
11	officers, state attorneys, assistant state attorneys,
12	justices, or judges, murder of law enforcement officer,
13	the Criminal Punishment Code offense severity ranking
14	chart, and the Control Release Authority, respectively, to
15	incorporate the amendment to s. 782.04, F.S., in
16	references thereto; providing an effective date.
17
18	Be It Enacted by the Legislature of the State of Florida:
19
20	Section 1.  Paragraph (a) of subsection (1) of section
21	782.04, Florida Statutes, is amended to read:
22	782.04  Murder.-
23	(1)(a)  The unlawful killing of a human being:
24	1.  When perpetrated from a premeditated design to effect
25	the death of the person killed or any human being;
26	2.  When committed by a person engaged in the perpetration
27	of, or in the attempt to perpetrate, any:
28	a.  Trafficking offense prohibited by s. 893.135(1),
29	b.  Arson,
30	c.  Sexual battery,
31	d.  Robbery,
32	e.  Burglary,
33	f.  Kidnapping,
34	g.  Escape,
35	h.  Aggravated child abuse,
36	i.  Aggravated abuse of an elderly person or disabled
37	adult,
38	j.  Aircraft piracy,
39	k.  Unlawful throwing, placing, or discharging of a
40	destructive device or bomb,
41	l.  Carjacking,
42	m.  Home-invasion robbery,
43	n.  Aggravated stalking,
44	o.  Murder of another human being,
45	p.  Resisting an officer with violence to his or her
46	person,
47	q.  Felony that is an act of terrorism or is in furtherance
48	of an act of terrorism; or
49	3.  Which resulted from the unlawful distribution of any
50	substance controlled under s. 893.03(1), cocaine as described in
51	s. 893.03(2)(a)4., or opium or any synthetic or natural salt,
52	compound, derivative, or preparation of opium, or methadone by a
53	person 18 years of age or older, when such drug is proven to be
54	the proximate cause of the death of the user,
55
56	is murder in the first degree and constitutes a capital felony,
57	punishable as provided in s. 775.082.
58	Section 2.  For the purpose of incorporating the amendment
59	made by this act to section 782.04, Florida Statutes, in
60	references thereto, subsections (1) and (2) of section 775.0823,
61	Florida Statutes, are reenacted to read:
62	775.0823  Violent offenses committed against law
63	enforcement officers, correctional officers, state attorneys,
64	assistant state attorneys, justices, or judges.-The Legislature
65	does hereby provide for an increase and certainty of penalty for
66	any person convicted of a violent offense against any law
67	enforcement or correctional officer, as defined in s. 943.10(1),
68	(2), (3), (6), (7), (8), or (9); against any state attorney
69	elected pursuant to s. 27.01 or assistant state attorney
70	appointed under s. 27.181; or against any justice or judge of a
71	court described in Art. V of the State Constitution, which
72	offense arises out of or in the scope of the officer's duty as a
73	law enforcement or correctional officer, the state attorney's or
74	assistant state attorney's duty as a prosecutor or investigator,
75	or the justice's or judge's duty as a judicial officer, as
76	follows:
77	(1)  For murder in the first degree as described in s.
78	782.04(1), if the death sentence is not imposed, a sentence of
79	imprisonment for life without eligibility for release.
80	(2)  For attempted murder in the first degree as described
81	in s. 782.04(1), a sentence pursuant to s. 775.082, s. 775.083,
82	or s. 775.084.
83
84	Notwithstanding the provisions of s. 948.01, with respect to any
85	person who is found to have violated this section, adjudication
86	of guilt or imposition of sentence shall not be suspended,
87	deferred, or withheld.
88	Section 3.  For the purpose of incorporating the amendment
89	made by this act to section 782.04, Florida Statutes, in a
90	reference thereto, subsection (1) of section 782.065, Florida
91	Statutes, is reenacted to read:
92	782.065  Murder; law enforcement officer.-Notwithstanding
93	ss. 775.082, 775.0823, 782.04, 782.051, and chapter 921, a
94	defendant shall be sentenced to life imprisonment without
95	eligibility for release upon findings by the trier of fact that,
96	beyond a reasonable doubt:
97	(1)  The defendant committed murder in the first degree in
98	violation of s. 782.04(1) and a death sentence was not imposed;
99	murder in the second or third degree in violation of s.
100	782.04(2), (3), or (4); attempted murder in the first or second
101	degree in violation of s. 782.04(1)(a)1. or (2); or attempted
102	felony murder in violation of s. 782.051; and
103	Section 4.  For the purpose of incorporating the amendment
104	made by this act to section 782.04, Florida Statutes, in a
105	reference thereto, paragraph (i) of subsection (3) of section
106	921.0022, Florida Statutes, is reenacted to read:
107	921.0022  Criminal Punishment Code; offense severity
108	ranking chart.-
109	(3)  OFFENSE SEVERITY RANKING CHART
110	(i)  LEVEL 9
111
	FloridaStatute FelonyDegree Description
112
	316.193(3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
113
	327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
114
	409.920(2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
115
	499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
116
	560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
117
	560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
118
	655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
119
	775.0844 1st Aggravated white collar crime.
120
	782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
121
	782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
122
	782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
123
	782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
124
	787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
125
	787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
126
	787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
127
	787.02(3)(a) 1st False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
128
	790.161 1st Attempted capital destructive device offense.
129
	790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
130
	794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
131
	794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
132
	794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
133
	794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
134
	794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
135
	800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
136
	812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
137
	812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
138
	812.135(2)(b) 1st Home-invasion robbery with weapon.
139
	817.568(7) 2nd,PBL Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
140
	827.03(2) 1st Aggravated child abuse.
141
	847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
142
	847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
143
	859.01 1st Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
144
	893.135 1st Attempted capital trafficking offense.
145
	893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
146
	893.135(1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
147
	893.135(1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
148
	893.135(1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
149
	893.135(1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
150
	893.135(1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
151
	893.135(1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
152
	893.135(1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
153
	893.135(1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
154
	896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
155
	896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
156
157	Section 5.  For the purpose of incorporating the amendment
158	made by this act to section 782.04, Florida Statutes, in a
159	reference thereto, paragraph (i) of subsection (3) of section
160	947.146, Florida Statutes, is reenacted to read:
161	947.146  Control Release Authority.-
162	(3)  Within 120 days prior to the date the state
163	correctional system is projected pursuant to s. 216.136 to
164	exceed 99 percent of total capacity, the authority shall
165	determine eligibility for and establish a control release date
166	for an appropriate number of parole ineligible inmates committed
167	to the department and incarcerated within the state who have
168	been determined by the authority to be eligible for
169	discretionary early release pursuant to this section. In
170	establishing control release dates, it is the intent of the
171	Legislature that the authority prioritize consideration of
172	eligible inmates closest to their tentative release date. The
173	authority shall rely upon commitment data on the offender
174	information system maintained by the department to initially
175	identify inmates who are to be reviewed for control release
176	consideration. The authority may use a method of objective risk
177	assessment in determining if an eligible inmate should be
178	released. Such assessment shall be a part of the department's
179	management information system. However, the authority shall have
180	sole responsibility for determining control release eligibility,
181	establishing a control release date, and effectuating the
182	release of a sufficient number of inmates to maintain the inmate
183	population between 99 percent and 100 percent of total capacity.
184	Inmates who are ineligible for control release are inmates who
185	are parole eligible or inmates who:
186	(i)  Are convicted, or have been previously convicted, of
187	committing or attempting to commit murder in the first, second,
188	or third degree under s. 782.04(1), (2), (3), or (4), or have
189	ever been convicted of any degree of murder or attempted murder
190	in another jurisdiction;
191
192	In making control release eligibility determinations under this
193	subsection, the authority may rely on any document leading to or
194	generated during the course of the criminal proceedings,
195	including, but not limited to, any presentence or postsentence
196	investigation or any information contained in arrest reports
197	relating to circumstances of the offense.
198	Section 6.  This act shall take effect October 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.