Florida Senate - 2016                          SENATOR AMENDMENT
       Bill No. CS for SB 1294
       
       
       
       
       
       
                                Ì397030uÎ397030                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             03/03/2016 12:46 PM       .                                
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       Senator Flores moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 238 - 696
    4  and insert:
    5         Section 5. Subsections (1), (3), and (4) of section 782.04,
    6  Florida Statutes, are amended to read:
    7         782.04 Murder.—
    8         (1)(a) The unlawful killing of a human being:
    9         1. When perpetrated from a premeditated design to effect
   10  the death of the person killed or any human being;
   11         2. When committed by a person engaged in the perpetration
   12  of, or in the attempt to perpetrate, any:
   13         a. Trafficking offense prohibited by s. 893.135(1),
   14         b. Arson,
   15         c. Sexual battery,
   16         d. Robbery,
   17         e. Burglary,
   18         f. Kidnapping,
   19         g. Escape,
   20         h. Aggravated child abuse,
   21         i. Aggravated abuse of an elderly person or disabled adult,
   22         j. Aircraft piracy,
   23         k. Unlawful throwing, placing, or discharging of a
   24  destructive device or bomb,
   25         l. Carjacking,
   26         m. Home-invasion robbery,
   27         n. Aggravated stalking,
   28         o. Murder of another human being,
   29         p. Resisting an officer with violence to his or her person,
   30         q. Aggravated fleeing or eluding with serious bodily injury
   31  or death,
   32         r. Felony that is an act of terrorism or is in furtherance
   33  of an act of terrorism,; or
   34         s.Human trafficking, or
   35         3. Which resulted from the unlawful distribution of any
   36  substance controlled under s. 893.03(1), cocaine as described in
   37  s. 893.03(2)(a)4., opium or any synthetic or natural salt,
   38  compound, derivative, or preparation of opium, or methadone by a
   39  person 18 years of age or older, when such drug is proven to be
   40  the proximate cause of the death of the user,
   41  
   42  is murder in the first degree and constitutes a capital felony,
   43  punishable as provided in s. 775.082.
   44         (b) In all cases under this section, the procedure set
   45  forth in s. 921.141 shall be followed in order to determine
   46  sentence of death or life imprisonment.
   47         (3) When a human being is killed during the perpetration
   48  of, or during the attempt to perpetrate, any:
   49         (a) Trafficking offense prohibited by s. 893.135(1),
   50         (b) Arson,
   51         (c) Sexual battery,
   52         (d) Robbery,
   53         (e) Burglary,
   54         (f) Kidnapping,
   55         (g) Escape,
   56         (h) Aggravated child abuse,
   57         (i) Aggravated abuse of an elderly person or disabled
   58  adult,
   59         (j) Aircraft piracy,
   60         (k) Unlawful throwing, placing, or discharging of a
   61  destructive device or bomb,
   62         (l) Carjacking,
   63         (m) Home-invasion robbery,
   64         (n) Aggravated stalking,
   65         (o) Murder of another human being,
   66         (p) Aggravated fleeing or eluding with serious bodily
   67  injury or death,
   68         (q) Resisting an officer with violence to his or her
   69  person, or
   70         (r) Felony that is an act of terrorism or is in furtherance
   71  of an act of terrorism, or
   72         (s)Human trafficking,
   73  
   74  by a person other than the person engaged in the perpetration of
   75  or in the attempt to perpetrate such felony, the person
   76  perpetrating or attempting to perpetrate such felony commits
   77  murder in the second degree, which constitutes a felony of the
   78  first degree, punishable by imprisonment for a term of years not
   79  exceeding life or as provided in s. 775.082, s. 775.083, or s.
   80  775.084.
   81         (4) The unlawful killing of a human being, when perpetrated
   82  without any design to effect death, by a person engaged in the
   83  perpetration of, or in the attempt to perpetrate, any felony
   84  other than any:
   85         (a) Trafficking offense prohibited by s. 893.135(1),
   86         (b) Arson,
   87         (c) Sexual battery,
   88         (d) Robbery,
   89         (e) Burglary,
   90         (f) Kidnapping,
   91         (g) Escape,
   92         (h) Aggravated child abuse,
   93         (i) Aggravated abuse of an elderly person or disabled
   94  adult,
   95         (j) Aircraft piracy,
   96         (k) Unlawful throwing, placing, or discharging of a
   97  destructive device or bomb,
   98         (l) Unlawful distribution of any substance controlled under
   99  s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or
  100  opium or any synthetic or natural salt, compound, derivative, or
  101  preparation of opium by a person 18 years of age or older, when
  102  such drug is proven to be the proximate cause of the death of
  103  the user,
  104         (m) Carjacking,
  105         (n) Home-invasion robbery,
  106         (o) Aggravated stalking,
  107         (p) Murder of another human being,
  108         (q) Aggravated fleeing or eluding with serious bodily
  109  injury or death,
  110         (r) Resisting an officer with violence to his or her
  111  person, or
  112         (s) Felony that is an act of terrorism or is in furtherance
  113  of an act of terrorism, or
  114         (t)Human trafficking,
  115  
  116  is murder in the third degree and constitutes a felony of the
  117  second degree, punishable as provided in s. 775.082, s. 775.083,
  118  or s. 775.084.
  119         Section 6. Subsection (10) is added to section 787.06,
  120  Florida Statutes, to read:
  121         787.06 Human trafficking.—
  122         (10) A victim’s lack of chastity or the willingness or
  123  consent of a victim is not a defense to prosecution under this
  124  section if the victim was under 18 years of age at the time of
  125  the offense.
  126         Section 7. Section 794.022, Florida Statutes, is amended to
  127  read:
  128         794.022 Rules of evidence.—
  129         (1) The testimony of the victim need not be corroborated in
  130  a prosecution under s. 787.06, s. 794.011, or s. 800.04.
  131         (2) Specific instances of prior consensual sexual activity
  132  between the victim and any person other than the offender may
  133  shall not be admitted into evidence in a prosecution under s.
  134  787.06, s. 794.011, or s. 800.04. However, such evidence may be
  135  admitted if it is first established to the court in a proceeding
  136  in camera that such evidence may prove that the defendant was
  137  not the source of the semen, pregnancy, injury, or disease; or,
  138  when consent by the victim is at issue, such evidence may be
  139  admitted if it is first established to the court in a proceeding
  140  in camera that such evidence tends to establish a pattern of
  141  conduct or behavior on the part of the victim which is so
  142  similar to the conduct or behavior in the case that it is
  143  relevant to the issue of consent.
  144         (3) Notwithstanding any other provision of law, reputation
  145  evidence relating to a victim’s prior sexual conduct or evidence
  146  presented for the purpose of showing that manner of dress of the
  147  victim at the time of the offense incited the sexual battery may
  148  shall not be admitted into evidence in a prosecution under s.
  149  787.06, s. 794.011, or s. 800.04.
  150         (4) When consent of the victim is a defense to prosecution
  151  under s. 787.06, s. 794.011, or s. 800.04, evidence of the
  152  victim’s mental incapacity or defect is admissible to prove that
  153  the consent was not intelligent, knowing, or voluntary; and the
  154  court shall instruct the jury accordingly.
  155         (5) An offender’s use of a prophylactic device, or a
  156  victim’s request that an offender use a prophylactic device, is
  157  not, by itself, relevant to either the issue of whether or not
  158  the offense was committed or the issue of whether or not the
  159  victim consented.
  160  
  161  ================= T I T L E  A M E N D M E N T ================
  162  And the title is amended as follows:
  163         Delete lines 16 - 37
  164  and insert:
  165         upon or in the presence of a child; amending s.
  166         782.04, F.S.; including human trafficking as an
  167         underlying felony offense to support a felony murder
  168         conviction; amending s. 787.06, F.S.; prohibiting
  169         certain defenses to prosecution under certain
  170         circumstances; amending s. 794.022, F.S.; including
  171         human trafficking and lewd and lascivious offenses in
  172         the rules of evidence applicable to sexually-related
  173         offenses;