Florida Senate - 2016                                     SB 228
       
       
        
       By Senator Bean
       
       
       
       
       
       4-00341-16                                             2016228__
    1                        A bill to be entitled                      
    2         An act relating to the Self-Defense Protection Act;
    3         providing a short title; amending s. 775.087, F.S.;
    4         extending an exception to certain mandatory minimum
    5         sentences if a use or threatened use of force was
    6         justifiable under specified provisions to other cases,
    7         including those involving aggravated assault; revising
    8         required written findings; providing an effective
    9         date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. This act shall be cited as the “Self-Defense
   14  Protection Act.”
   15         Section 2. Subsection (6) of section 775.087, Florida
   16  Statutes, is amended, and subsections (2) and (3) of that
   17  section are republished, to read:
   18         775.087 Possession or use of weapon; aggravated battery;
   19  felony reclassification; minimum sentence.—
   20         (2)(a)1. Any person who is convicted of a felony or an
   21  attempt to commit a felony, regardless of whether the use of a
   22  weapon is an element of the felony, and the conviction was for:
   23         a. Murder;
   24         b. Sexual battery;
   25         c. Robbery;
   26         d. Burglary;
   27         e. Arson;
   28         f. Aggravated assault;
   29         g. Aggravated battery;
   30         h. Kidnapping;
   31         i. Escape;
   32         j. Aircraft piracy;
   33         k. Aggravated child abuse;
   34         l. Aggravated abuse of an elderly person or disabled adult;
   35         m. Unlawful throwing, placing, or discharging of a
   36  destructive device or bomb;
   37         n. Carjacking;
   38         o. Home-invasion robbery;
   39         p. Aggravated stalking;
   40         q. Trafficking in cannabis, trafficking in cocaine, capital
   41  importation of cocaine, trafficking in illegal drugs, capital
   42  importation of illegal drugs, trafficking in phencyclidine,
   43  capital importation of phencyclidine, trafficking in
   44  methaqualone, capital importation of methaqualone, trafficking
   45  in amphetamine, capital importation of amphetamine, trafficking
   46  in flunitrazepam, trafficking in gamma-hydroxybutyric acid
   47  (GHB), trafficking in 1,4-Butanediol, trafficking in
   48  Phenethylamines, or other violation of s. 893.135(1); or
   49         r. Possession of a firearm by a felon
   50  
   51  and during the commission of the offense, such person actually
   52  possessed a “firearm” or “destructive device” as those terms are
   53  defined in s. 790.001, shall be sentenced to a minimum term of
   54  imprisonment of 10 years, except that a person who is convicted
   55  for aggravated assault, possession of a firearm by a felon, or
   56  burglary of a conveyance shall be sentenced to a minimum term of
   57  imprisonment of 3 years if such person possessed a “firearm” or
   58  “destructive device” during the commission of the offense.
   59  However, if an offender who is convicted of the offense of
   60  possession of a firearm by a felon has a previous conviction of
   61  committing or attempting to commit a felony listed in s.
   62  775.084(1)(b)1. and actually possessed a firearm or destructive
   63  device during the commission of the prior felony, the offender
   64  shall be sentenced to a minimum term of imprisonment of 10
   65  years.
   66         2. Any person who is convicted of a felony or an attempt to
   67  commit a felony listed in sub-subparagraphs (a)1.a.-q.,
   68  regardless of whether the use of a weapon is an element of the
   69  felony, and during the course of the commission of the felony
   70  such person discharged a “firearm” or “destructive device” as
   71  defined in s. 790.001 shall be sentenced to a minimum term of
   72  imprisonment of 20 years.
   73         3. Any person who is convicted of a felony or an attempt to
   74  commit a felony listed in sub-subparagraphs (a)1.a.-q.,
   75  regardless of whether the use of a weapon is an element of the
   76  felony, and during the course of the commission of the felony
   77  such person discharged a “firearm” or “destructive device” as
   78  defined in s. 790.001 and, as the result of the discharge, death
   79  or great bodily harm was inflicted upon any person, the
   80  convicted person shall be sentenced to a minimum term of
   81  imprisonment of not less than 25 years and not more than a term
   82  of imprisonment of life in prison.
   83         (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
   84  (a)3. does not prevent a court from imposing a longer sentence
   85  of incarceration as authorized by law in addition to the minimum
   86  mandatory sentence, or from imposing a sentence of death
   87  pursuant to other applicable law. Subparagraph (a)1.,
   88  subparagraph (a)2., or subparagraph (a)3. does not authorize a
   89  court to impose a lesser sentence than otherwise required by
   90  law.
   91  
   92  Notwithstanding s. 948.01, adjudication of guilt or imposition
   93  of sentence shall not be suspended, deferred, or withheld, and
   94  the defendant is not eligible for statutory gain-time under s.
   95  944.275 or any form of discretionary early release, other than
   96  pardon or executive clemency, or conditional medical release
   97  under s. 947.149, prior to serving the minimum sentence.
   98         (c) If the minimum mandatory terms of imprisonment imposed
   99  pursuant to this section exceed the maximum sentences authorized
  100  by s. 775.082, s. 775.084, or the Criminal Punishment Code under
  101  chapter 921, then the mandatory minimum sentence must be
  102  imposed. If the mandatory minimum terms of imprisonment pursuant
  103  to this section are less than the sentences that could be
  104  imposed as authorized by s. 775.082, s. 775.084, or the Criminal
  105  Punishment Code under chapter 921, then the sentence imposed by
  106  the court must include the mandatory minimum term of
  107  imprisonment as required in this section.
  108         (d) It is the intent of the Legislature that offenders who
  109  actually possess, carry, display, use, threaten to use, or
  110  attempt to use firearms or destructive devices be punished to
  111  the fullest extent of the law, and the minimum terms of
  112  imprisonment imposed pursuant to this subsection shall be
  113  imposed for each qualifying felony count for which the person is
  114  convicted. The court shall impose any term of imprisonment
  115  provided for in this subsection consecutively to any other term
  116  of imprisonment imposed for any other felony offense.
  117         (3)(a)1. Any person who is convicted of a felony or an
  118  attempt to commit a felony, regardless of whether the use of a
  119  firearm is an element of the felony, and the conviction was for:
  120         a. Murder;
  121         b. Sexual battery;
  122         c. Robbery;
  123         d. Burglary;
  124         e. Arson;
  125         f. Aggravated assault;
  126         g. Aggravated battery;
  127         h. Kidnapping;
  128         i. Escape;
  129         j. Sale, manufacture, delivery, or intent to sell,
  130  manufacture, or deliver any controlled substance;
  131         k. Aircraft piracy;
  132         l. Aggravated child abuse;
  133         m. Aggravated abuse of an elderly person or disabled adult;
  134         n. Unlawful throwing, placing, or discharging of a
  135  destructive device or bomb;
  136         o. Carjacking;
  137         p. Home-invasion robbery;
  138         q. Aggravated stalking; or
  139         r. Trafficking in cannabis, trafficking in cocaine, capital
  140  importation of cocaine, trafficking in illegal drugs, capital
  141  importation of illegal drugs, trafficking in phencyclidine,
  142  capital importation of phencyclidine, trafficking in
  143  methaqualone, capital importation of methaqualone, trafficking
  144  in amphetamine, capital importation of amphetamine, trafficking
  145  in flunitrazepam, trafficking in gamma-hydroxybutyric acid
  146  (GHB), trafficking in 1,4-Butanediol, trafficking in
  147  Phenethylamines, or other violation of s. 893.135(1);
  148  
  149  and during the commission of the offense, such person possessed
  150  a semiautomatic firearm and its high-capacity detachable box
  151  magazine or a machine gun as defined in s. 790.001, shall be
  152  sentenced to a minimum term of imprisonment of 15 years.
  153         2. Any person who is convicted of a felony or an attempt to
  154  commit a felony listed in subparagraph (a)1., regardless of
  155  whether the use of a weapon is an element of the felony, and
  156  during the course of the commission of the felony such person
  157  discharged a semiautomatic firearm and its high-capacity box
  158  magazine or a “machine gun” as defined in s. 790.001 shall be
  159  sentenced to a minimum term of imprisonment of 20 years.
  160         3. Any person who is convicted of a felony or an attempt to
  161  commit a felony listed in subparagraph (a)1., regardless of
  162  whether the use of a weapon is an element of the felony, and
  163  during the course of the commission of the felony such person
  164  discharged a semiautomatic firearm and its high-capacity box
  165  magazine or a “machine gun” as defined in s. 790.001 and, as the
  166  result of the discharge, death or great bodily harm was
  167  inflicted upon any person, the convicted person shall be
  168  sentenced to a minimum term of imprisonment of not less than 25
  169  years and not more than a term of imprisonment of life in
  170  prison.
  171         (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
  172  (a)3. does not prevent a court from imposing a longer sentence
  173  of incarceration as authorized by law in addition to the minimum
  174  mandatory sentence, or from imposing a sentence of death
  175  pursuant to other applicable law. Subparagraph (a)1.,
  176  subparagraph (a)2., or subparagraph (a)3. does not authorize a
  177  court to impose a lesser sentence than otherwise required by
  178  law.
  179  
  180  Notwithstanding s. 948.01, adjudication of guilt or imposition
  181  of sentence shall not be suspended, deferred, or withheld, and
  182  the defendant is not eligible for statutory gain-time under s.
  183  944.275 or any form of discretionary early release, other than
  184  pardon or executive clemency, or conditional medical release
  185  under s. 947.149, prior to serving the minimum sentence.
  186         (c) If the minimum mandatory terms of imprisonment imposed
  187  pursuant to this section exceed the maximum sentences authorized
  188  by s. 775.082, s. 775.084, or the Criminal Punishment Code under
  189  chapter 921, then the mandatory minimum sentence must be
  190  imposed. If the mandatory minimum terms of imprisonment pursuant
  191  to this section are less than the sentences that could be
  192  imposed as authorized by s. 775.082, s. 775.084, or the Criminal
  193  Punishment Code under chapter 921, then the sentence imposed by
  194  the court must include the mandatory minimum term of
  195  imprisonment as required in this section.
  196         (d) It is the intent of the Legislature that offenders who
  197  possess, carry, display, use, threaten to use, or attempt to use
  198  a semiautomatic firearm and its high-capacity detachable box
  199  magazine or a machine gun as defined in s. 790.001 be punished
  200  to the fullest extent of the law, and the minimum terms of
  201  imprisonment imposed pursuant to this subsection shall be
  202  imposed for each qualifying felony count for which the person is
  203  convicted. The court shall impose any term of imprisonment
  204  provided for in this subsection consecutively to any other term
  205  of imprisonment imposed for any other felony offense.
  206         (e) As used in this subsection, the term:
  207         1. “High-capacity detachable box magazine” means any
  208  detachable box magazine, for use in a semiautomatic firearm,
  209  which is capable of being loaded with more than 20 centerfire
  210  cartridges.
  211         2. “Semiautomatic firearm” means a firearm which is capable
  212  of firing a series of rounds by separate successive depressions
  213  of the trigger and which uses the energy of discharge to perform
  214  a portion of the operating cycle.
  215         (6) Notwithstanding s. 27.366, the sentencing court shall
  216  not impose the mandatory minimum sentence required by subsection
  217  (2) or subsection (3) for a conviction for aggravated assault if
  218  the court makes written findings that:
  219         (a) The defendant had a good faith belief that the use or
  220  threatened use of force aggravated assault was justifiable
  221  pursuant to chapter 776.
  222         (b) The aggravated assault was not committed in the course
  223  of committing another criminal offense.
  224         (b)(c) The defendant does not pose a threat to public
  225  safety.
  226         (c)(d) The totality of the circumstances involved in the
  227  offense does do not justify the imposition of such sentence.
  228         Section 3. This act shall take effect July 1, 2016.