Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 384
       
       
       
       
       
       
                                Ì500304eÎ500304                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/13/2023           .                                
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       The Committee on Criminal Justice (Bradley) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 775.0823, Florida Statutes, is amended
    6  to read:
    7         775.0823 Violent offenses committed against specified
    8  justice system personnel law enforcement officers, correctional
    9  officers, state attorneys, assistant state attorneys, justices,
   10  or judges.—The Legislature does hereby provide for an increase
   11  and certainty of penalty for any person convicted of a violent
   12  offense against any law enforcement or correctional officer, as
   13  defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9);
   14  against any state attorney elected pursuant to s. 27.01 or
   15  assistant state attorney appointed under s. 27.181; against any
   16  public defender elected pursuant to s. 27.50 or regional counsel
   17  appointed pursuant to s. 27.511(3); against any court-appointed
   18  counsel appointed under s. 27.40 or defense attorney in a
   19  criminal proceeding; or against any justice or judge of a court
   20  described in Art. V of the State Constitution, which offense
   21  arises out of or in the scope of the officer’s duty as a law
   22  enforcement or correctional officer, the state attorney’s or
   23  assistant state attorney’s duty as a prosecutor or investigator,
   24  the public defender or regional counsel acting in his or her
   25  capacity as defense counsel, the court-appointed counsel or
   26  defense attorney in a criminal proceeding acting in his or her
   27  capacity as defense counsel, or the justice’s or judge’s duty as
   28  a judicial officer, as follows:
   29         (1) For murder in the first degree as described in s.
   30  782.04(1), if the death sentence is not imposed, a sentence of
   31  imprisonment for life without eligibility for release.
   32         (2) For attempted murder in the first degree as described
   33  in s. 782.04(1), a sentence pursuant to s. 775.082, s. 775.083,
   34  or s. 775.084.
   35         (3) For attempted felony murder as described in s. 782.051,
   36  a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
   37         (4) For murder in the second degree as described in s.
   38  782.04(2) and (3), a sentence pursuant to s. 775.082, s.
   39  775.083, or s. 775.084.
   40         (5) For attempted murder in the second degree as described
   41  in s. 782.04(2) and (3), a sentence pursuant to s. 775.082, s.
   42  775.083, or s. 775.084.
   43         (6) For murder in the third degree as described in s.
   44  782.04(4), a sentence pursuant to s. 775.082, s. 775.083, or s.
   45  775.084.
   46         (7) For attempted murder in the third degree as described
   47  in s. 782.04(4), a sentence pursuant to s. 775.082, s. 775.083,
   48  or s. 775.084.
   49         (8) For manslaughter as described in s. 782.07 during the
   50  commission of a crime, a sentence pursuant to s. 775.082, s.
   51  775.083, or s. 775.084.
   52         (9) For kidnapping as described in s. 787.01, a sentence
   53  pursuant to s. 775.082, s. 775.083, or s. 775.084.
   54         (10) For aggravated battery as described in s. 784.045, a
   55  sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
   56         (11) For aggravated assault as described in s. 784.021, a
   57  sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
   58  
   59  Notwithstanding the provisions of s. 948.01, with respect to any
   60  person who is found to have violated this section, adjudication
   61  of guilt or imposition of sentence shall not be suspended,
   62  deferred, or withheld.
   63         Section 2. Paragraph (b) of subsection (1) of section
   64  921.0024, Florida Statutes, is amended to read:
   65         921.0024 Criminal Punishment Code; worksheet computations;
   66  scoresheets.—
   67         (1)
   68         (b) WORKSHEET KEY:
   69  
   70  Legal status points are assessed when any form of legal status
   71  existed at the time the offender committed an offense before the
   72  court for sentencing. Four (4) sentence points are assessed for
   73  an offender’s legal status.
   74  
   75  Community sanction violation points are assessed when a
   76  community sanction violation is before the court for sentencing.
   77  Six (6) sentence points are assessed for each community sanction
   78  violation and each successive community sanction violation,
   79  unless any of the following apply:
   80         1. If the community sanction violation includes a new
   81  felony conviction before the sentencing court, twelve (12)
   82  community sanction violation points are assessed for the
   83  violation, and for each successive community sanction violation
   84  involving a new felony conviction.
   85         2. If the community sanction violation is committed by a
   86  violent felony offender of special concern as defined in s.
   87  948.06:
   88         a. Twelve (12) community sanction violation points are
   89  assessed for the violation and for each successive violation of
   90  felony probation or community control where:
   91         I. The violation does not include a new felony conviction;
   92  and
   93         II. The community sanction violation is not based solely on
   94  the probationer or offender’s failure to pay costs or fines or
   95  make restitution payments.
   96         b. Twenty-four (24) community sanction violation points are
   97  assessed for the violation and for each successive violation of
   98  felony probation or community control where the violation
   99  includes a new felony conviction.
  100  
  101  Multiple counts of community sanction violations before the
  102  sentencing court shall not be a basis for multiplying the
  103  assessment of community sanction violation points.
  104  
  105  Prior serious felony points: If the offender has a primary
  106  offense or any additional offense ranked in level 8, level 9, or
  107  level 10, and one or more prior serious felonies, a single
  108  assessment of thirty (30) points shall be added. For purposes of
  109  this section, a prior serious felony is an offense in the
  110  offender’s prior record that is ranked in level 8, level 9, or
  111  level 10 under s. 921.0022 or s. 921.0023 and for which the
  112  offender is serving a sentence of confinement, supervision, or
  113  other sanction or for which the offender’s date of release from
  114  confinement, supervision, or other sanction, whichever is later,
  115  is within 3 years before the date the primary offense or any
  116  additional offense was committed.
  117  
  118  Prior capital felony points: If the offender has one or more
  119  prior capital felonies in the offender’s criminal record, points
  120  shall be added to the subtotal sentence points of the offender
  121  equal to twice the number of points the offender receives for
  122  the primary offense and any additional offense. A prior capital
  123  felony in the offender’s criminal record is a previous capital
  124  felony offense for which the offender has entered a plea of nolo
  125  contendere or guilty or has been found guilty; or a felony in
  126  another jurisdiction which is a capital felony in that
  127  jurisdiction, or would be a capital felony if the offense were
  128  committed in this state.
  129  
  130  Possession of a firearm, semiautomatic firearm, or machine gun:
  131  If the offender is convicted of committing or attempting to
  132  commit any felony other than those enumerated in s. 775.087(2)
  133  while having in his or her possession: a firearm as defined in
  134  s. 790.001(6), an additional eighteen (18) sentence points are
  135  assessed; or if the offender is convicted of committing or
  136  attempting to commit any felony other than those enumerated in
  137  s. 775.087(3) while having in his or her possession a
  138  semiautomatic firearm as defined in s. 775.087(3) or a machine
  139  gun as defined in s. 790.001(9), an additional twenty-five (25)
  140  sentence points are assessed.
  141  
  142  Sentencing multipliers:
  143  
  144  Drug trafficking: If the primary offense is drug trafficking
  145  under s. 893.135, the subtotal sentence points are multiplied,
  146  at the discretion of the court, for a level 7 or level 8
  147  offense, by 1.5. The state attorney may move the sentencing
  148  court to reduce or suspend the sentence of a person convicted of
  149  a level 7 or level 8 offense, if the offender provides
  150  substantial assistance as described in s. 893.135(4).
  151  
  152  Violent offenses committed against specified justice system
  153  personnel Law enforcement protection: If the primary offense is
  154  a violation of the Law Enforcement Protection Act under s.
  155  775.0823(2), (3), or (4), the subtotal sentence points are
  156  multiplied by 2.5. If the primary offense is a violation of s.
  157  775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
  158  are multiplied by 2.0. If the primary offense is a violation of
  159  s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
  160  Protection Act under s. 775.0823(10) or (11), the subtotal
  161  sentence points are multiplied by 1.5.
  162  
  163  Grand theft of a motor vehicle: If the primary offense is grand
  164  theft of the third degree involving a motor vehicle and in the
  165  offender’s prior record, there are three or more grand thefts of
  166  the third degree involving a motor vehicle, the subtotal
  167  sentence points are multiplied by 1.5.
  168  
  169  Offense related to a criminal gang: If the offender is convicted
  170  of the primary offense and committed that offense for the
  171  purpose of benefiting, promoting, or furthering the interests of
  172  a criminal gang as defined in s. 874.03, the subtotal sentence
  173  points are multiplied by 1.5. If applying the multiplier results
  174  in the lowest permissible sentence exceeding the statutory
  175  maximum sentence for the primary offense under chapter 775, the
  176  court may not apply the multiplier and must sentence the
  177  defendant to the statutory maximum sentence.
  178  
  179  Domestic violence in the presence of a child: If the offender is
  180  convicted of the primary offense and the primary offense is a
  181  crime of domestic violence, as defined in s. 741.28, which was
  182  committed in the presence of a child under 16 years of age who
  183  is a family or household member as defined in s. 741.28(3) with
  184  the victim or perpetrator, the subtotal sentence points are
  185  multiplied by 1.5.
  186  
  187  Adult-on-minor sex offense: If the offender was 18 years of age
  188  or older and the victim was younger than 18 years of age at the
  189  time the offender committed the primary offense, and if the
  190  primary offense was an offense committed on or after October 1,
  191  2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the
  192  violation involved a victim who was a minor and, in the course
  193  of committing that violation, the defendant committed a sexual
  194  battery under chapter 794 or a lewd act under s. 800.04 or s.
  195  847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s.
  196  787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
  197  800.04; or s. 847.0135(5), the subtotal sentence points are
  198  multiplied by 2.0. If applying the multiplier results in the
  199  lowest permissible sentence exceeding the statutory maximum
  200  sentence for the primary offense under chapter 775, the court
  201  may not apply the multiplier and must sentence the defendant to
  202  the statutory maximum sentence.
  203         Section 3. Subsection (3) of section 947.146, Florida
  204  Statutes, is amended to read:
  205         947.146 Control Release Authority.—
  206         (3) Within 120 days prior to the date the state
  207  correctional system is projected pursuant to s. 216.136 to
  208  exceed 99 percent of total capacity, the authority shall
  209  determine eligibility for and establish a control release date
  210  for an appropriate number of parole ineligible inmates committed
  211  to the department and incarcerated within the state who have
  212  been determined by the authority to be eligible for
  213  discretionary early release pursuant to this section. In
  214  establishing control release dates, it is the intent of the
  215  Legislature that the authority prioritize consideration of
  216  eligible inmates closest to their tentative release date. The
  217  authority shall rely upon commitment data on the offender
  218  information system maintained by the department to initially
  219  identify inmates who are to be reviewed for control release
  220  consideration. The authority may use a method of objective risk
  221  assessment in determining if an eligible inmate should be
  222  released. Such assessment shall be a part of the department’s
  223  management information system. However, the authority shall have
  224  sole responsibility for determining control release eligibility,
  225  establishing a control release date, and effectuating the
  226  release of a sufficient number of inmates to maintain the inmate
  227  population between 99 percent and 100 percent of total capacity.
  228  Inmates who are ineligible for control release are inmates who
  229  are parole eligible or inmates who:
  230         (a) Are serving a sentence that includes a mandatory
  231  minimum provision for a capital offense or drug trafficking
  232  offense and have not served the number of days equal to the
  233  mandatory minimum term less any jail-time credit awarded by the
  234  court;
  235         (b) Are serving the mandatory minimum portion of a sentence
  236  enhanced under s. 775.087(2) or (3), or s. 784.07(3);
  237         (c) Are convicted, or have been previously convicted, of
  238  committing or attempting to commit sexual battery, incest, or
  239  any of the following lewd or indecent assaults or acts:
  240  masturbating in public; exposing the sexual organs in a
  241  perverted manner; or nonconsensual handling or fondling of the
  242  sexual organs of another person;
  243         (d) Are convicted, or have been previously convicted, of
  244  committing or attempting to commit assault, aggravated assault,
  245  battery, or aggravated battery, and a sex act was attempted or
  246  completed during commission of such offense;
  247         (e) Are convicted, or have been previously convicted, of
  248  committing or attempting to commit kidnapping, burglary, or
  249  murder, and the offense was committed with the intent to commit
  250  sexual battery or a sex act was attempted or completed during
  251  commission of the offense;
  252         (f) Are convicted, or have been previously convicted, of
  253  committing or attempting to commit false imprisonment upon a
  254  child under the age of 13 and, in the course of committing the
  255  offense, the inmate committed aggravated child abuse, sexual
  256  battery against the child, or a lewd or lascivious offense
  257  committed upon or in the presence of a person less than 16 years
  258  of age;
  259         (g) Are sentenced, have previously been sentenced, or have
  260  been sentenced at any time under s. 775.084, or have been
  261  sentenced at any time in another jurisdiction as a habitual
  262  offender;
  263         (h) Are convicted, or have been previously convicted, of
  264  committing or attempting to commit assault, aggravated assault,
  265  battery, aggravated battery, kidnapping, manslaughter, or murder
  266  against an officer as defined in s. 943.10(1), (2), (3), (6),
  267  (7), (8), or (9); against a state attorney or assistant state
  268  attorney; or against a justice or judge of a court described in
  269  Art. V of the State Constitution; or against an officer, judge,
  270  or state attorney employed in a comparable position by any other
  271  jurisdiction; or
  272         (i) Are convicted, or have been previously convicted, of
  273  committing or attempting to commit murder in the first, second,
  274  or third degree under s. 782.04(1), (2), (3), or (4), or have
  275  ever been convicted of any degree of murder or attempted murder
  276  in another jurisdiction;
  277         (j) Are convicted, or have been previously convicted, of
  278  DUI manslaughter under s. 316.193(3)(c)3., and are sentenced, or
  279  have been sentenced at any time, as a habitual offender for such
  280  offense, or have been sentenced at any time in another
  281  jurisdiction as a habitual offender for such offense;
  282         (k)1. Are serving a sentence for an offense committed on or
  283  after January 1, 1994, for a violation of the Law Enforcement
  284  Protection Act under s. 775.0823(2), (3), (4), (5), or (6), and
  285  the subtotal of the offender’s sentence points is multiplied
  286  pursuant to former s. 921.0014 or s. 921.0024;
  287         2. Are serving a sentence for an offense committed on or
  288  after October 1, 1995, for a violation of the Law Enforcement
  289  Protection Act under s. 775.0823(2), (3), (4), (5), (6), (7),
  290  (8), or (9), and the subtotal of the offender’s sentence points
  291  is multiplied pursuant to former s. 921.0014 or s. 921.0024;
  292         (l) Are serving a sentence for an offense committed on or
  293  after January 1, 1994, for possession of a firearm,
  294  semiautomatic firearm, or machine gun in which additional points
  295  are added to the subtotal of the offender’s sentence points
  296  pursuant to former s. 921.0014 or s. 921.0024; or
  297         (m) Are convicted, or have been previously convicted, of
  298  committing or attempting to commit manslaughter, kidnapping,
  299  robbery, carjacking, home-invasion robbery, or a burglary under
  300  s. 810.02(2).
  301  
  302  In making control release eligibility determinations under this
  303  subsection, the authority may rely on any document leading to or
  304  generated during the course of the criminal proceedings,
  305  including, but not limited to, any presentence or postsentence
  306  investigation or any information contained in arrest reports
  307  relating to circumstances of the offense.
  308         Section 4. This act shall take effect July 1, 2023.
  309  
  310  ================= T I T L E  A M E N D M E N T ================
  311  And the title is amended as follows:
  312         Delete everything before the enacting clause
  313  and insert:
  314                        A bill to be entitled                      
  315         An act relating to violent offenses committed against
  316         criminal defense attorneys; amending s. 775.0823,
  317         F.S.; providing for the reclassification of specified
  318         offenses committed against criminal defense attorneys;
  319         amending ss. 921.0024 and 947.146, F.S.; conforming
  320         provisions to changes made by the act; providing an
  321         effective date.