Florida Senate - 2024                             CS for SB 1036
       
       
        
       By the Committee on Criminal Justice; and Senator Ingoglia
       
       
       
       
       
       591-02642-24                                          20241036c1
    1                        A bill to be entitled                      
    2         An act relating to reclassification of criminal
    3         penalties; creating s. 775.0848, F.S.; defining the
    4         term “removal”; requiring reclassification of the
    5         penalty for the commission of a new felony committed
    6         by a person who unlawfully reenters the United States,
    7         and while remaining unlawfully present, after having
    8         been deported or removed from the United States under
    9         federal immigration proceedings for committing a
   10         felony, or who has departed the United States while
   11         such an order of deportation or removal was
   12         outstanding; creating s. 908.12, F.S.; defining the
   13         term “transnational crime organization”; authorizing
   14         reclassification of the penalty for any misdemeanor or
   15         felony offense if the commission of such offense was
   16         for specified purposes; providing an effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Section 775.0848, Florida Statutes, is created
   21  to read:
   22         775.0848 Commission of a felony after unlawful reentry into
   23  the United States; reclassification.—
   24         (1) As used in this section, the term “removal” includes
   25  any agreement in which a person stipulates to removal during a
   26  criminal proceeding under federal or state law.
   27         (2) A person who has been deported or removed from the
   28  United States under federal immigration proceedings for
   29  committing a felony, or has departed the United States while
   30  such an order of deportation or removal is outstanding, shall
   31  have the penalty for committing a new felony after unlawfully
   32  reentering the United States, and while remaining unlawfully
   33  present, reclassified in the following manner:
   34         (a) A felony of the third degree is reclassified to a
   35  felony of the second degree.
   36         (b) A felony of the second degree is reclassified to a
   37  felony of the first degree.
   38         (c) A felony of the first degree is reclassified to a life
   39  felony.
   40         Section 2. Section 908.12, Florida Statutes, is created to
   41  read:
   42         908.12 Transnational crime organizations;
   43  reclassification.—
   44         (1) As used in this section, the term “transnational crime
   45  organization” means an organization that routinely facilitates
   46  the international trafficking of drugs, humans, or weapons or
   47  the international smuggling of humans.
   48         (2) The penalty for any misdemeanor or felony may be
   49  reclassified if the commission of such misdemeanor or felony was
   50  for the purpose of benefiting, promoting, or furthering the
   51  interests of a transnational crime organization. The
   52  reclassification is as follows:
   53         (a) A misdemeanor of the second degree is reclassified to a
   54  misdemeanor of the first degree.
   55         (b) A misdemeanor of the first degree is reclassified to a
   56  felony of the third degree.
   57         (c) A felony of the third degree is reclassified to a
   58  felony of the second degree.
   59         (d) A felony of the second degree is reclassified to a
   60  felony of the first degree.
   61         (e) A felony of the first degree is reclassified to a life
   62  felony.
   63         Section 3. This act shall take effect October 1, 2024.