Bill Text: FL H1005 | 2011 | Regular Session | Comm Sub

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Bill Title: Murder of a Child 17 Years Of Age or Younger

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H1005 Detail]

Download: Florida-2011-H1005-Comm_Sub.html

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CS/HB 1005

1	A bill to be entitled
2	An act relating to murder of a child 17 years of age or
3	younger; creating s. 782.066, F.S.; reclassifying
4	specified murder offenses if committed upon a child 17
5	years of age or younger; prohibiting a court from
6	suspending, deferring, or withholding adjudication of
7	guilt or imposition of sentence; providing an effective
8	date.
9
10	Be It Enacted by the Legislature of the State of Florida:
11
12	Section 1.  Section 782.066, Florida Statutes, is created
13	to read:
14	782.066  Murder; child 17 years of age or younger.-
15	(1)  Whenever a person is charged with committing a
16	violation of s. 782.04, other than s. 782.04(1), upon a child 17
17	years of age or younger, the offense for which the person is
18	charged shall be reclassified as follows, regardless of whether
19	he or she had a reason to know the age of the victim:
20	(a)  In the case of a violation of s. 782.04(2), from a
21	felony of the first degree to a capital felony, punishable as
22	provided in s. 775.082.
23	(b)  In the case of a violation of s. 782.04(4), from a
24	felony of the second degree to a felony of the first degree.
25	(2)  Notwithstanding s. 948.01, a court may not suspend,
26	defer, or withhold adjudication of guilt or imposition of
27	sentence for any violation of this section.
28	Section 2.  This act shall take effect October 1, 2011.

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