Bill Text: FL S0872 | 2012 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Murder
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-03-02 - Laid on Table, refer to CS/CS/HB 667 [S0872 Detail]
Download: Florida-2012-S0872-Introduced.html
Bill Title: Murder
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-03-02 - Laid on Table, refer to CS/CS/HB 667 [S0872 Detail]
Download: Florida-2012-S0872-Introduced.html
Florida Senate - 2012 SB 872
By Senator Fasano
11-00671-12 2012872__
1 A bill to be entitled
2 An act relating to murder; amending s. 782.04, F.S.;
3 providing that the unlawful killing of a human being
4 when committed by a person engaged in the perpetration
5 of, or in the attempt to perpetrate, the offense of
6 aggravated fleeing or eluding, is murder of a
7 specified degree, dependent upon certain
8 circumstances; amending s. 921.0022, F.S.; revising
9 provisions of the offense severity ranking chart of
10 the Criminal Punishment Code to conform to changes
11 made by the act; reenacting ss. 775.0823, 782.051,
12 782.065, and 947.146(3), F.S., relating to violent
13 offenses committed against law enforcement officers
14 and others, attempted felony murder, murder of a law
15 enforcement officer, and the Control Release
16 Authority, respectively, to incorporate the amendments
17 made to s. 782.04, F.S., in references thereto;
18 providing an effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Section 782.04, Florida Statutes, is amended to
23 read:
24 782.04 Murder.—
25 (1)(a) The unlawful killing of a human being:
26 1. When perpetrated from a premeditated design to effect
27 the death of the person killed or any human being;
28 2. When committed by a person engaged in the perpetration
29 of, or in the attempt to perpetrate, any:
30 a. Trafficking offense prohibited by s. 893.135(1),
31 b. Arson,
32 c. Sexual battery,
33 d. Robbery,
34 e. Burglary,
35 f. Kidnapping,
36 g. Escape,
37 h. Aggravated child abuse,
38 i. Aggravated abuse of an elderly person or disabled adult,
39 j. Aircraft piracy,
40 k. Unlawful throwing, placing, or discharging of a
41 destructive device or bomb,
42 l. Carjacking,
43 m. Home-invasion robbery,
44 n. Aggravated stalking,
45 o. Murder of another human being,
46 p. Resisting an officer with violence to his or her person,
47 q. Aggravated fleeing or eluding,
48 r.q. Felony that is an act of terrorism or is in
49 furtherance of an act of terrorism; or
50 3. Which resulted from the unlawful distribution of any
51 substance controlled under s. 893.03(1), cocaine as described in
52 s. 893.03(2)(a)4., opium or any synthetic or natural salt,
53 compound, derivative, or preparation of opium, or methadone by a
54 person 18 years of age or older, when such drug is proven to be
55 the proximate cause of the death of the user,
56
57 is murder in the first degree and constitutes a capital felony,
58 punishable as provided in s. 775.082.
59 (b) In all cases under this section, the procedure set
60 forth in s. 921.141 shall be followed in order to determine
61 sentence of death or life imprisonment.
62 (2) The unlawful killing of a human being, when perpetrated
63 by any act imminently dangerous to another and evincing a
64 depraved mind regardless of human life, although without any
65 premeditated design to effect the death of any particular
66 individual, is murder in the second degree and constitutes a
67 felony of the first degree, punishable by imprisonment for a
68 term of years not exceeding life or as provided in s. 775.082,
69 s. 775.083, or s. 775.084.
70 (3) When a human being person is killed during in the
71 perpetration of, or during in the attempt to perpetrate, any:
72 (a) Trafficking offense prohibited by s. 893.135(1),
73 (b) Arson,
74 (c) Sexual battery,
75 (d) Robbery,
76 (e) Burglary,
77 (f) Kidnapping,
78 (g) Escape,
79 (h) Aggravated child abuse,
80 (i) Aggravated abuse of an elderly person or disabled
81 adult,
82 (j) Aircraft piracy,
83 (k) Unlawful throwing, placing, or discharging of a
84 destructive device or bomb,
85 (l) Carjacking,
86 (m) Home-invasion robbery,
87 (n) Aggravated stalking,
88 (o) Murder of another human being,
89 (p) Aggravated fleeing or eluding,
90 (q)(p) Resisting an officer with violence to his or her
91 person, or
92 (r)(q) Felony that is an act of terrorism or is in
93 furtherance of an act of terrorism,
94
95 by a person other than the person engaged in the perpetration of
96 or in the attempt to perpetrate such felony, the person
97 perpetrating or attempting to perpetrate such felony is guilty
98 of murder in the second degree, which constitutes a felony of
99 the first degree, punishable by imprisonment for a term of years
100 not exceeding life or as provided in s. 775.082, s. 775.083, or
101 s. 775.084.
102 (4) The unlawful killing of a human being, when perpetrated
103 without any design to effect death, by a person engaged in the
104 perpetration of, or in the attempt to perpetrate, any felony
105 other than any:
106 (a) Trafficking offense prohibited by s. 893.135(1),
107 (b) Arson,
108 (c) Sexual battery,
109 (d) Robbery,
110 (e) Burglary,
111 (f) Kidnapping,
112 (g) Escape,
113 (h) Aggravated child abuse,
114 (i) Aggravated abuse of an elderly person or disabled
115 adult,
116 (j) Aircraft piracy,
117 (k) Unlawful throwing, placing, or discharging of a
118 destructive device or bomb,
119 (l) Unlawful distribution of any substance controlled under
120 s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or
121 opium or any synthetic or natural salt, compound, derivative, or
122 preparation of opium by a person 18 years of age or older, when
123 such drug is proven to be the proximate cause of the death of
124 the user,
125 (m) Carjacking,
126 (n) Home-invasion robbery,
127 (o) Aggravated stalking,
128 (p) Murder of another human being,
129 (q) Aggravated fleeing or eluding,
130 (r)(q) Resisting an officer with violence to his or her
131 person, or
132 (s)(r) Felony that is an act of terrorism or is in
133 furtherance of an act of terrorism,
134
135 is murder in the third degree and constitutes a felony of the
136 second degree, punishable as provided in s. 775.082, s. 775.083,
137 or s. 775.084.
138 (5) As used in this section, the term “terrorism” means an
139 activity that:
140 (a)1. Involves a violent act or an act dangerous to human
141 life which is a violation of the criminal laws of this state or
142 of the United States; or
143 2. Involves a violation of s. 815.06; and
144 (b) Is intended to:
145 1. Intimidate, injure, or coerce a civilian population;
146 2. Influence the policy of a government by intimidation or
147 coercion; or
148 3. Affect the conduct of government through destruction of
149 property, assassination, murder, kidnapping, or aircraft piracy.
150 Section 2. Paragraphs (h) and (i) of subsection (3) of
151 section 921.0022, Florida Statutes, are amended to read:
152 921.0022 Criminal Punishment Code; offense severity ranking
153 chart.—
154 (3) OFFENSE SEVERITY RANKING CHART
155 (h) LEVEL 8
156 FloridaStatute FelonyDegree Description
157 316.193 (3)(c)3.a. 2nd DUI manslaughter.
158 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
159 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
160 499.0051(7) 1st Knowing trafficking in contraband prescription drugs.
161 499.0051(8) 1st Knowing forgery of prescription labels or prescription drug labels.
162 560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
163 560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
164 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
165 777.03(2)(a) 1st Accessory after the fact, capital felony.
166 782.04(4) 2nd Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aggravated fleeing or eluding, aircraft piracy, or unlawfully discharging bomb.
167 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
168 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
169 782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
170 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
171 794.011(5) 2nd Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
172 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
173 800.04(4) 2nd Lewd or lascivious battery.
174 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
175 810.02(2)(a) 1st,PBL Burglary with assault or battery.
176 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
177 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
178 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
179 812.13(2)(b) 1st Robbery with a weapon.
180 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
181 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
182 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult.
183 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
184 825.103(2)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
185 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
186 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
187 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
188 860.16 1st Aircraft piracy.
189 893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
190 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
191 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
192 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
193 893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
194 893.135 (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
195 893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
196 893.135 (1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
197 893.135 (1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
198 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
199 893.135 (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
200 893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
201 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
202 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there.
203 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
204 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
205 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
206 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
207 896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
208 (i) LEVEL 9
209 FloridaStatute FelonyDegree Description
210 316.193 (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
211 327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
212 409.920 (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
213 499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
214 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
215 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
216 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
217 775.0844 1st Aggravated white collar crime.
218 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
219 782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, aggravated fleeing or eluding, and other specified felonies.
220 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
221 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
222 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
223 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
224 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
225 787.02(3)(a) 1st False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
226 790.161 1st Attempted capital destructive device offense.
227 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
228 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
229 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
230 794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
231 794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
232 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
233 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
234 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
235 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
236 812.135(2)(b) 1st Home-invasion robbery with weapon.
237 817.568(7) 2nd,PBL Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
238 827.03(2) 1st Aggravated child abuse.
239 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
240 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
241 859.01 1st Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
242 893.135 1st Attempted capital trafficking offense.
243 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
244 893.135 (1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
245 893.135 (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
246 893.135 (1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
247 893.135 (1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
248 893.135 (1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
249 893.135 (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
250 893.135 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
251 893.135 (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
252 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
253 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
254 Section 3. For the purpose of incorporating the amendment
255 made by this act to section 782.04, Florida Statutes, in a
256 reference thereto, section 775.0823, Florida Statutes, is
257 reenacted to read:
258 775.0823 Violent offenses committed against law enforcement
259 officers, correctional officers, state attorneys, assistant
260 state attorneys, justices, or judges.—The Legislature does
261 hereby provide for an increase and certainty of penalty for any
262 person convicted of a violent offense against any law
263 enforcement or correctional officer, as defined in s. 943.10(1),
264 (2), (3), (6), (7), (8), or (9); against any state attorney
265 elected pursuant to s. 27.01 or assistant state attorney
266 appointed under s. 27.181; or against any justice or judge of a
267 court described in Art. V of the State Constitution, which
268 offense arises out of or in the scope of the officer’s duty as a
269 law enforcement or correctional officer, the state attorney’s or
270 assistant state attorney’s duty as a prosecutor or investigator,
271 or the justice’s or judge’s duty as a judicial officer, as
272 follows:
273 (1) For murder in the first degree as described in s.
274 782.04(1), if the death sentence is not imposed, a sentence of
275 imprisonment for life without eligibility for release.
276 (2) For attempted murder in the first degree as described
277 in s. 782.04(1), a sentence pursuant to s. 775.082, s. 775.083,
278 or s. 775.084.
279 (3) For attempted felony murder as described in s. 782.051,
280 a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
281 (4) For murder in the second degree as described in s.
282 782.04(2) and (3), a sentence pursuant to s. 775.082, s.
283 775.083, or s. 775.084.
284 (5) For attempted murder in the second degree as described
285 in s. 782.04(2) and (3), a sentence pursuant to s. 775.082, s.
286 775.083, or s. 775.084.
287 (6) For murder in the third degree as described in s.
288 782.04(4), a sentence pursuant to s. 775.082, s. 775.083, or s.
289 775.084.
290 (7) For attempted murder in the third degree as described
291 in s. 782.04(4), a sentence pursuant to s. 775.082, s. 775.083,
292 or s. 775.084.
293 (8) For manslaughter as described in s. 782.07 during the
294 commission of a crime, a sentence pursuant to s. 775.082, s.
295 775.083, or s. 775.084.
296 (9) For kidnapping as described in s. 787.01, a sentence
297 pursuant to s. 775.082, s. 775.083, or s. 775.084.
298 (10) For aggravated battery as described in s. 784.045, a
299 sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
300 (11) For aggravated assault as described in s. 784.021, a
301 sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
302
303 Notwithstanding the provisions of s. 948.01, with respect to any
304 person who is found to have violated this section, adjudication
305 of guilt or imposition of sentence shall not be suspended,
306 deferred, or withheld.
307 Section 4. For the purpose of incorporating the amendment
308 made by this act to section 782.04, Florida Statutes, in a
309 reference thereto, section 782.051, Florida Statutes, is
310 reenacted to read:
311 782.051 Attempted felony murder.—
312 (1) Any person who perpetrates or attempts to perpetrate
313 any felony enumerated in s. 782.04(3) and who commits, aids, or
314 abets an intentional act that is not an essential element of the
315 felony and that could, but does not, cause the death of another
316 commits a felony of the first degree, punishable by imprisonment
317 for a term of years not exceeding life, or as provided in s.
318 775.082, s. 775.083, or s. 775.084, which is an offense ranked
319 in level 9 of the Criminal Punishment Code. Victim injury points
320 shall be scored under this subsection.
321 (2) Any person who perpetrates or attempts to perpetrate
322 any felony other than a felony enumerated in s. 782.04(3) and
323 who commits, aids, or abets an intentional act that is not an
324 essential element of the felony and that could, but does not,
325 cause the death of another commits a felony of the first degree,
326 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
327 which is an offense ranked in level 8 of the Criminal Punishment
328 Code. Victim injury points shall be scored under this
329 subsection.
330 (3) When a person is injured during the perpetration of or
331 the attempt to perpetrate any felony enumerated in s. 782.04(3)
332 by a person other than the person engaged in the perpetration of
333 or the attempt to perpetrate such felony, the person
334 perpetrating or attempting to perpetrate such felony commits a
335 felony of the second degree, punishable as provided in s.
336 775.082, s. 775.083, or s. 775.084, which is an offense ranked
337 in level 7 of the Criminal Punishment Code. Victim injury points
338 shall be scored under this subsection.
339 Section 5. For the purpose of incorporating the amendment
340 made by this act to section 782.04, Florida Statutes, in a
341 reference thereto, section 782.065, Florida Statutes, is
342 reenacted to read:
343 782.065 Murder; law enforcement officer.—Notwithstanding
344 ss. 775.082, 775.0823, 782.04, 782.051, and chapter 921, a
345 defendant shall be sentenced to life imprisonment without
346 eligibility for release upon findings by the trier of fact that,
347 beyond a reasonable doubt:
348 (1) The defendant committed murder in the first degree in
349 violation of s. 782.04(1) and a death sentence was not imposed;
350 murder in the second or third degree in violation of s.
351 782.04(2), (3), or (4); attempted murder in the first or second
352 degree in violation of s. 782.04(1)(a)1. or (2); or attempted
353 felony murder in violation of s. 782.051; and
354 (2) The victim of any offense described in subsection (1)
355 was a law enforcement officer, part-time law enforcement
356 officer, or auxiliary law enforcement officer, as those terms
357 are defined in s. 943.10, engaged in the lawful performance of a
358 legal duty.
359 Section 6. For the purpose of incorporating the amendment
360 made by this act to section 782.04, Florida Statutes, in a
361 reference thereto, subsection (3) of section 947.146, Florida
362 Statutes, is reenacted to read:
363 947.146 Control Release Authority.—
364 (3) Within 120 days prior to the date the state
365 correctional system is projected pursuant to s. 216.136 to
366 exceed 99 percent of total capacity, the authority shall
367 determine eligibility for and establish a control release date
368 for an appropriate number of parole ineligible inmates committed
369 to the department and incarcerated within the state who have
370 been determined by the authority to be eligible for
371 discretionary early release pursuant to this section. In
372 establishing control release dates, it is the intent of the
373 Legislature that the authority prioritize consideration of
374 eligible inmates closest to their tentative release date. The
375 authority shall rely upon commitment data on the offender
376 information system maintained by the department to initially
377 identify inmates who are to be reviewed for control release
378 consideration. The authority may use a method of objective risk
379 assessment in determining if an eligible inmate should be
380 released. Such assessment shall be a part of the department’s
381 management information system. However, the authority shall have
382 sole responsibility for determining control release eligibility,
383 establishing a control release date, and effectuating the
384 release of a sufficient number of inmates to maintain the inmate
385 population between 99 percent and 100 percent of total capacity.
386 Inmates who are ineligible for control release are inmates who
387 are parole eligible or inmates who:
388 (a) Are serving a sentence that includes a mandatory
389 minimum provision for a capital offense or drug trafficking
390 offense and have not served the number of days equal to the
391 mandatory minimum term less any jail-time credit awarded by the
392 court;
393 (b) Are serving the mandatory minimum portion of a sentence
394 enhanced under s. 775.087(2) or (3), or s. 784.07(3);
395 (c) Are convicted, or have been previously convicted, of
396 committing or attempting to commit sexual battery, incest, or
397 any of the following lewd or indecent assaults or acts:
398 masturbating in public; exposing the sexual organs in a
399 perverted manner; or nonconsensual handling or fondling of the
400 sexual organs of another person;
401 (d) Are convicted, or have been previously convicted, of
402 committing or attempting to commit assault, aggravated assault,
403 battery, or aggravated battery, and a sex act was attempted or
404 completed during commission of such offense;
405 (e) Are convicted, or have been previously convicted, of
406 committing or attempting to commit kidnapping, burglary, or
407 murder, and the offense was committed with the intent to commit
408 sexual battery or a sex act was attempted or completed during
409 commission of the offense;
410 (f) Are convicted, or have been previously convicted, of
411 committing or attempting to commit false imprisonment upon a
412 child under the age of 13 and, in the course of committing the
413 offense, the inmate committed aggravated child abuse, sexual
414 battery against the child, or a lewd or lascivious offense
415 committed upon or in the presence of a person less than 16 years
416 of age;
417 (g) Are sentenced, have previously been sentenced, or have
418 been sentenced at any time under s. 775.084, or have been
419 sentenced at any time in another jurisdiction as a habitual
420 offender;
421 (h) Are convicted, or have been previously convicted, of
422 committing or attempting to commit assault, aggravated assault,
423 battery, aggravated battery, kidnapping, manslaughter, or murder
424 against an officer as defined in s. 943.10(1), (2), (3), (6),
425 (7), (8), or (9); against a state attorney or assistant state
426 attorney; or against a justice or judge of a court described in
427 Art. V of the State Constitution; or against an officer, judge,
428 or state attorney employed in a comparable position by any other
429 jurisdiction; or
430 (i) Are convicted, or have been previously convicted, of
431 committing or attempting to commit murder in the first, second,
432 or third degree under s. 782.04(1), (2), (3), or (4), or have
433 ever been convicted of any degree of murder or attempted murder
434 in another jurisdiction;
435 (j) Are convicted, or have been previously convicted, of
436 DUI manslaughter under s. 316.193(3)(c)3., and are sentenced, or
437 have been sentenced at any time, as a habitual offender for such
438 offense, or have been sentenced at any time in another
439 jurisdiction as a habitual offender for such offense;
440 (k)1. Are serving a sentence for an offense committed on or
441 after January 1, 1994, for a violation of the Law Enforcement
442 Protection Act under s. 775.0823(2), (3), (4), (5), or (6), and
443 the subtotal of the offender’s sentence points is multiplied
444 pursuant to former s. 921.0014 or s. 921.0024;
445 2. Are serving a sentence for an offense committed on or
446 after October 1, 1995, for a violation of the Law Enforcement
447 Protection Act under s. 775.0823(2), (3), (4), (5), (6), (7),
448 (8), or (9), and the subtotal of the offender’s sentence points
449 is multiplied pursuant to former s. 921.0014 or s. 921.0024;
450 (l) Are serving a sentence for an offense committed on or
451 after January 1, 1994, for possession of a firearm,
452 semiautomatic firearm, or machine gun in which additional points
453 are added to the subtotal of the offender’s sentence points
454 pursuant to former s. 921.0014 or s. 921.0024; or
455 (m) Are convicted, or have been previously convicted, of
456 committing or attempting to commit manslaughter, kidnapping,
457 robbery, carjacking, home-invasion robbery, or a burglary under
458 s. 810.02(2).
459
460 In making control release eligibility determinations under this
461 subsection, the authority may rely on any document leading to or
462 generated during the course of the criminal proceedings,
463 including, but not limited to, any presentence or postsentence
464 investigation or any information contained in arrest reports
465 relating to circumstances of the offense.
466 Section 7. This act shall take effect October 1, 2012.
