Bill Text: FL S1036 | 2024 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Reclassification of Criminal Penalties

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Passed) 2024-03-15 - Chapter No. 2024-8 [S1036 Detail]

Download: Florida-2024-S1036-Comm_Sub.html

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       Florida Senate - 2024                      CS for CS for SB 1036
       
       
        
       By the Committees on Fiscal Policy; and Criminal Justice; and
       Senator Ingoglia
       
       
       
       
       594-03838-24                                          20241036c2
    1                        A bill to be entitled                      
    2         An act relating to reclassification of criminal
    3         penalties; creating s. 775.0848, F.S.; requiring
    4         reclassification of the penalty for the commission of
    5         a felony committed by a person who has a previous
    6         specified conviction; creating s. 908.12, F.S.;
    7         defining the term “transnational crime organization”;
    8         authorizing reclassification of the penalty for any
    9         misdemeanor or felony offense if the commission of
   10         such offense was for specified purposes; providing an
   11         effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 775.0848, Florida Statutes, is created
   16  to read:
   17         775.0848 Commission of a felony after unlawful reentry into
   18  the United States; reclassification.—A person who has been
   19  previously convicted of a crime relating to the reentry of
   20  removed aliens under 8 U.S.C. s. 1326 shall have the penalty for
   21  committing a felony committed after such conviction reclassified
   22  in the following manner:
   23         (1) A felony of the third degree is reclassified to a
   24  felony of the second degree.
   25         (2) A felony of the second degree is reclassified to a
   26  felony of the first degree.
   27         (3) A felony of the first degree is reclassified to a life
   28  felony.
   29         Section 2. Section 908.12, Florida Statutes, is created to
   30  read:
   31         908.12 Transnational crime organizations;
   32  reclassification.—
   33         (1) As used in this section, the term “transnational crime
   34  organization” means an organization that routinely facilitates
   35  the international trafficking of drugs, humans, or weapons or
   36  the international smuggling of humans.
   37         (2) The penalty for any misdemeanor or felony may be
   38  reclassified if the commission of such misdemeanor or felony was
   39  for the purpose of benefiting, promoting, or furthering the
   40  interests of a transnational crime organization. The
   41  reclassification is as follows:
   42         (a) A misdemeanor of the second degree is reclassified to a
   43  misdemeanor of the first degree.
   44         (b) A misdemeanor of the first degree is reclassified to a
   45  felony of the third degree.
   46         (c) A felony of the third degree is reclassified to a
   47  felony of the second degree.
   48         (d) A felony of the second degree is reclassified to a
   49  felony of the first degree.
   50         (e) A felony of the first degree is reclassified to a life
   51  felony.
   52         Section 3. This act shall take effect October 1, 2024.