Bill Text: FL S1584 | 2017 | Regular Session | Introduced

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Bill Title: Reclassification of Offenses Involving Certain Firearms or Additional Firearm Magazines

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2017-05-05 - Died in Criminal Justice [S1584 Detail]

Download: Florida-2017-S1584-Introduced.html

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       Florida Senate - 2017                                    SB 1584
       
       
        
       By Senator Thurston
       
       
       
       
       
       33-01377A-17                                          20171584__
    1                        A bill to be entitled                      
    2         An act relating to reclassification of offenses
    3         involving certain firearms or additional firearm
    4         magazines; amending s. 775.087, F.S.; providing for
    5         the reclassification of offenses committed while in
    6         possession of a weapon or firearm capable of holding
    7         more than 10 rounds of ammunition or while in
    8         possession of a firearm and more than one magazine for
    9         such firearm; reenacting s. 921.0022(2), F.S.,
   10         relating to the Criminal Punishment Code and offense
   11         severity ranking chart, to incorporate the amendment
   12         made to s. 775.087, F.S., in a reference thereto;
   13         providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsection (1) of section 775.087, Florida
   18  Statutes, is amended to read:
   19         775.087 Possession or use of weapon; aggravated battery;
   20  felony reclassification; minimum sentence.—
   21         (1)(a) Unless otherwise provided by law, whenever a person
   22  is charged with a felony, except a felony in which the use of a
   23  weapon or firearm is an essential element, and during the
   24  commission of such felony the defendant carries, displays, uses,
   25  threatens to use, or attempts to use any weapon or firearm, or
   26  during the commission of such felony the defendant commits an
   27  aggravated battery, the felony for which the person is charged
   28  shall be reclassified as follows:
   29         1.(a) In the case of a felony of the first degree, to a
   30  life felony.
   31         2.(b) In the case of a felony of the second degree, to a
   32  felony of the first degree.
   33         3.(c) In the case of a felony of the third degree, to a
   34  felony of the second degree.
   35         (b) In addition to any other classification of an offense
   36  provided by law, whenever a person commits a misdemeanor or
   37  felony, and during the commission of such offense the person
   38  carries, displays, uses, threatens to use, or attempts to use a
   39  weapon or firearm capable of holding 10 or more rounds of
   40  ammunition without the necessity of reloading, or the person
   41  possesses a firearm and possesses more than one firearm magazine
   42  capable of being used in the firearm, the offense for which the
   43  person is charged shall be reclassified as follows:
   44         1. In the case of a felony of the first degree, to a life
   45  felony.
   46         2. In the case of a felony of the second degree, to a
   47  felony of the first degree.
   48         3. In the case of a felony of the third degree, to a felony
   49  of the second degree.
   50         4. In the case of a misdemeanor of the first degree, to a
   51  felony of the third degree.
   52         5. In the case of a misdemeanor of the second degree, to a
   53  misdemeanor of the first degree.
   54  
   55  For purposes of sentencing under chapter 921 and determining
   56  incentive gain-time eligibility under chapter 944, a felony
   57  offense which is reclassified under this subsection section is
   58  ranked one level above the ranking under s. 921.0022 or s.
   59  921.0023 of the felony offense committed.
   60         Section 2. For the purpose of incorporating the amendment
   61  made by this act to section 775.087, Florida Statutes, in a
   62  reference thereto, subsection (2) of section 921.0022, Florida
   63  Statutes, is reenacted to read:
   64         921.0022 Criminal Punishment Code; offense severity ranking
   65  chart.—
   66         (2) The offense severity ranking chart has 10 offense
   67  levels, ranked from least severe, which are level 1 offenses, to
   68  most severe, which are level 10 offenses, and each felony
   69  offense is assigned to a level according to the severity of the
   70  offense. For purposes of determining which felony offenses are
   71  specifically listed in the offense severity ranking chart and
   72  which severity level has been assigned to each of these
   73  offenses, the numerical statutory references in the left column
   74  of the chart and the felony degree designations in the middle
   75  column of the chart are controlling; the language in the right
   76  column of the chart is provided solely for descriptive purposes.
   77  Reclassification of the degree of the felony through the
   78  application of s. 775.0845, s. 775.085, s. 775.0861, s.
   79  775.0862, s. 775.0863, s. 775.087, s. 775.0875, s. 794.023, or
   80  any other law that provides an enhanced penalty for a felony
   81  offense, to any offense listed in the offense severity ranking
   82  chart in this section shall not cause the offense to become
   83  unlisted and is not subject to the provisions of s. 921.0023.
   84         Section 3. This act shall take effect October 1, 2017.