Bill Text: FL S0384 | 2023 | Regular Session | Enrolled
Bill Title: Violent Offenses Committed Against Criminal Defense Attorneys
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2023-06-06 - Chapter No. 2023-190 [S0384 Detail]
Download: Florida-2023-S0384-Enrolled.html
ENROLLED
2023 Legislature CS for SB 384
2023384er
1
2 An act relating to violent offenses committed against
3 criminal defense attorneys; amending s. 775.0823,
4 F.S.; providing for the reclassification of specified
5 offenses committed against criminal defense attorneys;
6 amending ss. 921.0024 and 947.146, F.S.; conforming
7 provisions to changes made by the act; providing an
8 effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Section 775.0823, Florida Statutes, is amended
13 to read:
14 775.0823 Violent offenses committed against specified
15 justice system personnel law enforcement officers, correctional
16 officers, state attorneys, assistant state attorneys, justices,
17 or judges.—The Legislature does hereby provide for an increase
18 and certainty of penalty for any person convicted of a violent
19 offense against any law enforcement or correctional officer, as
20 defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9);
21 against any state attorney elected pursuant to s. 27.01 or
22 assistant state attorney appointed under s. 27.181; against any
23 public defender elected pursuant to s. 27.50 or regional counsel
24 appointed pursuant to s. 27.511(3); against any court-appointed
25 counsel appointed under s. 27.40 or defense attorney in a
26 criminal proceeding; or against any justice or judge of a court
27 described in Art. V of the State Constitution, which offense
28 arises out of or in the scope of the officer’s duty as a law
29 enforcement or correctional officer, the state attorney’s or
30 assistant state attorney’s duty as a prosecutor or investigator,
31 the public defender or regional counsel acting in his or her
32 capacity as defense counsel, the court-appointed counsel or
33 defense attorney in a criminal proceeding acting in his or her
34 capacity as defense counsel, or the justice’s or judge’s duty as
35 a judicial officer, as follows:
36 (1) For murder in the first degree as described in s.
37 782.04(1), if the death sentence is not imposed, a sentence of
38 imprisonment for life without eligibility for release.
39 (2) For attempted murder in the first degree as described
40 in s. 782.04(1), a sentence pursuant to s. 775.082, s. 775.083,
41 or s. 775.084.
42 (3) For attempted felony murder as described in s. 782.051,
43 a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
44 (4) For murder in the second degree as described in s.
45 782.04(2) and (3), a sentence pursuant to s. 775.082, s.
46 775.083, or s. 775.084.
47 (5) For attempted murder in the second degree as described
48 in s. 782.04(2) and (3), a sentence pursuant to s. 775.082, s.
49 775.083, or s. 775.084.
50 (6) For murder in the third degree as described in s.
51 782.04(4), a sentence pursuant to s. 775.082, s. 775.083, or s.
52 775.084.
53 (7) For attempted murder in the third degree as described
54 in s. 782.04(4), a sentence pursuant to s. 775.082, s. 775.083,
55 or s. 775.084.
56 (8) For manslaughter as described in s. 782.07 during the
57 commission of a crime, a sentence pursuant to s. 775.082, s.
58 775.083, or s. 775.084.
59 (9) For kidnapping as described in s. 787.01, a sentence
60 pursuant to s. 775.082, s. 775.083, or s. 775.084.
61 (10) For aggravated battery as described in s. 784.045, a
62 sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
63 (11) For aggravated assault as described in s. 784.021, a
64 sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
65
66 Notwithstanding the provisions of s. 948.01, with respect to any
67 person who is found to have violated this section, adjudication
68 of guilt or imposition of sentence shall not be suspended,
69 deferred, or withheld.
70 Section 2. Paragraph (b) of subsection (1) of section
71 921.0024, Florida Statutes, is amended to read:
72 921.0024 Criminal Punishment Code; worksheet computations;
73 scoresheets.—
74 (1)
75 (b) WORKSHEET KEY:
76
77 Legal status points are assessed when any form of legal status
78 existed at the time the offender committed an offense before the
79 court for sentencing. Four (4) sentence points are assessed for
80 an offender’s legal status.
81
82 Community sanction violation points are assessed when a
83 community sanction violation is before the court for sentencing.
84 Six (6) sentence points are assessed for each community sanction
85 violation and each successive community sanction violation,
86 unless any of the following apply:
87 1. If the community sanction violation includes a new
88 felony conviction before the sentencing court, twelve (12)
89 community sanction violation points are assessed for the
90 violation, and for each successive community sanction violation
91 involving a new felony conviction.
92 2. If the community sanction violation is committed by a
93 violent felony offender of special concern as defined in s.
94 948.06:
95 a. Twelve (12) community sanction violation points are
96 assessed for the violation and for each successive violation of
97 felony probation or community control where:
98 I. The violation does not include a new felony conviction;
99 and
100 II. The community sanction violation is not based solely on
101 the probationer or offender’s failure to pay costs or fines or
102 make restitution payments.
103 b. Twenty-four (24) community sanction violation points are
104 assessed for the violation and for each successive violation of
105 felony probation or community control where the violation
106 includes a new felony conviction.
107
108 Multiple counts of community sanction violations before the
109 sentencing court shall not be a basis for multiplying the
110 assessment of community sanction violation points.
111
112 Prior serious felony points: If the offender has a primary
113 offense or any additional offense ranked in level 8, level 9, or
114 level 10, and one or more prior serious felonies, a single
115 assessment of thirty (30) points shall be added. For purposes of
116 this section, a prior serious felony is an offense in the
117 offender’s prior record that is ranked in level 8, level 9, or
118 level 10 under s. 921.0022 or s. 921.0023 and for which the
119 offender is serving a sentence of confinement, supervision, or
120 other sanction or for which the offender’s date of release from
121 confinement, supervision, or other sanction, whichever is later,
122 is within 3 years before the date the primary offense or any
123 additional offense was committed.
124
125 Prior capital felony points: If the offender has one or more
126 prior capital felonies in the offender’s criminal record, points
127 shall be added to the subtotal sentence points of the offender
128 equal to twice the number of points the offender receives for
129 the primary offense and any additional offense. A prior capital
130 felony in the offender’s criminal record is a previous capital
131 felony offense for which the offender has entered a plea of nolo
132 contendere or guilty or has been found guilty; or a felony in
133 another jurisdiction which is a capital felony in that
134 jurisdiction, or would be a capital felony if the offense were
135 committed in this state.
136
137 Possession of a firearm, semiautomatic firearm, or machine gun:
138 If the offender is convicted of committing or attempting to
139 commit any felony other than those enumerated in s. 775.087(2)
140 while having in his or her possession: a firearm as defined in
141 s. 790.001(6), an additional eighteen (18) sentence points are
142 assessed; or if the offender is convicted of committing or
143 attempting to commit any felony other than those enumerated in
144 s. 775.087(3) while having in his or her possession a
145 semiautomatic firearm as defined in s. 775.087(3) or a machine
146 gun as defined in s. 790.001(9), an additional twenty-five (25)
147 sentence points are assessed.
148
149 Sentencing multipliers:
150
151 Drug trafficking: If the primary offense is drug trafficking
152 under s. 893.135, the subtotal sentence points are multiplied,
153 at the discretion of the court, for a level 7 or level 8
154 offense, by 1.5. The state attorney may move the sentencing
155 court to reduce or suspend the sentence of a person convicted of
156 a level 7 or level 8 offense, if the offender provides
157 substantial assistance as described in s. 893.135(4).
158
159 Violent offenses committed against specified justice system
160 personnel Law enforcement protection: If the primary offense is
161 a violation of the Law Enforcement Protection Act under s.
162 775.0823(2), (3), or (4), the subtotal sentence points are
163 multiplied by 2.5. If the primary offense is a violation of s.
164 775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
165 are multiplied by 2.0. If the primary offense is a violation of
166 s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
167 Protection Act under s. 775.0823(10) or (11), the subtotal
168 sentence points are multiplied by 1.5.
169
170 Grand theft of a motor vehicle: If the primary offense is grand
171 theft of the third degree involving a motor vehicle and in the
172 offender’s prior record, there are three or more grand thefts of
173 the third degree involving a motor vehicle, the subtotal
174 sentence points are multiplied by 1.5.
175
176 Offense related to a criminal gang: If the offender is convicted
177 of the primary offense and committed that offense for the
178 purpose of benefiting, promoting, or furthering the interests of
179 a criminal gang as defined in s. 874.03, the subtotal sentence
180 points are multiplied by 1.5. If applying the multiplier results
181 in the lowest permissible sentence exceeding the statutory
182 maximum sentence for the primary offense under chapter 775, the
183 court may not apply the multiplier and must sentence the
184 defendant to the statutory maximum sentence.
185
186 Domestic violence in the presence of a child: If the offender is
187 convicted of the primary offense and the primary offense is a
188 crime of domestic violence, as defined in s. 741.28, which was
189 committed in the presence of a child under 16 years of age who
190 is a family or household member as defined in s. 741.28(3) with
191 the victim or perpetrator, the subtotal sentence points are
192 multiplied by 1.5.
193
194 Adult-on-minor sex offense: If the offender was 18 years of age
195 or older and the victim was younger than 18 years of age at the
196 time the offender committed the primary offense, and if the
197 primary offense was an offense committed on or after October 1,
198 2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the
199 violation involved a victim who was a minor and, in the course
200 of committing that violation, the defendant committed a sexual
201 battery under chapter 794 or a lewd act under s. 800.04 or s.
202 847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s.
203 787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
204 800.04; or s. 847.0135(5), the subtotal sentence points are
205 multiplied by 2.0. If applying the multiplier results in the
206 lowest permissible sentence exceeding the statutory maximum
207 sentence for the primary offense under chapter 775, the court
208 may not apply the multiplier and must sentence the defendant to
209 the statutory maximum sentence.
210 Section 3. Subsection (3) of section 947.146, Florida
211 Statutes, is amended to read:
212 947.146 Control Release Authority.—
213 (3) Within 120 days prior to the date the state
214 correctional system is projected pursuant to s. 216.136 to
215 exceed 99 percent of total capacity, the authority shall
216 determine eligibility for and establish a control release date
217 for an appropriate number of parole ineligible inmates committed
218 to the department and incarcerated within the state who have
219 been determined by the authority to be eligible for
220 discretionary early release pursuant to this section. In
221 establishing control release dates, it is the intent of the
222 Legislature that the authority prioritize consideration of
223 eligible inmates closest to their tentative release date. The
224 authority shall rely upon commitment data on the offender
225 information system maintained by the department to initially
226 identify inmates who are to be reviewed for control release
227 consideration. The authority may use a method of objective risk
228 assessment in determining if an eligible inmate should be
229 released. Such assessment shall be a part of the department’s
230 management information system. However, the authority shall have
231 sole responsibility for determining control release eligibility,
232 establishing a control release date, and effectuating the
233 release of a sufficient number of inmates to maintain the inmate
234 population between 99 percent and 100 percent of total capacity.
235 Inmates who are ineligible for control release are inmates who
236 are parole eligible or inmates who:
237 (a) Are serving a sentence that includes a mandatory
238 minimum provision for a capital offense or drug trafficking
239 offense and have not served the number of days equal to the
240 mandatory minimum term less any jail-time credit awarded by the
241 court;
242 (b) Are serving the mandatory minimum portion of a sentence
243 enhanced under s. 775.087(2) or (3), or s. 784.07(3);
244 (c) Are convicted, or have been previously convicted, of
245 committing or attempting to commit sexual battery, incest, or
246 any of the following lewd or indecent assaults or acts:
247 masturbating in public; exposing the sexual organs in a
248 perverted manner; or nonconsensual handling or fondling of the
249 sexual organs of another person;
250 (d) Are convicted, or have been previously convicted, of
251 committing or attempting to commit assault, aggravated assault,
252 battery, or aggravated battery, and a sex act was attempted or
253 completed during commission of such offense;
254 (e) Are convicted, or have been previously convicted, of
255 committing or attempting to commit kidnapping, burglary, or
256 murder, and the offense was committed with the intent to commit
257 sexual battery or a sex act was attempted or completed during
258 commission of the offense;
259 (f) Are convicted, or have been previously convicted, of
260 committing or attempting to commit false imprisonment upon a
261 child under the age of 13 and, in the course of committing the
262 offense, the inmate committed aggravated child abuse, sexual
263 battery against the child, or a lewd or lascivious offense
264 committed upon or in the presence of a person less than 16 years
265 of age;
266 (g) Are sentenced, have previously been sentenced, or have
267 been sentenced at any time under s. 775.084, or have been
268 sentenced at any time in another jurisdiction as a habitual
269 offender;
270 (h) Are convicted, or have been previously convicted, of
271 committing or attempting to commit assault, aggravated assault,
272 battery, aggravated battery, kidnapping, manslaughter, or murder
273 against an officer as defined in s. 943.10(1), (2), (3), (6),
274 (7), (8), or (9); against a state attorney or assistant state
275 attorney; or against a justice or judge of a court described in
276 Art. V of the State Constitution; or against an officer, judge,
277 or state attorney employed in a comparable position by any other
278 jurisdiction; or
279 (i) Are convicted, or have been previously convicted, of
280 committing or attempting to commit murder in the first, second,
281 or third degree under s. 782.04(1), (2), (3), or (4), or have
282 ever been convicted of any degree of murder or attempted murder
283 in another jurisdiction;
284 (j) Are convicted, or have been previously convicted, of
285 DUI manslaughter under s. 316.193(3)(c)3., and are sentenced, or
286 have been sentenced at any time, as a habitual offender for such
287 offense, or have been sentenced at any time in another
288 jurisdiction as a habitual offender for such offense;
289 (k)1. Are serving a sentence for an offense committed on or
290 after January 1, 1994, for a violation of the Law Enforcement
291 Protection Act under s. 775.0823(2), (3), (4), (5), or (6), and
292 the subtotal of the offender’s sentence points is multiplied
293 pursuant to former s. 921.0014 or s. 921.0024;
294 2. Are serving a sentence for an offense committed on or
295 after October 1, 1995, for a violation of the Law Enforcement
296 Protection Act under s. 775.0823(2), (3), (4), (5), (6), (7),
297 (8), or (9), and the subtotal of the offender’s sentence points
298 is multiplied pursuant to former s. 921.0014 or s. 921.0024;
299 (l) Are serving a sentence for an offense committed on or
300 after January 1, 1994, for possession of a firearm,
301 semiautomatic firearm, or machine gun in which additional points
302 are added to the subtotal of the offender’s sentence points
303 pursuant to former s. 921.0014 or s. 921.0024; or
304 (m) Are convicted, or have been previously convicted, of
305 committing or attempting to commit manslaughter, kidnapping,
306 robbery, carjacking, home-invasion robbery, or a burglary under
307 s. 810.02(2).
308
309 In making control release eligibility determinations under this
310 subsection, the authority may rely on any document leading to or
311 generated during the course of the criminal proceedings,
312 including, but not limited to, any presentence or postsentence
313 investigation or any information contained in arrest reports
314 relating to circumstances of the offense.
315 Section 4. This act shall take effect July 1, 2023.
