Bill Text: FL S0384 | 2023 | Regular Session | Introduced

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

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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-Introduced.html

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       Florida Senate - 2023                                     SB 384
       
       
        
       By Senator Bradley
       
       
       
       
       
       6-00466-23                                             2023384__
    1                        A bill to be entitled                      
    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         providing an effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Section 775.0823, Florida Statutes, is amended
   11  to read:
   12         775.0823 Violent offenses committed against specified
   13  justice system personnel law enforcement officers, correctional
   14  officers, state attorneys, assistant state attorneys, justices,
   15  or judges.—The Legislature does hereby provide for an increase
   16  and certainty of penalty for any person convicted of a violent
   17  offense against any law enforcement or correctional officer, as
   18  defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9);
   19  against any state attorney elected pursuant to s. 27.01 or
   20  assistant state attorney appointed under s. 27.181; against any
   21  court-appointed counsel appointed under s. 27.40 or defense
   22  attorney acting in his or her capacity as defense counsel; or
   23  against any justice or judge of a court described in Art. V of
   24  the State Constitution, which offense arises out of or in the
   25  scope of the officer’s duty as a law enforcement or correctional
   26  officer, the state attorney’s or assistant state attorney’s duty
   27  as a prosecutor or investigator, the court-appointed counsel or
   28  defense attorney acting in his or her capacity as defense
   29  counsel, or the justice’s or judge’s duty as a judicial officer,
   30  as follows:
   31         (1) For murder in the first degree as described in s.
   32  782.04(1), if the death sentence is not imposed, a sentence of
   33  imprisonment for life without eligibility for release.
   34         (2) For attempted murder in the first degree as described
   35  in s. 782.04(1), a sentence pursuant to s. 775.082, s. 775.083,
   36  or s. 775.084.
   37         (3) For attempted felony murder as described in s. 782.051,
   38  a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
   39         (4) For murder in the second degree as described in s.
   40  782.04(2) and (3), a sentence pursuant to s. 775.082, s.
   41  775.083, or s. 775.084.
   42         (5) For attempted murder in the second degree as described
   43  in s. 782.04(2) and (3), a sentence pursuant to s. 775.082, s.
   44  775.083, or s. 775.084.
   45         (6) For murder in the third degree as described in s.
   46  782.04(4), a sentence pursuant to s. 775.082, s. 775.083, or s.
   47  775.084.
   48         (7) For attempted murder in the third degree as described
   49  in s. 782.04(4), a sentence pursuant to s. 775.082, s. 775.083,
   50  or s. 775.084.
   51         (8) For manslaughter as described in s. 782.07 during the
   52  commission of a crime, a sentence pursuant to s. 775.082, s.
   53  775.083, or s. 775.084.
   54         (9) For kidnapping as described in s. 787.01, a sentence
   55  pursuant to s. 775.082, s. 775.083, or s. 775.084.
   56         (10) For aggravated battery as described in s. 784.045, a
   57  sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
   58         (11) For aggravated assault as described in s. 784.021, a
   59  sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
   60  
   61  Notwithstanding the provisions of s. 948.01, with respect to any
   62  person who is found to have violated this section, adjudication
   63  of guilt or imposition of sentence shall not be suspended,
   64  deferred, or withheld.
   65         Section 2. This act shall take effect July 1, 2023.