Bill Text: FL S1536 | 2011 | Regular Session | Introduced

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Bill Title: Murder of a Child 17 Years of Age or Younger

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S1536 Detail]

Download: Florida-2011-S1536-Introduced.html

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       Florida Senate - 2011                                    SB 1536
       
       
       
       By Senator Flores
       
       
       
       
       38-00579B-11                                          20111536__
    1                        A bill to be entitled                      
    2         An act relating to murder of a child 17 years of age
    3         or younger; creating s. 782.066, F.S.; reclassifying
    4         specified murder offenses if committed upon a child 17
    5         years of age or younger; prohibiting a court from
    6         suspending, deferring, or withholding adjudication of
    7         guilt or imposition of sentence; providing an
    8         effective date.
    9  
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Section 782.066, Florida Statutes, is created to
   13  read:
   14         782.066 Murder; child 17 years of age or younger.—
   15         (1) Whenever a person is charged with committing a
   16  violation of s. 782.04, other than s. 782.04(1), upon a child 17
   17  years of age or younger, the offense for which the person is
   18  charged shall be reclassified as follows, regardless of whether
   19  he or she had a reason to know the age of the victim:
   20         (a) In the case of a violation of s. 782.04(2), from a
   21  felony of the first degree to a capital felony, punishable as
   22  provided in s. 775.082.
   23         (b) In the case of a violation of s. 782.04(3), from a
   24  felony of the first degree to a felony of the first degree
   25  punishable by imprisonment for a term of years not exceeding
   26  life or as provided in s. 775.082, s. 775.083, or s. 775.084.
   27         (c) In the case of a violation of s. 782.04(4), from a
   28  felony of the second degree to a felony of the first degree.
   29         (2) Notwithstanding s. 948.01, a court may not suspend,
   30  defer, or withhold adjudication of guilt or imposition of
   31  sentence for any violation of this section.
   32         Section 2. This act shall take effect October 1, 2011.