Bill Text: FL S1272 | 2012 | Regular Session | Comm Sub

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Bill Title: Possession of a Firearm or Destructive Device During the Commission of an Offense

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-03-09 - Laid on Table, refer to CS/CS/HB 947 -SJ 1178 [S1272 Detail]

Download: Florida-2012-S1272-Comm_Sub.html

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       Florida Senate - 2012                             CS for SB 1272
       
       
       
       By the Committee on Criminal Justice; and Senator Latvala
       
       
       
       
       591-03220-12                                          20121272c1
    1                        A bill to be entitled                      
    2         An act relating to possession of a firearm or
    3         destructive device during the commission of an
    4         offense; amending s. 775.087, F.S.; providing that an
    5         exception to the 10-year minimum term for persons
    6         convicted of certain offenses during which the person
    7         actually possessed a firearm or destructive device
    8         does not apply to offenders convicted for possession
    9         of a firearm by a felon who have certain prior
   10         convictions; providing an effective date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Paragraph (a) of subsection (2) of section
   15  775.087, Florida Statutes, is amended to read:
   16         775.087 Possession or use of weapon; aggravated battery;
   17  felony reclassification; minimum sentence.—
   18         (2)(a)1. Any person who is convicted of a felony or an
   19  attempt to commit a felony, regardless of whether the use of a
   20  weapon is an element of the felony, and the conviction was for:
   21         a. Murder;
   22         b. Sexual battery;
   23         c. Robbery;
   24         d. Burglary;
   25         e. Arson;
   26         f. Aggravated assault;
   27         g. Aggravated battery;
   28         h. Kidnapping;
   29         i. Escape;
   30         j. Aircraft piracy;
   31         k. Aggravated child abuse;
   32         l. Aggravated abuse of an elderly person or disabled adult;
   33         m. Unlawful throwing, placing, or discharging of a
   34  destructive device or bomb;
   35         n. Carjacking;
   36         o. Home-invasion robbery;
   37         p. Aggravated stalking;
   38         q. Trafficking in cannabis, trafficking in cocaine, capital
   39  importation of cocaine, trafficking in illegal drugs, capital
   40  importation of illegal drugs, trafficking in phencyclidine,
   41  capital importation of phencyclidine, trafficking in
   42  methaqualone, capital importation of methaqualone, trafficking
   43  in amphetamine, capital importation of amphetamine, trafficking
   44  in flunitrazepam, trafficking in gamma-hydroxybutyric acid
   45  (GHB), trafficking in 1,4-Butanediol, trafficking in
   46  Phenethylamines, or other violation of s. 893.135(1); or
   47         r. Possession of a firearm by a felon
   48  
   49  and during the commission of the offense, such person actually
   50  possessed a “firearm” or “destructive device” as those terms are
   51  defined in s. 790.001, shall be sentenced to a minimum term of
   52  imprisonment of 10 years, except that a person who is convicted
   53  for aggravated assault, possession of a firearm by a felon, or
   54  burglary of a conveyance shall be sentenced to a minimum term of
   55  imprisonment of 3 years if such person possessed a “firearm” or
   56  “destructive device” during the commission of the offense.
   57  However, if an offender who is convicted of the offense of
   58  possession of a firearm by a felon has a previous conviction of
   59  committing or attempting to commit a felony listed in s.
   60  775.084(1)(b)1. and actually possessed a firearm or destructive
   61  device during the commission of the prior felony, the offender
   62  shall be sentenced to a minimum term of imprisonment of 10
   63  years.
   64         2. Any person who is convicted of a felony or an attempt to
   65  commit a felony listed in sub-subparagraphs (a)1.a.-q.,
   66  regardless of whether the use of a weapon is an element of the
   67  felony, and during the course of the commission of the felony
   68  such person discharged a “firearm” or “destructive device” as
   69  defined in s. 790.001 shall be sentenced to a minimum term of
   70  imprisonment of 20 years.
   71         3. Any person who is convicted of a felony or an attempt to
   72  commit a felony listed in sub-subparagraphs (a)1.a.-q.,
   73  regardless of whether the use of a weapon is an element of the
   74  felony, and during the course of the commission of the felony
   75  such person discharged a “firearm” or “destructive device” as
   76  defined in s. 790.001 and, as the result of the discharge, death
   77  or great bodily harm was inflicted upon any person, the
   78  convicted person shall be sentenced to a minimum term of
   79  imprisonment of not less than 25 years and not more than a term
   80  of imprisonment of life in prison.
   81         Section 2. This act shall take effect July 1, 2012.