Miami-Dade Legislative Item
File Number: 070005
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File Number: 070005 File Type: Resolution Status: Adopted
Version: 0 Reference: R-188-07 Control: County Commission
File Name: SENTENCING FOR PERSONS WHO COMMIT CRIMES WITH ASSAULT WEAPON Introduced: 1/3/2007
Requester: NONE Cost: Final Action: 2/20/2007
Agenda Date: 2/20/2007 Agenda Item Number: 11A9
Notes: Title: RESOLUTION URGING THE FLORIDA LEGISLATURE TO INCREASE THE SENTENCING REQUIREMENTS FOR PERSONS WHO COMMIT CRIMES WITH ASSAULT WEAPONS
Indexes: CRIMINAL ACTIVITY
  LEGISLATURE
Sponsors: Barbara J. Jordan, Prime Sponsor
  Carlos A. Gimenez, Co-Sponsor
  Katy Sorenson, Co-Sponsor
  Audrey M. Edmonson, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 2/20/2007 11A9 Adopted P

County Manager 2/14/2007 Additions 2/20/2007

County Attorney 2/14/2007 Referred Budget and Finance Committee 2/13/2007

County Attorney 2/14/2007 Assigned Jess M. McCarty 2/14/2007

Budget and Finance Committee 2/13/2007 2M Forwarded to the BCC by the BCC Chairperson with a favorable recommendation P
REPORT: Assistant County Attorney Benitez read the foregoing resolution into the record. It was moved by Commissioner Sorenson that this proposed resolution be forwarded with a favorable recommendation. This motion was seconded by Commissioner Gimenez. Commissioners Gimenez and Sorenson asked to be listed as co-sponsors. Following further discussion the Committee proceeded to vote.

County Attorney 1/29/2007 Referred Budget and Finance Committee 2/13/2007

County Attorney 1/3/2007 Assigned Jess M. McCarty

Legislative Text


TITLE
RESOLUTION URGING THE FLORIDA LEGISLATURE TO INCREASE THE SENTENCING REQUIREMENTS FOR PERSONS WHO COMMIT CRIMES WITH ASSAULT WEAPONS

BODY
WHEREAS, semi-automatic assault weapons are civilian versions of military weapons with features that allow users to rapidly kill large numbers of people; and
WHEREAS, one out of five law enforcement officers slain in the line of duty from 1998 through 2001 was killed with an assault weapon according to one study; and
WHEREAS, assault weapons have been used in many high profile mass shootings such as the one at Columbine High School in Littleton, Colorado and the Washington, DC-area sniper shootings; and
WHEREAS, injuries from assault weapons have a particularly harmful effect on victims because increased firepower heightens the risk of multiple gunshot wounds and severe penetrating trauma, which can intensify devastation to the body; and
WHEREAS, the severity of wounds that result from assault weapons lead to high medical costs for treatment and recovery; and
WHEREAS, current Florida law provides the following minimum mandatory sentences related to assault weapons:
1. 15 years imprisonment for a person who possesses, but doesn’t use the assault weapon in the commission of a felony;
2. 20 years imprisonment for a person who uses the assault weapon in the commission of a felony; and
3. 25 years imprisonment for a person who uses the assault weapon in the commission of a felony resulting in death or great bodily harm.
WHEREAS, while no bills were filed during the 2006 state legislative session, bills were filed during the 2005 state legislative session that would increase these penalties to 20, 25, and 30 years respectively, but these bills did not pass; and,
WHEREAS, increasing the sentencing requirements for persons who commit crimes with assault weapons may deter criminals from using assault weapons,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges the Florida Legislature to increase the sentencing requirements for persons who commit crimes with assault weapons.
Section 2. Directs the Clerk of the Board to transmit a certified copy of this resolution to the Governor, Senate President, House Speaker, and the Chair and Members of the Miami-Dade County State Legislative Delegation.
Section 3. Directs the County’s state lobbyists to advocate for the passage of the legislation set forth in Section 1 above, and directs the Office of Intergovernmental Affairs to include this item in the 2007 State Legislative Package.



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