Miami-Dade Legislative Item
File Number: 110451
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File Number: 110451 File Type: Resolution Status: Adopted
Version: 0 Reference: R-175-11 Control: County Commission
File Name: IMPOSE MIN 20 YRS IMPRISONMENT WHEN LAW ENFORCEMENT OFFICER Introduced: 2/24/2011
Requester: NONE Cost: Final Action: 3/1/2011
Agenda Date: 3/1/2011 Agenda Item Number: 11A17
Notes: Title: RESOLUTION URGING THE FLORIDA LEGISLATURE TO IMPOSE A MANDATORY MINIMUM SENTENCE OF 20 YEARS IMPRISONMENT WHEN A LAW ENFORCEMENT OFFICER IS THE VICTIM OF AGGRAVATED ASSAULT OR AGGRAVATED BATTERY WITH A FIREARM
Indexes: LEGISLATURE
Sponsors: Jose "Pepe" Diaz, Prime 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 3/1/2011 11A17 Adopted P

County Manager 2/24/2011 Additions 3/1/2011

County Attorney 2/24/2011 Assigned Jess M. McCarty

Legislative Text


TITLE
RESOLUTION URGING THE FLORIDA LEGISLATURE TO IMPOSE A MANDATORY MINIMUM SENTENCE OF 20 YEARS IMPRISONMENT WHEN A LAW ENFORCEMENT OFFICER IS THE VICTIM OF AGGRAVATED ASSAULT OR AGGRAVATED BATTERY WITH A FIREARM

BODY
WHEREAS, there are a number of existing statutes in Florida that enhance penalties for crimes against law enforcement officers and crimes involving the use of firearms; and
WHEREAS, the Law Enforcement Protection Act, section 775.0823, Florida Statutes (“LEPA”), contains a list of specified offenses including murder, kidnapping, aggravated battery and aggravated assault for which a multiplier must be applied at sentencing when the offense is committed against a law enforcement officer, correctional officer, state attorney or judge; and
WHEREAS, the intent of LEPA is to impose increased penalties by the use of a 1.5 to 2.5 multiplier in an effort to protect law enforcement officers and other government officials charged with enforcing, prosecuting and judging criminal activity when they are acting in an official capacity; and
WHEREAS, in addition to LEPA, section 784.07, Florida Statutes, reclassifies an aggravated assault or aggravated battery against a law enforcement officer, judge, prosecutor or firefighter from a third degree felony carrying a maximum term of imprisonment of five (5) years to a second degree felony carrying a maximum term of imprisonment of fifteen (15) years and creates a mandatory minimum sentence of five (5) years for an aggravated battery on a law enforcement officer and a mandatory minimum sentence of three (3) years for an aggravated assault on a law enforcement officer, regardless of whether a weapon is used; and
WHEREAS, in 1999, the Florida Legislature passed HB 113 (Chapter 99-12, Laws of Florida), commonly known as “10-20-Life”, which imposes a 10-year mandatory minimum prison sentence for displaying a gun during a crime, a 20-year mandatory minimum prison sentence for discharging a gun during a crime, and a mandatory minimum prison sentence of 25 years to life for killing or injuring a victim, whether or not the victim is a law enforcement officer; and
WHEREAS, in 2008, the Florida Legislature passed HB 321 (Chapter 2008-74, Laws of Florida), that created section 782.065; and
WHEREAS, unless the defendant is sentenced to death, HB 321 imposes a sentence of life imprisonment without eligibility for early release for murder or attempted murder when the victim of the offense is a law enforcement officer, part-time law enforcement officer, or auxiliary law enforcement officer engaged in the lawful performance of a legal duty; and
WHEREAS, HB 321 imposes a mandatory life sentence without eligibility for parole only in the case of murder or attempted murder of a law enforcement officer; and
WHEREAS, HB 321 did not address aggravated battery or aggravated assault with a firearm when the victim is a law enforcement officer; and
WHEREAS, under section 775.087, Florida Statutes, there is currently a mandatory minimum sentence of three (3) years for aggravated battery or aggravated assault with a firearm, regardless of whether the victim is a law enforcement officer; and
WHEREAS, Florida law should be amended to provide the highest level of protection to law enforcement officers who are protecting the public; and
WHEREAS, the Florida Legislature should impose a 20-year mandatory minimum sentence for aggravated battery or aggravated assault with a firearm when the victim is a law enforcement officer,
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 amend state law to impose a mandatory minimum sentence of 20 years imprisonment when a law enforcement officer is the victim of aggravated assault with a firearm or aggravated battery with a firearm.
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 legislation set forth in Section 1 above, and authorizes and directs that the 2011 and 2012 State Legislative Packages be amended to include this item.



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