Senate committee clears pair of criminal justice bills in near unanimous approval

TALLAHASSEE, Fla. – The Florida Senate Committee on Criminal Justice on Tuesday forwarded a bill requiring DNA samples from inmates, as well a bill that would mean life in prison for people who resist an arrest that results in the death of a police officer.

Sen. Blaise Ingoglia, R-Spring Hill, and Sen. Jonathan Martin, R-Fort Myers, sponsored SB 524 and SB 1092 respectively.

“Current law falls short in requiring all DNA collection upon entry or release and it’s an implementation,” Ingoglia said to the committee. “The bill was prospective leaving a significant group untouched by addressing a loophole we inadvertently created in the 1990s.”

DNA evidence was first used in 1986 to convict the Golden State Killer. Florida implemented DNA evidence in its own case four years later, according to Ingoglia.

“By making the statute retroactive we have the opportunity to solve cold cases nationwide and provide closure to families and victims and exonerate cases that we may have overlooked,” Ingoglia said.

Sen. Jason Pizzo, D-Hollywood, estimated 48 current state inmates might qualify under the bill.

In a question presented by Sen. Bobby Powell, D-West Palm Beach, the process of extracting DNA samples from inmates was not specified. Ingoglia referred the answer to law enforcement personnel.

Rep. Tom Fabricio, R-Miami Lakes, issued an identical companion bill to SB 524.

The committee also debated Martin’s bill.

“SB 1092 is a bill that serves to protect law enforcement officers and clarifies that you cannot resist an officer with violence or the threat of violence, even if the detention or arrest lacks probable cause or reasonable suspicion,” Martin said to the committee.

In addition, Martin said the bill “ensures appropriate punishment for those who kill law enforcement officers.”

“The proposed law makes it clear that you cannot resist an officer with violence or the threat of violence when they are acting in the performance of their official duties,” Martin continued.

In response to the bill, Pizzo argued the necessity of word “unlawful” in the statute.

Martin clarified the wording by citing a Jacksonville case involving the death of a law enforcement officer.

“[It] caused a lot of jury confusion that resulted, arguably, in the finding of not guilty,” Martin said. “The jury was determining whether or not the law enforcement officer had a legal right to do what the officer was doing at the time that the defendant killed the officer.”

Martin specified a similar situation would move the burden from a jury to the judge.

Pizzo also engaged in hypothetical situations with Martin over the bill.

“Local police officer is chasing my kid, fleeing, eluding the high speed chase. They gets nervous, he’s scared. God forbid they crash, the police officer dies in the crash while he’s chasing my kid,” Pizzo said.

“Its manslaughter because he did not intend. He was acting in a reckless disregard for human life but did not intend to cause the death or injury of another, but knew or should have known that engaging in such reckless disregard for human life is going to result in could possibly result in injury or death,” he continued.

“My kids getting life in prison on a fleeing and eluding charge from from that officer?” Pizzo said.

Sen. Tina Polsky, D-Boca Raton, also pressed Martin on the rights of the defendant in law enforcement altercations.

“You’re not concerned that by taking out the word lawful, that if a police officer is beating up on someone, and they’re officially working, that day in their official capacity, but they are truly beating someone, as we’ve seen many times on video, that there’s no self defense allowed, there’s no stand your ground allowed?” Polksy said.

While Martin acknowledged concern, he did not believe the bill’s language made it unclear.

“Nobody has a right to fight a police officer who is performing his or her official duties,” Martin added.

Jessica Baker, R-Jacksonville, issued an identical companion bill to SB 1092.

SB 524 passed favorably by the committee 7-0, while SB 1092 passed 6-1.