Amendments to criminal jury instructions.

The Supreme Court Committee on Standard Jury Instructions in Criminal Cases submits the following new and amended instructions to the Florida Standard Jury Instructions in Criminal Cases for comment.

The committee proposes the following:

6.2--ATTEMPTED MURDER--FIRST DEGREE (PREMEDITATED)

6.3--ATTEMPTED FELONY MURDER

6.3(a)--ATTEMPTED FELONY MURDER--INJURY CAUSED BY ANOTHER

6.4--ATTEMPTED SECOND DEGREE MURDER

6.6--ATTEMPTED MANSLAUGHTER BY ACT

6.7--ATTEMPTED MURDER--RECLASSIFIED (BY VICTIM'S EMPLOYMENT AS A LAW ENFORCEMENT OFFICER, CORRECTIONAL OFFICER, ETC.)

7.2--MURDER--FIRST DEGREE

7.3--FELONY MURDER--FIRST DEGREE

7.4--MURDER--SECOND DEGREE

7.5--FELONY MURDER--SECOND DEGREE

7.6--FELONY MURDER--THIRD DEGREE

7.7--MANSLAUGHTER

7.7(a)--AGGRAVATED MANSLAUGHTER

7.13--MURDER--RECLASSIFIED (BY VICTIM'S EMPLOYMENT AS A LAW ENFORCEMENT OFFICER, CORRECTIONAL OFFICER, ETC.)

The committee invites all interested persons to comment on the proposals, reproduced in full below. Comments must be received by the committee in either electronic format or hard copy on or before August 15. The committee will review all comments received in response to the above proposals at its next meeting and will consider amendments based upon the comments received. Upon final approval of the instructions, the committee will make a recommendation to the Florida Supreme Court. File your comments electronically to CrimJuryInst@flcourts.org, in the format of a Word document. If you cannot file electronically, mail a hard copy of the comment to Standard Jury Instructions Committee in Criminal Cases, c/o Bart Schneider, General Counsel's Office, Office of the State Courts Administrator, 500 S. Duval Street, Tallahassee 32399-1900.

6.2 ATTEMPTED MURDER--FIRST DEGREE (PREMEDITATED)

[section][section] 782.04(1)(a) and 777.04, Fla. Stat.

In the absence of an express concession that the attempted homicide was not excusable or justified, the trial judge must also read Instruction 6.1, Introduction to Attempted Homicide. State v. Spencer,--So. 3d--(Fla. 2017).

To prove the crime of Attempted First Degree Premeditated Murder, the State must prove the following three elements beyond a reasonable doubt:

1. (Defendant) did some act intended to cause the death of (victim) that went beyond just thinking or talking about it.

2. (Defendant) acted with a premeditated design to kill (victim).

3. The act would have resulted in the death of (victim) except that someone prevented (defendant) from killing (victim) or [he] [she] failed to do so.

   [begin strikethrough]Definition.[end strikethrough]

   A premeditated design to kill means that there was a conscious decision to kill. The decision must be present in the mind at the time the act was committed. The law does not fix the exact period of time that must pass between the formation of the premeditated intent to kill and the act. The period of time must be long enough to allow reflection by the defendant. The premeditated intent to kill must be formed before the act was committed.

   The question of premeditation is a question of fact to be determined by you from the evidence. It will be sufficient proof of premeditation if the circumstances of the attempted killing and the conduct of the accused convince you beyond a reasonable doubt of the existence of premeditation at the time of the attempted killing.

   [begin strikethrough]It is not an attempt to commit first degree premeditated murder if the defendant abandoned [his] [her] attempt to commit the offense or otherwise prevented its commission, under circumstances indicating a complete and voluntary renunciation of [his] [her] criminal purpose.[end strikethrough]

   Give only if there is evidence that the defendant acted in the heat of passion on legally adequate provocation.

   An issue in this case is whether (defendant) did not act with a premeditated design to kill because [he] [she] acted in the heat of passion based on adequate provocation. In order to find that the defendant did not act with a premeditated design to kill because [he] [she] acted in the heat of passion based on adequate provocation:

   1. there must have been a sudden event that would have suspended the exercise of judgment in an ordinary reasonable person; and

   2. a reasonable person would have lost normal self-control and would have been driven by a blind and unreasoning fury; and

   3. there was not a reasonable amount of time for a reasonable person to cool off; and

   4. a reasonable person would not have cooled off before committing the act that constituted the attempt to cause death; and

   5. [begin strikethrough]the[end strikethrough] (defendant) was, in fact, so provoked and did not cool off before [he] [she] committed the act that constituted the attempt to cause the death of (victim).

   If you have a reasonable doubt about whether the defendant acted with a premeditated design to kill because [he] [she] acted in the heat of passion based on adequate provocation, you should not find [him] [her] guilty of Attempted First Degree Premeditated Murder.

   [begin strikethrough][section] 782.065(2), Fla. Stat.[end strikethrough] Enhanced penalty. [begin strikethrough]Give if applicable.[end strikethrough]

   [begin strikethrough]If you find the defendant guilty of Attempted First Degree Murder, you must then determine whether the State has further proven beyond a reasonable doubt[end strikethrough] that (victim)

   [begin strikethrough]was a [law enforcement officer] [part-time law enforcement officer] [auxiliary law enforcement officer] [correctional officer] [part-time correctional officer] [auxiliary correctional officer] [correctional probation officer] [part-time correctional probation officer] [auxiliary correctional probation officer] engaged in the lawful performance of a legal duty.[end strikethrough]

   [begin strikethrough]Definitions. [section] 943.10, Fla. Stat.[end strikethrough]

   [begin strikethrough]"Law enforcement officer" means any person who is elected, appointed, or employed full time by any municipality or the state or any political subdivision thereof; who is vested with authority to bear arms and make arrests; and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state. This definition includes all certified supervisory and command personnel whose duties include, in whole or in part, the supervision, training, guidance, and management responsibilities of full-time law enforcement officers, part-time law enforcement officers, or auxiliary law enforcement officers but does not include support personnel employed by the employing agency.[end strikethrough]

   [begin strikethrough]"Employing agency" means any agency or unit of government or any municipality or the state or any political subdivision thereof, or any agent thereof, which has constitutional or statutory authority to employ or appoint persons as officers. The term also includes any private entity which has contracted with the state or county for the operation and maintenance of a nonjuvenile detention facility.[end strikethrough]

   [begin strikethrough]"Correctional officer" means any person who is appointed or employed full time by the state or any political subdivision thereof, or by any private entity which has contracted with the state or county, and whose primary responsibility is the supervision, protection, care, custody, and control, or investigation, of inmates within a correctional institution; however, the term "correctional officer" does not include any secretarial, clerical, or professionally trained personnel.[end strikethrough]

   [begin strikethrough]"Correctional probation officer" means a person who is employed full time by the state whose primary responsibility is the supervised custody, surveillance, and control of assigned inmates, probationers, parolees, or community controllees within institutions of the Department of Corrections or within the community. The term includes supervisory personnel whose duties include, in whole or in part, the supervision, training, and guidance of correctional probation officers, but excludes management and administrative personnel above, but not including, the probation and parole regional administrator level.[end strikethrough]

   [begin strikethrough]"Part-time law enforcement officer" means any person employed or appointed less than full time, as defined by an employing agency, with or without compensation, who is vested with authority to bear arms and make arrests and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state. "Part-time correctional officer" means any person who is employed or appointed less than full time, as defined by the employing or appointing agency, with or without compensation, whose responsibilities include the supervision, protection, care, custody, and control of inmates within a correctional institution.[end strikethrough]

   [begin strikethrough]"Auxiliary law enforcement officer" means any person employed or appointed, with or without compensation, who aids or assists a full-time or part-time law enforcement officer and who, while under the direct supervision of a full-time or part-time law enforcement officer, has the authority[end strikethrough] to arrest and perform law enforcement functions.

   [begin strikethrough]"Auxiliary correctional officer" means any person employed or appointed, with or without compensation, who aids or assists a full-time or part-time correctional officer and who, while under the supervision of a full-time or part-time correctional officer, has the same authority as a full-time or part-time correctional officer for the purpose of providing supervision, protection, care, custody, and control of inmates within a correctional institution or a county or municipal detention facility.[end strikethrough]

   Lesser Included Offenses

   ATTEMPTED FIRST DEGREE...