Legislation that would require life sentences without parole for people convicted of manslaughter in the death of a police officer is once again a vote away from reaching the Senate floor.
Members of the Senate Appropriations Committee on Criminal and Civil Justice voted 6-1 for the measure (SB 156), which is meant to eliminate any question about whether someone can violently resist arrest.
“Florida law provides that a person may not lawfully use force or violence to resist a law enforcement officer in arrest or detention,” said the bill’s sponsor, St. Augustine Republican Sen. Tom Leek.
“However, because applicable statutes and jury instructions reference an officer’s ‘execution of a legal duty,’ some defendants have claimed an unlawful detention or arrest in an attempt to justify using force against that officer.”
SB 156 and its House analog (HB 17) by Jacksonville Republican Rep. Jessica Baker are titled the “Officer Jason Raynor Act” after a Daytona Beach Police officer who was fatally shot in 2021 by a man who resisted arrest.
In June, an appeals court affirmed the 30-year sentence of Raynor’s killer, Othal Wallace. Outcry followed Wallace’s sentencing, as did bills by Leek and Baker, who are making their third run at passing the legislation.
They came within a vote of doing so last year, but disagreement over four words and procedural rules that limit the number of times a bill can bounce between chambers killed it.
Baker told Florida Politics in September, shortly after she refiled the measure, that she and Leek had “a great conversation” over the Summer and have ironed out their differences.
“It’s important to us to work together and do what’s right for Floridians by ensuring this important bill becomes law,” she said.
Aside from increasing sentencing levels to ensure tougher penalties for violent acts against officers, SB 156 expands the definition of who qualifies as a protected officer to include correctional, probation and auxiliary officers, and raises the offense severity for crimes such as assault, battery, aggravated assault and aggravated battery when the victim is an officer.
The legislation also includes and defines a “good faith” standard for police conduct during arrests and detainment situations — a criterion Leek added back to the bill after hearing concerns from the Senate Black Caucus about unchecked police power in communities of color.
Leek said he spent time with Raynor’s family during the off-season.
“This is important,” he said. “This is important to them. This is the third year moving through the process, and it’s time we brought some closure to the Raynor family.”
Representatives from the Florida Sheriff’s Association, Florida Police Benevolent Association, Sun Coast Police Benevolent Association, Florida League of Cities and Florida Police Chiefs Association all expressed support for the measure.
So did Port Orange Republican Sen. Tom Wright, who said he was on the phone with Volusia County Sheriff Michael Chitwood the night Raynor was killed.
“He abruptly said, ‘Something’s happened. I’ve got to go.’ And then he called me back an hour and a half later and said, ‘It’s bad,’” Wright said. “Following that, I was privy to see the body camera of Officer Raynor, and it’s overwhelming. We need to protect our law enforcement officers.”
Tamarac Democratic Sen. Rosalind Osgood, who voted for the bill, raised concerns about unintended consequences, specifically what would happen in cases of DUI manslaughter where an officer is a victim.
Leek said that while he hadn’t considered that potentiality, he didn’t think SB 156 would apply, since it specifically deals with resisting arrest with violence.
Orlando Democratic Sen. Carlos G. Smith cast the sole “no” vote, but did not speak on the bill Wednesday. He also voted against it in its first committee stop Dec. 9.
SB 156, which Leek amended to better align with the House bill’s language, will next go to the Senate Rules Committee, its final committee stop in the chamber.
HB 17 awaits a hearing in the second of three committees to which it was referred.