The Officer Jason Raynor Act, named after a Daytona Beach Police officer slain in the line of duty, is headed to Gov. Ron DeSantis after it was passed by the Florida House.
The bill, which would make manslaughter of a law enforcement officer punishable by life in prison, passed the House by a vote of 103 to 8, according to Fresh Take Florida. The Senate already passed its version of the bill by a vote of 31 to 4.
Othal Wallace fatally shot Officer Raynor June 23, 2021. Raynor had walked up to Wallace who was sitting in a car at his girlfriend’s apartment complex and asked him if he lived there. That quickly escalated to a brief struggle and Wallace drawing a gun and shooting Raynor in the head. Raynor’s gun was still in his holster when additional police arrived.
State Attorney R.J. Larizza’s Office sought the death penalty against Wallace. But in 2023, a Clay County jury found him guilty of the lesser charge of manslaughter with a firearm.
Othal Wallace sentenced to 30 years for Raynor’s slaying
Circuit Judge Raul Zambrano, who has since retired, sentenced Wallace to the maximum 30 years in prison.
Since then, Larizza has worked for passage of the Raynor Act, which would require life in prison for anyone convicted of manslaughter of a law enforcement officer, correctional officer or probation officer.
The bill failed to pass in the last two legislative sessions. But it appears certain to be signed into law now.
Tom Leek, R-Ormond Beach, sponsored the Senate bill, while Jessica Baker, R-Jacksonville, sponsored the House bill. Baker was a former assistant state attorney in St. Augustine for Larizza.
A Senate bill analysis and fiscal impact statement states the bill expands law enforcement officers’ protection from citizens’ “use or threatened use of force during an arrest or detention.”
Larizza’s office and the Daytona Beach Police Department had not yet responded to a request for comment from The News-Journal.
Criminal defense lawyers’ group oppose Jason Raynor Act
But the Florida Association of Criminal Defense Lawyers opposed the bill with its president, Tania Alavi, stating previously that it permits “a law enforcement officer to knowingly violate the law and then use violence against a person who resists …”
Aaron Wayt, also a member of the association, wrote in an email that prosecutors were blaming defense lawyers or juries for outcomes they did not like.
Wayt wrote: “Removing a law that says it’s wrong for officers to use force when they know what they’re doing is wrong sends the wrong message. … The Raynor Act could have been passed without requiring life in prison for all future unintended deaths and without removing a law that protects citizens from officers who use unlawful excessive force.”
The criminal defense lawyer’s group criticized Larizza saying he made a mistake by failing to include an enhancement during Wallace’s trial that would have allowed for a life sentence. Larizza has stood by decisions made in Wallace’s prosecution.
Senator says Raynor Act removes protection for civilians
Sen. Carlos Guillermo Smith, D-Orlando, voted against the bill. In a March 11 email to The News-Journal, Smith stated that he “unequivocally” condemns all violence against police and that those convicted should be punished to the full extent of the law. But he said the Raynor Act strips discretion from judges and sends a bad message.
Smith also cited Minneapolis, where federal agents shot and killed two U.S. citizens during protests against immigration enforcement.
“While this bill is well-intended and named after slain Daytona Beach Police Officer Jason Raynor, it removes a critical provision in Florida law that protects civilians from the unlawful use of force by a member of law enforcement, which has nothing to do with Officer Raynor’s case,” Smith stated.
Wallace defense lawyer criticizes Raynor Act law change
One of Wallace’s defense attorneys, Tim Pribisco, said the bill woud not make anyone safer.
“The exiting law provides clear notice to citizens and officers that resisting an officer engaged in a lawful duty is illegal …” Pribisco continued: “Citizens who are apprehensive or perhaps even combative when approached by law enforcement officers will now be on heightened alert since they have no legal ability to resist even unlawful actions of law enforcement officers. This law will exacerbate the sentiments of those with pre-existing animosity, apprehension, or anxiety towards law enforcement officers, which in turn makes citizen-police encounters less safe than before.”
This article originally appeared on The Daytona Beach News-Journal: Daytona Beach Police Officer Jason Raynor Act heads to governor
Reporting by Frank Fernandez, Daytona Beach News-Journal / The Daytona Beach News-Journal
USA TODAY Network via Reuters Connect
