Bill Text: FL H0567 | 2010 | Regular Session | Introduced

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Bill Title: Assault and Battery

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Health Care Services Policy (HFPC) [H0567 Detail]

Download: Florida-2010-H0567-Introduced.html

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HB 567

1	A bill to be entitled
2	An act relating to assault and battery; creating s.
3	784.071, F.S.; providing for the upgrading of the degree
4	of specified assault and battery offenses committed
5	against specified persons based on their position or
6	employment; providing for sentencing; providing for
7	additional imprisonment in certain circumstances;
8	prohibiting gain-time and discretionary early release for
9	offenders; providing an exception; providing an effective
10	date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1. Section 784.071, Florida Statutes, is created
15	to read:
16	784.071 Assault or battery on social workers and other
17	specified persons.-
18	(1)(a) Whenever a person is charged with committing an
19	assault or aggravated assault or a battery or aggravated battery
20	upon a person who is licensed under chapter 490 or chapter 491
21	or is a social worker as described in s. 491.016(2) and when the
22	person committing the offense knows or has reason to know the
23	identity or position or employment of the victim and at the time
24	of the incident the victim is in the course of performing his or
25	her duties in that position or employment or the incident is
26	related to that position or employment, the offense for which
27	the person is charged shall be reclassified as follows:
28	1. In the case of assault, from a misdemeanor of the
29	second degree to a misdemeanor of the first degree.
30	2. In the case of battery, from a misdemeanor of the first
31	degree to a felony of the third degree.
32	3. In the case of aggravated assault, from a felony of the
33	third degree to a felony of the second degree.
34	4. In the case of aggravated battery, from a felony of the
35	second degree to a felony of the first degree.
36	(b) Notwithstanding any other provision of law, any person
37	convicted of aggravated assault or aggravated battery of a
38	person defined in paragraph (a) shall be fined not more than
39	$10,000, shall be ordered by the sentencing judge to make
40	restitution to the victim of such offense and perform up to 500
41	hours of community service work, and, except as provided in
42	subsection (2), shall be sentenced to a minimum term of
43	imprisonment of 5 years. Restitution and community service work
44	shall be in addition to any fine or sentence which may be
45	imposed and shall not be in lieu thereof.
46	(2) Any person who is convicted of a battery under
47	subparagraph (1)(a)2. and, during the commission of the offense,
48	possessed:
49	(a) A "firearm" or "destructive device" as those terms are
50	defined in s. 790.001, shall be sentenced to a minimum term of
51	imprisonment of 3 years in addition to that provided in
52	subsection (1).
53	(b) A semiautomatic firearm and its high-capacity
54	detachable box magazine, as defined in s. 775.087(3), or a
55	machine gun as defined in s. 790.001, shall be sentenced to a
56	minimum term of imprisonment of 8 years in addition to that
57	provided in subsection (1).
58	(3) Notwithstanding s. 948.01, adjudication of guilt or
59	imposition of sentence shall not be suspended, deferred, or
60	withheld, and the defendant is not eligible for statutory gain-
61	time under s. 944.275 or any form of discretionary early
62	release, other than pardon or executive clemency, or conditional
63	medical release under s. 947.149, prior to serving the minimum
64	sentence.
65	Section 2. This act shall take effect October 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.