CODING: Words stricken are deletions; words underlined are additions.
House Bill 1165




    Florida House of Representatives - 1997                HB 1165

        By Representative Harrington






  1                      A bill to be entitled

  2         An act relating to aggravated battery; creating

  3         s. 784.078, F.S.; defining "facility"; defining

  4         the offense of aggravated battery by throwing,

  5         tossing, or expelling certain fluids or

  6         materials on an employee of a correctional

  7         facility of the state or local government or a

  8         secure facility operated and maintained by the

  9         Department of Corrections or the Department of

10         Juvenile Justice, so as to cause or attempt to

11         cause such employee to come into contact with

12         the fluid or material; providing penalties;

13         providing for placement of an offender on a

14         management meal program under specified

15         circumstances; providing an effective date.

16

17  Be It Enacted by the Legislature of the State of Florida:

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19         Section 1.  Section 784.078, Florida Statutes, is

20  created to read:

21         784.078  Aggravated battery of facility employee by

22  throwing, tossing, or expelling certain fluids or materials.--

23         (1)  As used in this section, the term "facility" means

24  a state correctional institution; a county, municipal, or

25  regional jail or other detention facility of local government

26  under chapter 950 or chapter 951; or a secure facility

27  operated and maintained by the Department of Corrections or

28  the Department of Juvenile Justice.

29         (2)(a)  It is unlawful for any person, while being

30  detained in a facility and with intent to harass, annoy,

31  threaten, or alarm a person in a facility whom he or she knows

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






    Florida House of Representatives - 1997                HB 1165

    581-105-97






  1  or reasonably should know to be an employee of such facility,

  2  to cause or attempt to cause such employee to come into

  3  contact with blood, masticated food, regurgitated food,

  4  saliva, seminal fluid, or urine or feces, whether by throwing,

  5  tossing, or expelling such fluid or material.

  6         (b)1.  Any person who violates paragraph (a) commits

  7  aggravated battery of a facility employee, a felony of the

  8  third degree, punishable as provided in s. 775.082, s.

  9  775.083, or s. 775.084.

10         2.  In addition to the penalties imposed under

11  subparagraph 1., the administration of a facility may place a

12  violator of paragraph (a) who is a prisoner as defined in s.

13  944.02 on a management meal program as specified by rules and

14  regulations applicable to the facility.

15         Section 2.  This act shall take effect October 1, 1997.

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17            *****************************************

18                          HOUSE SUMMARY

19
      Defines "facility."  Defines the offense of aggravated
20    battery by throwing, tossing, or expelling certain fluids
      or materials on an employee of a correctional facility of
21    the state or local government, or a secure facility
      operated and maintained by the Department of Corrections
22    or the Department of Juvenile Justice, so as to cause or
      attempt to cause such employee to come into contact with
23    the fluid or material.  Provides penalties.  Provides for
      placement of an offender on a management meal program
24    under specified circumstances.

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