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House Bill 1165e1

HB 1165, First Engrossed 1 A bill to be entitled 2 An act relating to battery of facility 3 employee; creating s. 784.078, F.S.; defining 4 "facility"; defining "employee"; defining the 5 offense of battery of facility employee by 6 throwing, tossing, or expelling certain fluids 7 or materials on an employee of a correctional 8 facility of the state or local government or a 9 secure facility operated and maintained by the 10 Department of Corrections or the Department of 11 Juvenile Justice or other facility employee, so 12 as to cause or attempt to cause such employee 13 to come into contact with the fluid or 14 material; providing penalties; providing for 15 placement of an offender on a management meal 16 program under specified circumstances; 17 providing an effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Section 784.078, Florida Statutes, is 22 created to read: 23 784.078 Battery of facility employee by throwing, 24 tossing, or expelling certain fluids or materials.-- 25 (1) As used in this section, the term "facility" means 26 a state correctional institution defined in s. 944.02(6); a 27 private correctional facility defined in s. 944.710 or under 28 chapter 957; a county, municipal, or regional jail or other 29 detention facility of local government under chapter 950 or 30 chapter 951; or a secure facility operated and maintained by 31 1 CODING: Words stricken are deletions; words underlined are additions. HB 1165, First Engrossed 1 the Department of Corrections or the Department of Juvenile 2 Justice. 3 (2)(a) As used in this section, the term "employee" 4 means any person employed by or performing contractual 5 services for a public or private entity operating a facility. 6 (b) "Employee" includes any person who is a parole 7 examiner with the Florida Parole Commission. 8 (3)(a) It is unlawful for any person, while being 9 detained in a facility and with intent to harass, annoy, 10 threaten, or alarm a person in a facility whom he or she knows 11 or reasonably should know to be an employee of such facility, 12 to cause or attempt to cause such employee to come into 13 contact with blood, masticated food, regurgitated food, 14 saliva, seminal fluid, or urine or feces, whether by throwing, 15 tossing, or expelling such fluid or material. 16 (b)1. Any person who violates paragraph (a) commits 17 battery of a facility employee, a felony of the third degree, 18 punishable as provided in s. 775.082, s. 775.083, or s. 19 775.084. 20 2. In addition to the penalties imposed under 21 subparagraph 1., the administration of a facility may place a 22 violator of paragraph (a) who is a prisoner as defined in s. 23 944.02 on a management meal program as specified by rules and 24 regulations applicable to the facility. 25 Section 2. Paragraph (d) of subsection (3) of 26 section 921.0012, Florida Statutes, is amended to read: 27 921.0012 Sentencing guidelines offense levels; offense 28 severity ranking chart.-- 29 (3) OFFENSE SEVERITY RANKING CHART 30 31 2 CODING: Words stricken are deletions; words underlined are additions. HB 1165, First Engrossed 1 Florida Felony 2 Statute Degree Description 3 4 5 6 (d) LEVEL 4 7 316.1935(2) 3rd Fleeing or attempting to elude 8 law enforcement officer resulting 9 in high-speed pursuit. 10 784.07(2)(b) 3rd Battery of law enforcement 11 officer, firefighter, intake 12 officer, etc. 13 784.075 3rd Battery on detention or 14 commitment facility staff. 15 784.078 3rd Battery of facility employee by 16 throwing, tossing, or expelling 17 certain fluids or materials. 18 784.08(2)(c) 3rd Battery on a person 65 years of 19 age or older. 20 784.081(3) 3rd Battery on specified official or 21 employee. 22 784.082(3) 3rd Battery by detained person on 23 visitor or other detainee. 24 787.03(1) 3rd Interference with custody; 25 wrongly takes child from 26 appointed guardian. 27 787.04(2) 3rd Take, entice, or remove child 28 beyond state limits with criminal 29 intent pending custody 30 proceedings. 31 3 CODING: Words stricken are deletions; words underlined are additions. HB 1165, First Engrossed 1 787.04(3) 3rd Carrying child beyond state lines 2 with criminal intent to avoid 3 producing child at custody 4 hearing or delivering to 5 designated person. 6 790.115(1) 3rd Exhibiting firearm or weapon 7 within 1,000 feet of a school. 8 790.115(2)(b) 3rd Possessing electric weapon or 9 device, destructive device, or 10 other weapon on school property. 11 790.115(2)(c) 3rd Possessing firearm on school 12 property. 13 810.02(4)(a) 3rd Burglary, or attempted burglary, 14 of an unoccupied structure; 15 unarmed; no assault or battery. 16 810.02(4)(b) 3rd Burglary, or attempted burglary, 17 of an unoccupied conveyance; 18 unarmed; no assault or battery. 19 810.06 3rd Burglary; possession of tools. 20 810.08(2)(c) 3rd Trespass on property, armed with 21 firearm or dangerous weapon. 22 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 23 or more but less than $20,000. 24 812.014 25 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, 26 firearm, motor vehicle, 27 livestock, etc. 28 817.563(1) 3rd Sell or deliver substance other 29 than controlled substance agreed 30 upon, excluding s. 893.03(5) 31 drugs. 4 CODING: Words stricken are deletions; words underlined are additions. HB 1165, First Engrossed 1 828.125(1) 2nd Kill, maim, or cause great bodily 2 harm or permanent breeding 3 disability to any registered 4 horse or cattle. 5 837.02(1) 3rd Perjury in official proceedings. 6 837.021(1) 3rd Make contradictory statements in 7 official proceedings. 8 843.025 3rd Deprive law enforcement, 9 correctional, or correctional 10 probation officer of means of 11 protection or communication. 12 843.15(1)(a) 3rd Failure to appear while on bail 13 for felony (bond estreature or 14 bond jumping). 15 874.05(1) 3rd Encouraging or recruiting another 16 to join a criminal street gang. 17 893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 18 893.03(1)(a), (b), or (d), or 19 (2)(a) or (b) drugs). 20 914.14(2) 3rd Witnesses accepting bribes. 21 914.22(1) 3rd Force, threaten, etc., witness, 22 victim, or informant. 23 914.23(2) 3rd Retaliation against a witness, 24 victim, or informant, no bodily 25 injury. 26 918.12 3rd Tampering with jurors. 27 28 Section 3. Paragraph (f) of subsection (3) of section 29 921.0012, Florida Statutes, is amended to read: 30 921.0012 Sentencing guidelines offense levels; offense 31 severity ranking chart.-- 5 CODING: Words stricken are deletions; words underlined are additions. HB 1165, First Engrossed 1 (3) OFFENSE SEVERITY RANKING CHART 2 Florida Felony 3 Statute Degree Description 4 5 6 7 (f) LEVEL 6 8 316.027(1)(b) 2nd Accident involving death, failure 9 to stop; leaving scene. 10 316.193(2)(b) 3rd Felony DUI, 4th or subsequent 11 conviction. 12 775.0875(1) 3rd Taking firearm from law 13 enforcement officer. 14 784.021(1)(a) 3rd Aggravated assault; deadly weapon 15 without intent to kill. 16 784.021(1)(b) 3rd Aggravated assault; intent to 17 commit felony. 18 784.048(3) 3rd Aggravated stalking; credible 19 threat. 20 784.07(2)(c) 2nd Aggravated assault on law 21 enforcement officer. 22 784.078 3rd Aggravated battery of facility 23 employee by throwing, tossing, or 24 expelling certain fluids or 25 materials. 26 784.08(2)(b) 2nd Aggravated assault on a person 65 27 years of age or older. 28 784.081(2) 2nd Aggravated assault on specified 29 official or employee. 30 31 6 CODING: Words stricken are deletions; words underlined are additions. HB 1165, First Engrossed 1 784.082(2) 2nd Aggravated assault by detained 2 person on visitor or other 3 detainee. 4 787.02(2) 3rd False imprisonment; restraining 5 with purpose other than those in 6 s. 787.01. 7 790.115(2)(d) 2nd Discharging firearm or weapon on 8 school property. 9 790.161(2) 2nd Make, possess, or throw 10 destructive device with intent to 11 do bodily harm or damage 12 property. 13 790.164(1) 2nd False report of deadly explosive 14 or act of arson or violence to 15 state property. 16 790.19 2nd Shooting or throwing deadly 17 missiles into dwellings, vessels, 18 or vehicles. 19 794.011(8)(a) 3rd Solicitation of minor to 20 participate in sexual activity by 21 custodial adult. 22 794.05(1) 2nd Unlawful sexual activity with 23 specified minor. 24 806.031(2) 2nd Arson resulting in great bodily 25 harm to firefighter or any other 26 person. 27 810.02(3)(c) 2nd Burglary of occupied structure; 28 unarmed; no assault or battery. 29 812.014(2)(b) 2nd Property stolen $20,000 or more, 30 but less than $100,000, grand 31 theft in 2nd degree. 7 CODING: Words stricken are deletions; words underlined are additions. HB 1165, First Engrossed 1 812.13(2)(c) 2nd Robbery, no firearm or other 2 weapon (strong-arm robbery). 3 817.034(4)(a)1. 1st Communications fraud, value 4 greater than $50,000. 5 817.4821(5) 2nd Possess cloning paraphernalia 6 with intent to create cloned 7 cellular telephones. 8 825.102(1) 3rd Abuse of an elderly person or 9 disabled adult. 10 825.102(3)(c) 3rd Neglect of an elderly person or 11 disabled adult. 12 825.1025(3) 3rd Lewd or lascivious molestation of 13 an elderly person or disabled 14 adult. 15 825.103(2)(c) 3rd Exploiting an elderly person or 16 disabled adult and property is 17 valued at $100 or more, but less 18 than $20,000. 19 827.03(1) 3rd Abuse of a child. 20 827.03(3)(c) 3rd Neglect of a child. 21 827.071(2)&(3) 2nd Use or induce a child in a sexual 22 performance, or promote or direct 23 such performance. 24 836.05 2nd Threats; extortion. 25 836.10 2nd Written threats to kill or do 26 bodily injury. 27 843.12 3rd Aids or assists person to escape. 28 914.23 2nd Retaliation against a witness, 29 victim, or informant, with bodily 30 injury. 31 8 CODING: Words stricken are deletions; words underlined are additions. HB 1165, First Engrossed 1 944.35(3)(a)2. 3rd Committing malicious battery upon 2 or inflicting cruel or inhuman 3 treatment on an inmate or 4 offender on community 5 supervision, resulting in great 6 bodily harm. 7 944.40 2nd Escapes. 8 944.46 3rd Harboring, concealing, aiding 9 escaped prisoners. 10 944.47(1)(a)5. 2nd Introduction of contraband 11 (firearm, weapon, or explosive) 12 into correctional facility. 13 951.22(1) 3rd Intoxicating drug, firearm, or 14 weapon introduced into county 15 facility. 16 Section 4. This act shall take effect October 1, 1997. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 9