CODING: Words stricken are deletions; words underlined are additions.House Bill 0061
Florida House of Representatives - 1997 HB 61
By Representative Constantine
1 A bill to be entitled
2 An act relating to battery; creating s.
3 784.041, F.S.; defining the offense of felony
4 battery, and providing penalties therefor;
5 amending s. 921.0012, F.S., relating to
6 sentencing guidelines offense levels; providing
7 for classification of felony battery offenses
8 in the level 6 category of the offense severity
9 ranking chart; providing an effective date.
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11 Be It Enacted by the Legislature of the State of Florida:
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13 Section 1. Section 784.041, Florida Statutes, is
14 created to read:
15 784.041 Felony battery.--
16 (1) A person commits felony battery if he or she:
17 (a) Actually and intentionally touches or strikes
18 another person against the will of the other; and
19 (b) Causes great bodily harm, permanent disability, or
20 permanent disfigurement.
21 (2) A person who commits felony battery commits a
22 felony of the third degree, punishable as provided in s.
23 775.082, s. 775.083, or s. 775.084.
24 Section 2. Paragraph (f) of subsection (3) of section
25 921.0012, Florida Statutes, 1996 Supplement, is amended to
26 read:
27 921.0012 Sentencing guidelines offense levels; offense
28 severity ranking chart.--
29 (3) OFFENSE SEVERITY RANKING CHART
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Florida House of Representatives - 1997 HB 61
502-133A-97
1 Florida Felony
2 Statute Degree Description
3
4
5 (f) LEVEL 6
6 316.027(1)(b) 2nd Accident involving death, failure
7 to stop; leaving scene.
8 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
9 conviction.
10 775.0875(1) 3rd Taking firearm from law
11 enforcement officer.
12 784.021(1)(a) 3rd Aggravated assault; deadly weapon
13 without intent to kill.
14 784.021(1)(b) 3rd Aggravated assault; intent to
15 commit felony.
16 784.041 3rd Felony battery.
17 784.048(3) 3rd Aggravated stalking; credible
18 threat.
19 784.07(2)(c) 2nd Aggravated assault on law
20 enforcement officer.
21 784.08(2)(b) 2nd Aggravated assault on a person 65
22 years of age or older.
23 784.081(2) 2nd Aggravated assault on specified
24 official or employee.
25 784.082(2) 2nd Aggravated assault by detained
26 person on visitor or other
27 detainee.
28 787.02(2) 3rd False imprisonment; restraining
29 with purpose other than those in
30 s. 787.01.
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Florida House of Representatives - 1997 HB 61
502-133A-97
1 790.115(2)(d) 2nd Discharging firearm or weapon on
2 school property.
3 790.161(2) 2nd Make, possess, or throw
4 destructive device with intent to
5 do bodily harm or damage
6 property.
7 790.164(1) 2nd False report of deadly explosive
8 or act of arson or violence to
9 state property.
10 790.19 2nd Shooting or throwing deadly
11 missiles into dwellings, vessels,
12 or vehicles.
13 794.011(8)(a) 3rd Solicitation of minor to
14 participate in sexual activity by
15 custodial adult.
16 794.05(1) 2nd Unlawful sexual activity with
17 specified minor.
18 806.031(2) 2nd Arson resulting in great bodily
19 harm to firefighter or any other
20 person.
21 810.02(3)(c) 2nd Burglary of occupied structure;
22 unarmed; no assault or battery.
23 812.014(2)(b) 2nd Property stolen $20,000 or more,
24 but less than $100,000, grand
25 theft in 2nd degree.
26 812.13(2)(c) 2nd Robbery, no firearm or other
27 weapon (strong-arm robbery).
28 817.034(4)(a)1. 1st Communications fraud, value
29 greater than $50,000.
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Florida House of Representatives - 1997 HB 61
502-133A-97
1 817.4821(5) 2nd Possess cloning paraphernalia
2 with intent to create cloned
3 cellular telephones.
4 825.102(1) 3rd Abuse of an elderly person or
5 disabled adult.
6 825.102(3)(c) 3rd Neglect of an elderly person or
7 disabled adult.
8 825.1025(3) 3rd Lewd or lascivious molestation of
9 an elderly person or disabled
10 adult.
11 825.103(2)(c) 3rd Exploiting an elderly person or
12 disabled adult and property is
13 valued at $100 or more, but less
14 than $20,000.
15 827.03(1) 3rd Abuse of a child.
16 827.03(3)(c) 3rd Neglect of a child.
17 827.071(2)&(3) 2nd Use or induce a child in a sexual
18 performance, or promote or direct
19 such performance.
20 836.05 2nd Threats; extortion.
21 836.10 2nd Written threats to kill or do
22 bodily injury.
23 843.12 3rd Aids or assists person to escape.
24 914.23 2nd Retaliation against a witness,
25 victim, or informant, with bodily
26 injury.
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Florida House of Representatives - 1997 HB 61
502-133A-97
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 3. This act shall take effect October 1, 1997,
17 and shall apply to offenses committed on or after that date.
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19 *****************************************
20 HOUSE SUMMARY
21
Defines the offense of felony battery, and provides
22 penalties therefor. Provides for classification of
felony battery offenses in the level 6 category of the
23 offense severity ranking chart.
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