Senate Bill 0246

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


    Florida Senate - 1999                                   SB 246

    By Senator Mitchell





    4-520A-99

  1                      A bill to be entitled

  2         An act relating to offenses committed against

  3         minors; amending s. 827.03, F.S.; providing

  4         that the offense of child abuse includes any

  5         act of domestic violence committed by a

  6         caregiver in the presence of a minor child;

  7         creating s. 827.035, F.S.; requiring that a

  8         parent, guardian, or caregiver be sentenced to

  9         death or life imprisonment for committing an

10         act of physical abuse against a minor child of

11         the parent, guardian, or caregiver which

12         results in the child's death; providing an

13         effective date.

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

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17         Section 1.  Subsection (1) of section 827.03, Florida

18  Statutes, is amended to read:

19         827.03  Abuse, aggravated abuse, and neglect of a

20  child; penalties.--

21         (1)  "Child abuse" means:

22         (a)  Intentional infliction of physical or mental

23  injury upon a child;

24         (b)  Any act of domestic violence, as defined in s.

25  25.385, which is committed by a caregiver in the presence of a

26  child;

27         (c)(b)  An intentional act that could reasonably be

28  expected to result in physical or mental injury to a child; or

29         (d)(c)  Active encouragement of any person to commit an

30  act that results or could reasonably be expected to result in

31  physical or mental injury to a child.

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






    Florida Senate - 1999                                   SB 246
    4-520A-99




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  2  A person who knowingly or willfully abuses a child without

  3  causing great bodily harm, permanent disability, or permanent

  4  disfigurement to the child commits a felony of the third

  5  degree, punishable as provided in s. 775.082, s. 775.083, or

  6  s. 775.084.

  7         Section 2.  Section 827.035, Florida Statutes, is

  8  created to read:

  9         827.035  Death of a child resulting from physical

10  abuse.--Notwithstanding any other law, if a child dies as a

11  direct result of any act of physical abuse committed against

12  the child by the child's parent, legal guardian, or caregiver,

13  the parent, legal guardian, or caregiver shall be sentenced to

14  death or life imprisonment.

15         Section 3.  This act shall take effect October 1, 1999.

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18                          SENATE SUMMARY

19    Provides that the offense of child abuse includes an act
      of domestic violence if the act is committed in the
20    presence of a minor child. Requires that a parent, legal
      guardian, or caregiver be sentenced to death or life
21    imprisonment if the parent, legal guardian, or caregiver
      commits an act of physical abuse against a minor child
22    and the child dies as a direct result of the physical
      abuse.
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