House Bill 0045c1

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    Florida House of Representatives - 1999               CS/HB 45

        By the Committee on Corrections and Representatives
    Harrington, Fasano and Feeney





  1                      A bill to be entitled

  2         An act relating to correctional facilities;

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

  4         and "employee"; defining the offense of battery

  5         of facility employee by throwing, tossing, or

  6         expelling certain fluids or materials on an

  7         employee of a correctional facility of the

  8         state or local government or a secure facility

  9         operated and maintained by the Department of

10         Corrections or the Department of Juvenile

11         Justice or other facility employee, so as to

12         cause or attempt to cause such employee to come

13         into contact with the fluid or material;

14         providing penalties; amending s. 921.0022,

15         F.S.; providing for ranking the offense of

16         battery of a facility employee for purposes of

17         the Criminal Punishment Code offense severity

18         ranking chart; amending s. 945.35, F.S.;

19         providing an educational requirement for

20         correctional facility inmates on communicable

21         diseases; providing, upon the request of a

22         correctional officer or other employee or any

23         unincarcerated person lawfully present in a

24         correctional facility, for testing of such

25         persons and any inmate who may have transmitted

26         a communicable disease to such persons;

27         providing for results to be communicated to

28         affected parties; providing for access to

29         health care; providing that test results are

30         inadmissible in court cases; requiring the

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  1         department to promulgate rules; providing an

  2         effective date.

  3

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

  5

  6         Section 1.  Section 784.078, Florida Statutes, is

  7  created to read:

  8         784.078  Battery of facility employee by throwing,

  9  tossing, or expelling certain fluids or materials.--

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

11  a state correctional institution defined in s. 944.02(6); a

12  private correctional facility defined in s. 944.710 or under

13  chapter 957; a county, municipal, or regional jail or other

14  detention facility of local government under chapter 950 or

15  chapter 951; or a secure facility operated and maintained by

16  the Department of Corrections or the Department of Juvenile

17  Justice.

18         (2)(a)  As used in this section, the term "employee"

19  means any person employed by or performing contractual

20  services for a public or private entity operating a facility.

21         (b)  "Employee" includes any person who is a parole

22  examiner with the Florida Parole Commission.

23         (3)(a)  It is unlawful for any person, while being

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

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

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

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

28  contact with blood, masticated food, regurgitated food,

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

30  tossing, or expelling such fluid or material.

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

  2  battery of a facility employee, a felony of the third degree,

  3  punishable as provided in s. 775.082, s. 775.083, or s.

  4  775.084.

  5         Section 2.  Paragraph (d) of subsection (3) of section

  6  921.0022, Florida Statutes, 1998 Supplement, is amended to

  7  read:

  8         921.0022  Criminal Punishment Code; offense severity

  9  ranking chart.--

10         (3)  OFFENSE SEVERITY RANKING CHART

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12  Florida           Felony

13  Statute           Degree             Description

14

15

16                              (d)  LEVEL 4

17  316.1935(3)        2nd      Driving at high speed or with

18                              wanton disregard for safety while

19                              fleeing or attempting to elude

20                              law enforcement officer who is in

21                              a marked patrol vehicle with

22                              siren and lights activated.

23  784.07(2)(b)       3rd      Battery of law enforcement

24                              officer, firefighter, intake

25                              officer, etc.

26  784.075            3rd      Battery on detention or

27                              commitment facility staff.

28  784.078            3rd      Battery of facility employee by

29                              throwing, tossing, or expelling

30                              certain fluids or materials.

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  1  784.08(2)(c)       3rd      Battery on a person 65 years of

  2                              age or older.

  3  784.081(3)         3rd      Battery on specified official or

  4                              employee.

  5  784.082(3)         3rd      Battery by detained person on

  6                              visitor or other detainee.

  7  784.083(3)         3rd      Battery on code inspector.

  8  787.03(1)          3rd      Interference with custody;

  9                              wrongly takes child from

10                              appointed guardian.

11  787.04(2)          3rd      Take, entice, or remove child

12                              beyond state limits with criminal

13                              intent pending custody

14                              proceedings.

15  787.04(3)          3rd      Carrying child beyond state lines

16                              with criminal intent to avoid

17                              producing child at custody

18                              hearing or delivering to

19                              designated person.

20  790.115(1)         3rd      Exhibiting firearm or weapon

21                              within 1,000 feet of a school.

22  790.115(2)(b)      3rd      Possessing electric weapon or

23                              device, destructive device, or

24                              other weapon on school property.

25  790.115(2)(c)      3rd      Possessing firearm on school

26                              property.

27  810.02(4)(a)       3rd      Burglary, or attempted burglary,

28                              of an unoccupied structure;

29                              unarmed; no assault or battery.

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  1  810.02(4)(b)       3rd      Burglary, or attempted burglary,

  2                              of an unoccupied conveyance;

  3                              unarmed; no assault or battery.

  4  810.06             3rd      Burglary; possession of tools.

  5  810.08(2)(c)       3rd      Trespass on property, armed with

  6                              firearm or dangerous weapon.

  7  812.014(2)(c)3.    3rd      Grand theft, 3rd degree $10,000

  8                              or more but less than $20,000.

  9  812.014

10   (2)(c)4.-10.      3rd      Grand theft, 3rd degree, a will,

11                              firearm, motor vehicle,

12                              livestock, etc.

13  817.563(1)         3rd      Sell or deliver substance other

14                              than controlled substance agreed

15                              upon, excluding s. 893.03(5)

16                              drugs.

17  828.125(1)         2nd      Kill, maim, or cause great bodily

18                              harm or permanent breeding

19                              disability to any registered

20                              horse or cattle.

21  837.02(1)          3rd      Perjury in official proceedings.

22  837.021(1)         3rd      Make contradictory statements in

23                              official proceedings.

24  843.025            3rd      Deprive law enforcement,

25                              correctional, or correctional

26                              probation officer of means of

27                              protection or communication.

28  843.15(1)(a)       3rd      Failure to appear while on bail

29                              for felony (bond estreature or

30                              bond jumping).

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  1  874.05(1)          3rd      Encouraging or recruiting another

  2                              to join a criminal street gang.

  3  893.13(2)(a)1.     2nd      Purchase of cocaine (or other s.

  4                              893.03(1)(a), (b), or (d), or

  5                              (2)(a) or (b) drugs).

  6  914.14(2)          3rd      Witnesses accepting bribes.

  7  914.22(1)          3rd      Force, threaten, etc., witness,

  8                              victim, or informant.

  9  914.23(2)          3rd      Retaliation against a witness,

10                              victim, or informant, no bodily

11                              injury.

12  918.12             3rd      Tampering with jurors.

13         Section 3.  Section 945.35, Florida Statutes, is

14  amended to read:

15         945.35  Requirement for education on human

16  immunodeficiency virus, and acquired immune deficiency

17  syndrome, and other communicable diseases.--

18         (1)  The Department of Corrections, in conjunction with

19  the Department of Health and Rehabilitative Services, shall

20  establish a mandatory introductory and continuing education

21  program on human immunodeficiency virus, and acquired immune

22  deficiency syndrome, and other communicable diseases for all

23  inmates.  Programs shall be specifically designed for inmates

24  while incarcerated and in preparation for release into the

25  community.  Consideration shall be given to cultural and other

26  relevant differences among inmates in the development of

27  educational materials and shall include emphasis on behavior

28  and attitude change.  The education program shall be

29  continuously updated to reflect the latest medical information

30  available.

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  1         (2)  The Department of Corrections, in conjunction with

  2  the Department of Health and Rehabilitative Services, shall

  3  establish a mandatory education program on human

  4  immunodeficiency virus, and acquired immune deficiency

  5  syndrome, and other communicable diseases with an emphasis on

  6  appropriate behavior and attitude change to be offered on an

  7  annual basis to all staff in correctional facilities,

  8  including new staff.

  9         (3)  When there is evidence that an inmate, while in

10  the custody of the department, has engaged in behavior which

11  places the inmate at a high risk of transmitting or

12  contracting a human immunodeficiency disorder or other

13  communicable disease, the department may begin a testing

14  program which is consistent with guidelines of the Centers for

15  Disease Control and Prevention and recommendations of the

16  Correctional Medical Authority.  For purposes of this

17  subsection, "high-risk behavior" includes:

18         (a)  Sexual contact with any person.

19         (b)  An altercation involving exposure to body fluids.

20         (c)  The use of intravenous drugs.

21         (d)  Tattooing.

22         (e)  Any other activity medically known to transmit the

23  virus.

24         (4)  The results of such tests shall become a part of

25  that inmate's medical file, accessible only to persons

26  designated by agency rule.

27         (5)  If the department has reason to believe that an

28  inmate may have intentionally or unintentionally transmitted a

29  communicable disease to any correctional officer or any

30  employee of the department, or to any person lawfully present

31  in a correctional facility who is not incarcerated there, the

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  1  department shall, upon request of the affected correctional

  2  officer, employee, or other person, cause the inmate who may

  3  have transmitted the communicable disease to be promptly

  4  tested for its presence and communicate the results as soon as

  5  practicable to the person requesting the test be performed,

  6  and to the inmate tested if the inmate so requests.

  7         (6)  If the results of the test pursuant to subsection

  8  (5) indicate the presence of a communicable disease, the

  9  department shall provide appropriate access for counseling,

10  health care, and support services to the affected correctional

11  officer, employee, or other person, and to the inmate tested.

12         (7)  The results of a test under subsections (5) and

13  (6) are inadmissible against the person tested in any federal

14  or state civil or criminal case or proceeding.

15         (8)  The department shall promulgate rules to implement

16  subsections (5), (6), and (7).  Such rules shall require that

17  the results of any tests are communicated only to a person

18  requesting the test and the inmate tested.  Such rules shall

19  also provide for procedures designed to protect the privacy of

20  a person requesting that the test be performed and the privacy

21  of the inmate tested.

22         (9)(5)  The department shall establish policies

23  consistent with guidelines of the Centers for Disease Control

24  and Prevention and recommendations of the Correctional Medical

25  Authority on the housing, physical contact, dining,

26  recreation, and exercise hours or locations for inmates with

27  immunodeficiency disorders as are medically indicated and

28  consistent with the proper operation of its facilities.

29         (10)(6)  The department shall report to the Legislature

30  by March 1 each year as to the implementation of this program

31  and the participation by inmates and staff.

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  1         Section 4.  This act shall take effect October 1, 1999.

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