Senate Bill sb1964

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    Florida Senate - 2001                                  SB 1964

    By Senator Crist





    13-721C-01

  1                      A bill to be entitled

  2         An act relating to assault and battery;

  3         creating s. 784.074, F.S.; providing enhanced

  4         penalties for the offenses of assault, battery,

  5         aggravated assault, or aggravated battery on a

  6         security officer licensed by the Department of

  7         State or on an investigator employed by the

  8         Bureau of Regulation and Enforcement of the

  9         Department of State; providing definitions;

10         specifying minimum terms of imprisonment;

11         providing that a person convicted of a

12         violation under the act may not have

13         adjudication of guilt or imposition of sentence

14         suspended or withheld; providing that such

15         person is ineligible for early release, except

16         under certain circumstances; amending s.

17         784.081, F.S.; increasing penalties for an

18         assault or battery committed against a

19         municipal or county parks or recreation

20         department employee; providing an effective

21         date.

22

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

24

25         Section 1.  Section 784.074, Florida Statutes, is

26  created to read:

27         784.074  Assault or battery of a security officer or

28  investigator licensed or employed by the Department of State

29  or licensed under chapter 493; reclassification of offenses;

30  minimum sentences.--

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    Florida Senate - 2001                                  SB 1964
    13-721C-01




  1         (1)  As used in this section, the term "security

  2  officer" means an individual licensed under chapter 493 who,

  3  for consideration, provides or advertises as providing

  4  bodyguard services or otherwise guards persons or property;

  5  attempts to prevent theft or unlawful taking of goods, wares,

  6  and merchandise; or attempts to prevent the misappropriation

  7  or concealment of goods, wares or merchandise, money, bonds,

  8  stocks, choses in action, notes, or other documents, papers,

  9  and articles of value or procurement of the return thereof.

10  The term also includes armored car personnel and personnel

11  engaged in transporting prisoners.

12         (2)  Whenever any person is charged with knowingly

13  committing an assault or battery upon a security officer who

14  is licensed by the Department of State under chapter 493, or

15  upon an investigator employed by the Bureau of Regulation and

16  Enforcement of the Division of Licensing within the Department

17  of State, while the officer or investigator is engaged in the

18  lawful performance of his or her duties, the offense for which

19  the person is charged shall be reclassified as follows:

20         (a)  In the case of assault, from a misdemeanor of the

21  second degree to a misdemeanor of the first degree.

22         (b)  In the case of battery, from a misdemeanor of the

23  first degree to a felony of the third degree.

24         (c)  In the case of aggravated assault, from a felony

25  of the third degree to a felony of the second degree.

26  Notwithstanding any other law, any person convicted of

27  aggravated assault under this section shall be sentenced to a

28  minimum term of imprisonment of 3 years.

29         (d)  In the case of aggravated battery, from a felony

30  of the second degree to a felony of the first degree.

31  Notwithstanding any other law, any person convicted of

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    Florida Senate - 2001                                  SB 1964
    13-721C-01




  1  aggravated battery under this section shall be sentenced to a

  2  minimum term of imprisonment of 5 years.

  3         (3)  Any person who is convicted of a battery under

  4  paragraph (2)(b) and, during the commission of the offense,

  5  had in his or her possession:

  6         (a)  A "firearm" or "destructive device" as those terms

  7  are defined in s. 790.001, shall be sentenced to a minimum

  8  term of imprisonment of 3 years.

  9         (b)  A semiautomatic firearm and its high-capacity

10  detachable box magazine, as defined in s. 775.087(3), or a

11  machine gun as defined in s. 790.001, shall be sentenced to a

12  minimum term of imprisonment of 8 years.

13

14  Notwithstanding s. 948.01, adjudication of guilt or imposition

15  of sentence may not be suspended, deferred, or withheld, and

16  the defendant is ineligible for statutory gain-time under s.

17  944.275 or any form of discretionary early release, other than

18  pardon, executive clemency, or conditional medical release

19  under s. 947.149, prior to serving the minimum sentence.

20         Section 2.  Section 784.081, Florida Statutes, is

21  amended to read:

22         784.081  Assault or battery on specified officials or

23  employees; reclassification of offenses.--Whenever a person is

24  charged with committing an assault or aggravated assault or a

25  battery or aggravated battery upon any elected official or

26  employee of: a school district; a private school; the Florida

27  School for the Deaf and the Blind; a university developmental

28  research school; a state university or any other entity of the

29  state system of public education, as defined in s. 228.041; a

30  municipal or county parks or recreation department; or an

31  employee or protective investigator of the Department of

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    Florida Senate - 2001                                  SB 1964
    13-721C-01




  1  Children and Family Services, when the person committing the

  2  offense knows or has reason to know the identity or position

  3  or employment of the victim, the offense for which the person

  4  is charged shall be reclassified as follows:

  5         (1)  In the case of aggravated battery, from a felony

  6  of the second degree to a felony of the first degree.

  7         (2)  In the case of aggravated assault, from a felony

  8  of the third degree to a felony of the second degree.

  9         (3)  In the case of battery, from a misdemeanor of the

10  first degree to a felony of the third degree.

11         (4)  In the case of assault, from a misdemeanor of the

12  second degree to a misdemeanor of the first degree.

13         Section 3.  This act shall take effect October 1, 2001.

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15            *****************************************

16                          SENATE SUMMARY

17    Provides enhanced sanctions for an assault, battery,
      aggravated assault, or aggravated battery that is
18    committed against a security officer who is licensed by
      the Department of State or against an investigator
19    employed by the Bureau of Regulation and Enforcement of
      the Department of State. Requires that a person convicted
20    of violating the act be sentenced to certain minimum
      terms of imprisonment. Provides additional minimum terms
21    of imprisonment if a person convicted under the act
      possessed a firearm or other destructive device while
22    committing the offense. Prohibits the court from
      suspending or withholding adjudication of guilt or
23    imposition of sentence. Provides for the reclassification
      of offenses when an assault or battery is committed
24    against an employee of a municipal or county parks or
      recreation department. (See bill for details.)
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