House Bill hb1395

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    Florida House of Representatives - 2002                HB 1395

        By the Council for Healthy Communities and Representatives
    Fasano and Needelman





  1                      A bill to be entitled

  2         An act relating to sentencing; reenacting

  3         sections 4 and 12 of chapter 99-188, Laws of

  4         Florida; amending s. 784.07, F.S.; providing

  5         minimum terms of imprisonment for persons

  6         convicted of aggravated assault or aggravated

  7         battery of a law enforcement officer; requiring

  8         the Governor to place public service

  9         announcements explaining the provisions of this

10         act; provides for retroactive application of

11         the reenacted provisions; further amending s.

12         784.07, F.S., to incorporate amendments

13         contained in chapters 99-3 and 99-248, Laws of

14         Florida, to correct a cross reference;

15         providing an effective date.

16

17         WHEREAS, in 1999 the Legislature adopted chapter

18  99-188, Laws of Florida, with the primary motivation of

19  reducing crime in this state and to protect the public from

20  violent criminals through the adoption of enhanced and

21  mandatory sentences for violent and repeat offenders, for

22  persons involved in drug-related crimes, committing aggravated

23  battery or aggravated assault on law enforcement personnel or

24  the elderly, and for persons committing criminal acts while in

25  prison or while having escaped from prison, and

26         WHEREAS, a three-judge panel of the District Court of

27  Appeal of Florida, Second District, has issued a nonfinal

28  opinion declaring chapter 99-188, Laws of Florida,

29  unconstitutional as a violation of the requirement in Section

30  6, Article III of the Florida Constitution that "every law

31  shall embrace but one subject and matter properly connected

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  1  therewith. . .", finding that the addition of two minor

  2  provisions relating to burglary of railroad vehicles and the

  3  provision of sentencing documents relative to aliens to the

  4  Immigration and Naturalization Service were not matters

  5  properly connected with the subject of the 1999 act, which was

  6  "sentencing," and

  7         WHEREAS, the nonfinal ruling on this matter was issued

  8  while the Legislature was in session, and

  9         WHEREAS, the Attorney General, on behalf of the people

10  of the State of Florida, has indicated a determination to seek

11  rehearing, en banc, of this matter, and

12         WHEREAS, a final opinion by the District Court of

13  Appeal of Florida, Second District, declaring chapter 99-188,

14  Laws of Florida, to have been in violation of Section 6,

15  Article III of the Florida Constitution would be subject to

16  appeal by the state to the Florida Supreme Court, and

17         WHEREAS, in its nonfinal ruling, the panel of the

18  District Court of Appeal of Florida, Second District, has

19  certified its decision as passing on two questions of great

20  public importance with respect to chapter 99-188, Laws of

21  Florida, further invoking the jurisdiction of the Florida

22  Supreme Court, and

23         WHEREAS, the final resolution as to the

24  constitutionality of chapter 99-188, Laws of Florida, remains

25  uncertain, and is unlikely to be finally determined by the

26  judicial system, while the 2002 legislative session is in

27  progress, and

28         WHEREAS, the legislative action to correct the effect

29  of this ruling forthwith is essential to public safety and

30  cannot await a final resolution by the District Court of

31  Appeal and the Florida Supreme Court, and

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    Florida House of Representatives - 2002                HB 1395

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  1         WHEREAS, the Legislature, only out of an abundance of

  2  caution due to tentative posture of the law while it awaits

  3  final resolution by the District Court of Appeal and the

  4  Florida Supreme Court, has prepared five separate bills to

  5  reenact selected provisions of chapter 99-188, Laws of

  6  Florida, all of which relate to the single general issue of

  7  sentencing in criminal cases, and

  8         WHEREAS, the Legislature does not intend the division

  9  of these bills relating to sentencing as any kind of

10  legislative acknowledgement that said bills could not or

11  should not be joined together in a single bill in full

12  compliance with Section 6, Article III of the Florida

13  Constitution, NOW THEREFORE,

14

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

16

17         Section 1.  Sections 4 and 12 of chapter 99-188, Laws

18  of Florida, are reenacted to read:

19         Section 4.  Paragraphs (c) and (d) of subsection (2) of

20  section 784.07, Florida Statutes, 1998 Supplement, are amended

21  to read:

22         784.07  Assault or battery of law enforcement officers,

23  firefighters, emergency medical care providers, public transit

24  employees or agents, or other specified officers;

25  reclassification of offenses; minimum sentences.--

26         (2)  Whenever any person is charged with knowingly

27  committing an assault or battery upon a law enforcement

28  officer, a firefighter, an emergency medical care provider, a

29  traffic accident investigation officer as described in s.

30  316.640, a traffic infraction enforcement officer as described

31  in s. 318.141, a parking enforcement specialist as defined in

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  1  s. 316.640, or a security officer employed by the board of

  2  trustees of a community college, while the officer,

  3  firefighter, emergency medical care provider, intake officer,

  4  traffic accident investigation officer, traffic infraction

  5  enforcement officer, parking enforcement specialist, public

  6  transit employee or agent, or security officer is engaged in

  7  the lawful performance of his or her duties, the offense for

  8  which the person is charged shall be reclassified as follows:

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

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

11  Notwithstanding any other provision of law, any person

12  convicted of aggravated assault upon a law enforcement officer

13  shall be sentenced to a minimum term of imprisonment of 3

14  years.

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

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

17  Notwithstanding any other provision of law, any person

18  convicted of aggravated battery of a law enforcement officer

19  shall be sentenced to a minimum term of imprisonment of 5

20  years.

21         Section 12.  In order to inform the public and to deter

22  and prevent crime in the state, the Executive Office of the

23  Governor shall place public service announcements in visible

24  local media throughout the state explaining the penalties

25  provided in this act.

26         Section 2.  Subsection (2) of section 784.07, Florida

27  Statutes, as amended by section 4 of chapter 99-188, Laws of

28  Florida, and as reenacted by section 1 of this act, is further

29  amended to read:

30         784.07  Assault or battery of law enforcement officers,

31  firefighters, emergency medical care providers, public transit

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    Florida House of Representatives - 2002                HB 1395

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  1  employees or agents, or other specified officers;

  2  reclassification of offenses; minimum sentences.--

  3         (2)  Whenever any person is charged with knowingly

  4  committing an assault or battery upon a law enforcement

  5  officer, a firefighter, an emergency medical care provider, a

  6  traffic accident investigation officer as described in s.

  7  316.640, a traffic infraction enforcement officer as described

  8  in s. 316.640 s. 318.141, a parking enforcement specialist as

  9  defined in s. 316.640, or a security officer employed by the

10  board of trustees of a community college, while the officer,

11  firefighter, emergency medical care provider, intake officer,

12  traffic accident investigation officer, traffic infraction

13  enforcement officer, parking enforcement specialist, public

14  transit employee or agent, or security officer is engaged in

15  the lawful performance of his or her duties, the offense for

16  which the person is charged shall be reclassified as follows:

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

18  second degree to a misdemeanor of the first degree.

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

20  first degree to a felony of the third degree.

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

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

23  Notwithstanding any other provision of law, any person

24  convicted of aggravated assault upon a law enforcement officer

25  shall be sentenced to a minimum term of imprisonment of 3

26  years.

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

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

29  Notwithstanding any other provision of law, any person

30  convicted of aggravated battery of a law enforcement officer

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    Florida House of Representatives - 2002                HB 1395

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  1  shall be sentenced to a minimum term of imprisonment of 5

  2  years.

  3         Section 3.  The provisions reenacted by this act shall

  4  be applied retroactively to July 1, 1999, or as soon

  5  thereafter as the Constitution of the State of Florida and the

  6  Constitution of the United States may permit.

  7         Section 4.  This act shall take effect upon becoming a

  8  law.

  9

10            *****************************************

11                          HOUSE SUMMARY

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      Reenacts provisions of chapter 99-188, Laws of Florida,
13    which provide for minimum mandatory terms of imprisonment
      for aggravated assault or aggravated battery against a
14    law enforcement officer.

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