|
|||
| 1 | A bill to be entitled | ||
| 2 | An act relating to teacher protection and respect; | ||
| 3 | providing a popular name; creating s. 784.071, F.S.; | ||
| 4 | providing enhanced penalties for assault or battery of a | ||
| 5 | teacher or educator, as defined in the act; providing an | ||
| 6 | additional penalty for a person who has had one prior | ||
| 7 | conviction for battery, aggravated battery, or felony | ||
| 8 | battery on a teacher or educator; authorizing law | ||
| 9 | enforcement officers to make an arrest for certain | ||
| 10 | violations even when the violation did not occur in the | ||
| 11 | presence of the officer; providing an effective date. | ||
| 12 | |||
| 13 | Be It Enacted by the Legislature of the State of Florida: | ||
| 14 | |||
| 15 | Section 1.Popular name.--This act shall be known by the | ||
| 16 | popular name the “Teacher Protection and Respect Act.” | ||
| 17 | Section 2. Section 784.071, Florida Statutes, is created | ||
| 18 | to read: | ||
| 19 | 784.071 Assault or battery on teachers or educators; | ||
| 20 | definition; reclassification of offenses.-- | ||
| 21 | (1) The term "teacher or educator" means a teacher, | ||
| 22 | professor, adjunct professor, instructor, or substitute teacher | ||
| 23 | of any public or private school, college, university, or | ||
| 24 | institution recognized as a provider of educational services | ||
| 25 | performing his or her duties of instructing children or adults | ||
| 26 | for the purpose of providing an education. | ||
| 27 | (2) Whenever a person is charged with committing an | ||
| 28 | assault or aggravated assault or a battery or aggravated battery | ||
| 29 | upon any teacher or educator, when the person committing the | ||
| 30 | offense knows or has reason to know the identity, position, or | ||
| 31 | employment of the victim, the offense for which the person is | ||
| 32 | charged shall be reclassified as follows: | ||
| 33 | (a) In the case of aggravated battery, from a felony of | ||
| 34 | the second degree to a felony of the first degree. | ||
| 35 | (b) In the case of aggravated assault, from a felony of | ||
| 36 | the third degree to a felony of the second degree. | ||
| 37 | (c) In the case of battery, from a misdemeanor of the | ||
| 38 | first degree to a felony of the third degree. | ||
| 39 | (d) In the case of assault, from a misdemeanor of the | ||
| 40 | second degree to a misdemeanor of the first degree. | ||
| 41 | |||
| 42 | A person who has one prior conviction for battery, aggravated | ||
| 43 | battery, or felony battery and who commits a second or | ||
| 44 | subsequent battery commits a felony of the second degree, | ||
| 45 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. | ||
| 46 | For the purposes of this section, “conviction” means a | ||
| 47 | determination of guilt that is the result of a plea or trial, | ||
| 48 | regardless of whether adjudication is withheld or a plea of nolo | ||
| 49 | contendere is entered. Law enforcement officers are hereby | ||
| 50 | authorized to arrest a person under the provisions of this | ||
| 51 | section when the person committing the offense knows or has | ||
| 52 | reason to know the identity, position, or employment of the | ||
| 53 | victim and the law enforcement officer may make such an arrest | ||
| 54 | even when the offense of assault or battery was not committed in | ||
| 55 | the presence of the officer and would be a misdemeanor. | ||
| 56 | Section 3. This act shall take effect October 1, 2003. | ||
| 57 | |||