HB 1721CS

CHAMBER ACTION




2The Committee on Public Safety & Crime Prevention recommends the
3following:
4
5     Committee Substitute
6     Remove the entire bill and insert:
7
A bill to be entitled
8An act relating to protective injunctions; amending s.
9741.31, F.S.; increasing the criminal penalty for certain
10violations of protective injunctions against domestic
11violence from a misdemeanor of the first degree to a felony
12of the second degree; amending s. 784.047, F.S.; increasing
13the criminal penalty for certain violations of protective
14injunctions against repeat violence, sexual violence, or
15dating violence from a misdemeanor of the first degree to a
16felony of the third degree; providing that it is a third-
17degree felony to commit a crime against the property of a
18petitioner or a protected person in violation of such
19protective injunctions; reenacting s. 901.15(6) and (7),
20F.S., relating to circumstances under which an arrest
21without warrant is lawful, for the purpose of incorporating
22the amendments to ss. 741.31 and 784.047, F.S., in
23references thereto; providing applicability; providing an
24effective date.
25
26Be It Enacted by the Legislature of the State of Florida:
27
28     Section 1.  Subsection (4) of section 741.31, Florida
29Statutes, is amended to read:
30     741.31  Violation of an injunction for protection against
31domestic violence.--
32     (4)(a)  A person who willfully violates an injunction for
33protection against domestic violence issued pursuant to s.
34741.30, or a foreign protection order accorded full faith and
35credit pursuant to s. 741.315, by:
36     1.  Refusing to vacate the dwelling that the parties share;
37     2.  Going to, or being within 500 feet of, the petitioner's
38residence, school, place of employment, or a specified place
39frequented regularly by the petitioner and any named family or
40household member;
41     3.  Committing an act of domestic violence against the
42petitioner;
43     4.  Committing any other violation of the injunction
44through an intentional unlawful threat, word, or act to do
45violence to the petitioner;
46     5.  Telephoning, contacting, or otherwise communicating
47with the petitioner directly or indirectly, unless the
48injunction specifically allows indirect contact through a third
49party;
50     6.  Knowingly and intentionally coming within 100 feet of
51the petitioner's motor vehicle, whether or not that vehicle is
52occupied;
53     7.  Defacing or destroying the petitioner's personal
54property, including the petitioner's motor vehicle; or
55     8.  Refusing to surrender firearms or ammunition if ordered
56to do so by the court
57
58commits a felony misdemeanor of the second first degree,
59punishable as provided in s. 775.082, or s. 775.083, or s.
60775.084.
61     (b)  A person who willfully violates an injunction for
62protection against domestic violence by committing a crime
63against the property of the petitioner or other protected person
64commits a felony of the third degree, punishable as provided in
65s. 775.082, s. 775.083, or s. 775.084.
66     (c)(b)1.  It is a violation of s. 790.233, and a
67misdemeanor of the first degree, punishable as provided in s.
68775.082 or s. 775.083, for a person to violate a final
69injunction for protection against domestic violence by having in
70his or her care, custody, possession, or control any firearm or
71ammunition.
72     2.  It is the intent of the Legislature that the
73disabilities regarding possession of firearms and ammunition are
74consistent with federal law. Accordingly, this paragraph shall
75not apply to a state or local officer as defined in s.
76943.10(14), holding an active certification, who receives or
77possesses a firearm or ammunition for use in performing official
78duties on behalf of the officer's employing agency, unless
79otherwise prohibited by the employing agency.
80     Section 2.  Section 784.047, Florida Statutes, is amended
81to read:
82     784.047  Penalties for violating protective injunction
83against violators.--
84     (1)  A person who willfully violates an injunction for
85protection against repeat violence, sexual violence, or dating
86violence, issued pursuant to s. 784.046, or a foreign protection
87order accorded full faith and credit pursuant to s. 741.315, by:
88     (a)(1)  Refusing to vacate the dwelling that the parties
89share;
90     (b)(2)  Going to the petitioner's residence, school, place
91of employment, or a specified place frequented regularly by the
92petitioner and any named family or household member;
93     (c)(3)  Committing an act of repeat violence or dating
94violence against the petitioner;
95     (d)(4)  Committing any other violation of the injunction
96through an intentional unlawful threat, word, or act to do
97violence to the petitioner; or
98     (e)(5)  Telephoning, contacting, or otherwise communicating
99with the petitioner directly or indirectly, unless the
100injunction specifically allows indirect contact through a third
101party,;
102
103commits a felony misdemeanor of the second first degree,
104punishable as provided in s. 775.082, or s. 775.083, or s.
105775.084.
106     (2)  A person who willfully violates an injunction for
107protection against repeat violence, sexual violence, or dating
108violence by committing a crime against the property of the
109petitioner or other protected person commits a felony of the
110third degree, punishable as provided in s. 775.082, s. 775.083,
111or s. 775.084.
112     Section 3.  For the purpose of incorporating the amendments
113to sections 741.31 and 784.047, Florida Statutes, in references
114thereto, subsections (6) and (7) of section 901.15, Florida
115Statutes, are reenacted to read:
116     901.15  When arrest by officer without warrant is lawful.--
117A law enforcement officer may arrest a person without a warrant
118when:
119     (6)  There is probable cause to believe that the person has
120committed a criminal act according to s. 790.233 or according to
121s. 741.31 or s. 784.047 which violates an injunction for
122protection entered pursuant to s. 741.30 or s. 784.046, or a
123foreign protection order accorded full faith and credit pursuant
124to s. 741.315, over the objection of the petitioner, if
125necessary.
126     (7)  There is probable cause to believe that the person has
127committed an act of domestic violence, as defined in s. 741.28.
128The decision to arrest shall not require consent of the victim
129or consideration of the relationship of the parties. It is the
130public policy of this state to strongly discourage arrest and
131charges of both parties for domestic violence on each other and
132to encourage training of law enforcement and prosecutors in this
133area. A law enforcement officer who acts in good faith and
134exercises due care in making an arrest under this subsection,
135under s. 741.31(4) or s. 784.047, or pursuant to a foreign order
136of protection accorded full faith and credit pursuant to s.
137741.315, is immune from civil liability that otherwise might
138result by reason of his or her action.
139     Section 4.  This act shall take effect July 1, 2004, and
140shall apply to offenses committed on or after that date.


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