Senate Bill sb0434

    Florida Senate - 2004                                   SB 434

    By Senator Campbell





    32-212-04

  1                      A bill to be entitled

  2         An act relating to protective injunctions;

  3         amending s. 784.047, F.S.; increasing the

  4         penalty for a violation of a protective

  5         injunction against repeat violence, sexual

  6         violence, dating violence, or domestic

  7         violence; providing that it is a third-degree

  8         felony to commit a crime against the property

  9         of a petitioner or a protected person in

10         violation of a protective injunction; providing

11         an effective date.

12  

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

14  

15         Section 1.  Section 784.047, Florida Statutes, is

16  amended to read:

17         784.047  Penalties for violating protective injunction

18  against violators.--A person who willfully violates an

19  injunction for protection against domestic violence issued

20  pursuant to s. 741.30; an injunction for protection against

21  repeat violence, sexual violence, or dating violence, issued

22  pursuant to s. 784.046;, or a foreign protection order

23  accorded full faith and credit pursuant to s. 741.315 by:

24         (1)  Refusing to vacate the dwelling that the parties

25  share;

26         (2)  Going to the petitioner's residence, school, place

27  of employment, or a specified place frequented regularly by

28  the petitioner and any named family or household member;

29         (3)  Committing an act of repeat violence or dating

30  violence against the petitioner;

31  

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






    Florida Senate - 2004                                   SB 434
    32-212-04




 1         (4)  Committing any other violation of the injunction

 2  through an intentional unlawful threat, word, or act to do

 3  violence to the petitioner; or

 4         (5)  Telephoning, contacting, or otherwise

 5  communicating with the petitioner directly or indirectly,

 6  unless the injunction specifically allows indirect contact

 7  through a third party,;

 8  

 9  commits a felony misdemeanor of the second first degree,

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

11  775.084.

12         (6)  Committing a crime against the property of the

13  petitioner or other protected person commits a felony of the

14  third degree, punishable as provided in s. 775.082, s.

15  775.083, or s. 775.084.

16         Section 2.  This act shall take effect July 1, 2004.

17  

18            *****************************************

19                          SENATE SUMMARY

20    Increases the penalty for a violation of a protective
      injunction against repeat violence, sexual violence,
21    dating violence, or domestic violence from a first-degree
      misdemeanor to a second-degree felony. Provides that it
22    is a third-degree felony to commit a crime against the
      property of a petitioner or a protected person in
23    violation of a protective injunction.

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