| 1 | The Criminal Justice Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to domestic violence; amending s. 741.28, |
| 7 | F.S.; correcting a cross reference; amending s. 741.283, |
| 8 | F.S.; requiring a court to sentence a person to serve a |
| 9 | specified minimum number of days in the county jail if the |
| 10 | person is adjudicated guilty of the crime of domestic |
| 11 | violence and in the commission of the offense deprived a |
| 12 | family or household member of communication services; |
| 13 | creating s. 741.311, F.S.; defining the term |
| 14 | "communication services"; prohibiting a person from |
| 15 | depriving a family or household member of the use of |
| 16 | communication services in the course of committing |
| 17 | domestic violence; reclassifying the offense if a person |
| 18 | is adjudicated guilty of a crime in the course of |
| 19 | committing domestic violence, and during the time the |
| 20 | crime was committed, deprived a family or household member |
| 21 | of the use of communication services; providing |
| 22 | applicability; providing an effective date. |
| 23 |
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| 24 | Be It Enacted by the Legislature of the State of Florida: |
| 25 |
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| 26 | Section 1. Section 741.28, Florida Statutes, is amended to |
| 27 | read: |
| 28 | 741.28 Domestic violence; definitions.--As used in ss. |
| 29 | 741.28-741.311 ss. 741.28-741.31: |
| 30 | (1) "Department" means the Florida Department of Law |
| 31 | Enforcement. |
| 32 | (2) "Domestic violence" means any assault, aggravated |
| 33 | assault, battery, aggravated battery, sexual assault, sexual |
| 34 | battery, stalking, aggravated stalking, kidnapping, false |
| 35 | imprisonment, or any criminal offense resulting in physical |
| 36 | injury or death of one family or household member by another |
| 37 | family or household member. |
| 38 | (3) "Family or household member" means spouses, former |
| 39 | spouses, persons related by blood or marriage, persons who are |
| 40 | presently residing together as if a family or who have resided |
| 41 | together in the past as if a family, and persons who are parents |
| 42 | of a child in common regardless of whether they have been |
| 43 | married. With the exception of persons who have a child in |
| 44 | common, the family or household members must be currently |
| 45 | residing or have in the past resided together in the same single |
| 46 | dwelling unit. |
| 47 | (4) "Law enforcement officer" means any person who is |
| 48 | elected, appointed, or employed by any municipality or the state |
| 49 | or any political subdivision thereof who meets the minimum |
| 50 | qualifications established in s. 943.13 and is certified as a |
| 51 | law enforcement officer under s. 943.1395. |
| 52 | Section 2. Section 741.283, Florida Statutes, is amended |
| 53 | to read: |
| 54 | 741.283 Minimum term of imprisonment for domestic |
| 55 | violence.--If a person is adjudicated guilty of a crime of |
| 56 | domestic violence, as defined in s. 741.28, and in the |
| 57 | commission of the offense the person has intentionally caused |
| 58 | bodily harm to another person, or the person deprived a family |
| 59 | or household member of access to or use of communication |
| 60 | services as prohibited by s. 741.311, the court shall order the |
| 61 | person to serve a minimum of 5 days in the county jail as part |
| 62 | of the sentence imposed, unless the court sentences the person |
| 63 | to a nonsuspended period of incarceration in a state |
| 64 | correctional facility. This section does not preclude the court |
| 65 | from sentencing the person to probation, community control, or |
| 66 | an additional period of incarceration. |
| 67 | Section 3. Section 741.311, Florida Statutes, is created |
| 68 | to read: |
| 69 | 741.311 Domestic violence; deprivation of communication |
| 70 | services.-- |
| 71 | (1) For the purposes of this section, the term |
| 72 | "communication services" has the same meaning as in s. 812.15(1) |
| 73 | and includes, but is not limited to, telephones, cellular |
| 74 | telephones, and pagers. |
| 75 | (2) A person may not deprive a family or household member |
| 76 | of access to or the use of communication services in the course |
| 77 | of committing domestic violence. An act shall be deemed "in the |
| 78 | course of committing domestic violence" if the act of domestic |
| 79 | violence occurs prior to, contemporaneously with, or subsequent |
| 80 | to depriving the family or household member of access to or use |
| 81 | of communication services and the deprivation is in furtherance |
| 82 | of the commission or concealment of the act of domestic |
| 83 | violence. |
| 84 | (3) If a person adjudicated guilty of a crime of domestic |
| 85 | violence violated subsection (2), the court shall reclassify the |
| 86 | felony or misdemeanor to the next higher degree as provided in |
| 87 | this subsection. The reclassification shall be made in the |
| 88 | following manner: |
| 89 | (a) In the case of a misdemeanor of the second degree, the |
| 90 | offense is reclassified as a misdemeanor of the first degree. |
| 91 | (b) In the case of a misdemeanor of the first degree, the |
| 92 | offense is reclassified as a felony of the third degree. |
| 93 | (c) In the case of a felony of the third degree, the |
| 94 | offense is reclassified as a felony of the second degree. |
| 95 | (d) In the case of a felony of the second degree, the |
| 96 | offense is reclassified as a felony of the first degree. |
| 97 | (e) In the case of a felony of the first degree or a |
| 98 | felony of the first degree punishable by a term of imprisonment |
| 99 | not exceeding life, the offense is reclassified as a life |
| 100 | felony. |
| 101 | Section 4. This act shall take effect July 1, 2005, and |
| 102 | shall apply to offenses committed on or after that date. |