HB 1239

1	A bill to be entitled
2	An act relating to child abuse; amending s. 827.03, F.S.;
3	revising the definition of the term "child abuse" to
4	include inappropriate or excessively harsh discipline of a
5	child by a parent, legal custodian, or caregiver;
6	providing a criminal penalty; defining the term
7	"inappropriate or excessively harsh corporal discipline";
8	reenacting ss. 775.082(9)(a), 787.04(5), and 901.15(8),
9	F.S., relating to mandatory minimum sentences for certain
10	reoffenders previously released from prison, removing
11	minors from the state or concealing minors contrary to
12	state agency order or court order, and when arrest by an
13	officer without a warrant is lawful, to incorporate the
14	amendment to s. 827.03, F.S., in references thereto;
15	providing an effective date.
16
17	Be It Enacted by the Legislature of the State of Florida:
18
19	Section 1.  Subsection (1) of section 827.03, Florida
20	Statutes, is amended, and subsection (5) is added to that
21	section, to read:
22	827.03  Abuse, aggravated abuse, and neglect of a child;
23	penalties.--
24	(1)  "Child abuse" means:
25	(a)  Intentional infliction of physical or mental injury
26	upon a child;
27	(b)  An intentional act that could reasonably be expected
28	to result in physical or mental injury to a child; or
29	(c)  Active encouragement of any person to commit an act
30	that results or could reasonably be expected to result in
31	physical or mental injury to a child; or.
32	(d)  Inappropriate or excessively harsh corporal discipline
33	of a child by a parent, legal custodian, or caregiver.
34
35	A person who knowingly or willfully abuses a child without
36	causing great bodily harm, permanent disability, or permanent
37	disfigurement to the child commits a felony of the third degree,
38	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
39	(5)  For purposes of this section, "inappropriate or
40	excessively harsh corporal discipline" means an act of
41	discipline that results or could reasonably be expected to
42	result in any of the following or other similar injuries:
43	(a)  Sprains, dislocations, or cartilage damage.
44	(b)  Bone or skull fractures.
45	(c)  Brain or spinal cord damage.
46	(d)  Intracranial hemorrhage or injury to other internal
47	organs.
48	(e)  Asphyxiation, suffocation, or drowning.
49	(f)  Injury resulting from the use of a deadly weapon.
50	(g)  Burns or scalding.
51	(h)  Cuts, lacerations, punctures, or bites.
52	(i)  Disfigurement.
53	(j)  Loss or impairment of a body part or function.
54	(k)  Significant bruises or welts.
55	(l)  Mental injury, as defined in s. 39.01.
56	Section 2.  For the purpose of incorporating the amendment
57	made by this act to section 827.03, Florida Statutes, in a
58	reference thereto, paragraph (a) of subsection (9) of section
59	775.082, Florida Statutes, is reenacted to read:
60	775.082  Penalties; applicability of sentencing structures;
61	mandatory minimum sentences for certain reoffenders previously
62	released from prison.--
63	(9)(a)1.  "Prison releasee reoffender" means any defendant
64	who commits, or attempts to commit:
65	a.  Treason;
66	b.  Murder;
67	c.  Manslaughter;
68	d.  Sexual battery;
69	e.  Carjacking;
70	f.  Home-invasion robbery;
71	g.  Robbery;
72	h.  Arson;
73	i.  Kidnapping;
74	j.  Aggravated assault with a deadly weapon;
75	k.  Aggravated battery;
76	l.  Aggravated stalking;
77	m.  Aircraft piracy;
78	n.  Unlawful throwing, placing, or discharging of a
79	destructive device or bomb;
80	o.  Any felony that involves the use or threat of physical
81	force or violence against an individual;
82	p.  Armed burglary;
83	q.  Burglary of a dwelling or burglary of an occupied
84	structure; or
85	r.  Any felony violation of s. 790.07, s. 800.04, s.
86	827.03, or s. 827.071;
87
88	within 3 years after being released from a state correctional
89	facility operated by the Department of Corrections or a private
90	vendor or within 3 years after being released from a
91	correctional institution of another state, the District of
92	Columbia, the United States, any possession or territory of the
93	United States, or any foreign jurisdiction, following
94	incarceration for an offense for which the sentence is
95	punishable by more than 1 year in this state.
96	2.  "Prison releasee reoffender" also means any defendant
97	who commits or attempts to commit any offense listed in sub-
98	subparagraphs (a)1.a.-r. while the defendant was serving a
99	prison sentence or on escape status from a state correctional
100	facility operated by the Department of Corrections or a private
101	vendor or while the defendant was on escape status from a
102	correctional institution of another state, the District of
103	Columbia, the United States, any possession or territory of the
104	United States, or any foreign jurisdiction, following
105	incarceration for an offense for which the sentence is
106	punishable by more than 1 year in this state.
107	3.  If the state attorney determines that a defendant is a
108	prison releasee reoffender as defined in subparagraph 1., the
109	state attorney may seek to have the court sentence the defendant
110	as a prison releasee reoffender. Upon proof from the state
111	attorney that establishes by a preponderance of the evidence
112	that a defendant is a prison releasee reoffender as defined in
113	this section, such defendant is not eligible for sentencing
114	under the sentencing guidelines and must be sentenced as
115	follows:
116	a.  For a felony punishable by life, by a term of
117	imprisonment for life;
118	b.  For a felony of the first degree, by a term of
119	imprisonment of 30 years;
120	c.  For a felony of the second degree, by a term of
121	imprisonment of 15 years; and
122	d.  For a felony of the third degree, by a term of
123	imprisonment of 5 years.
124	Section 3.  For the purpose of incorporating the amendment
125	made by this act to section 827.03, Florida Statutes, in a
126	reference thereto, subsection (5) of section 787.04, Florida
127	Statutes, is reenacted to read:
128	787.04  Removing minors from state or concealing minors
129	contrary to state agency order or court order.--
130	(5)  It is a defense under this section that a person who
131	leads, takes, entices, or removes a minor beyond the limits of
132	the state reasonably believes that his or her action was
133	necessary to protect the minor from child abuse as defined in s.
134	827.03.
135	Section 4.  For the purpose of incorporating the amendment
136	made by this act to section 827.03, Florida Statutes, in a
137	reference thereto, subsection (8) of section 901.15, Florida
138	Statutes, is reenacted to read:
139	901.15  When arrest by officer without warrant is
140	lawful.--A law enforcement officer may arrest a person without a
141	warrant when:
142	(8)  There is probable cause to believe that the person has
143	committed child abuse, as defined in s. 827.03. The decision to
144	arrest shall not require consent of the victim or consideration
145	of the relationship of the parties. It is the public policy of
146	this state to protect abused children by strongly encouraging
147	the arrest and prosecution of persons who commit child abuse. A
148	law enforcement officer who acts in good faith and exercises due
149	care in making an arrest under this subsection is immune from
150	civil liability that otherwise might result by reason of his or
151	her action.
152	Section 5.  This act shall take effect July 1, 2006.

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