HB 1239

CS

CHAMBER ACTION

1	The Justice Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to inappropriate or excessively harsh
7	corporal discipline; amending s. 39.301, F.S.; including
8	inappropriate or excessively harsh corporal discipline in
9	the definition of "criminal conduct" for purposes of
10	protective investigations; creating s. 827.032, F.S.;
11	defining "inappropriate or excessively harsh corporal
12	discipline"; prohibiting parents, legal custodians, or
13	caregivers from inflicting inappropriate or excessively
14	harsh corporal discipline; providing penalties; providing
15	applicability; amending s. 921.0022, F.S.; including
16	offenses involving inappropriate or excessively harsh
17	corporal discipline within the offense severity ranking
18	chart of the Criminal Punishment Code; providing an
19	effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1.  Paragraph (b) of subsection (2) of section
24	39.301, Florida Statutes, is amended to read:
25	39.301  Initiation of protective investigations.--
26	(2)
27	(b)  As used in this subsection, the term "criminal
28	conduct" means:
29	1.  A child is known or suspected to be the victim of child
30	abuse, as defined in s. 827.03, or of neglect of a child, as
31	defined in s. 827.03, or of inappropriate or excessively harsh
32	corporal discipline as defined by s. 827.032.
33	2.  A child is known or suspected to have died as a result
34	of abuse or neglect.
35	3.  A child is known or suspected to be the victim of
36	aggravated child abuse, as defined in s. 827.03.
37	4.  A child is known or suspected to be the victim of
38	sexual battery, as defined in s. 827.071, or of sexual abuse, as
39	defined in s. 39.01.
40	5.  A child is known or suspected to be the victim of
41	institutional child abuse or neglect, as defined in s. 39.01,
42	and as provided for in s. 39.302(1).
43	Section 2.  Section 827.032, Florida Statutes, is created
44	to read:
45	827.032  Inappropriate or excessively harsh corporal
46	discipline; penalties.--
47	(1)  "Inappropriate or excessively harsh corporal
48	discipline" means an act of discipline that results or could
49	reasonably be expected to result in any of the following or
50	other similar injuries:
51	(a)  Sprains, dislocations, or cartilage damage.
52	(b)  Bone or skull fractures.
53	(c)  Brain or spinal cord damage.
54	(d)  Intracranial hemorrhage or injury to other internal
55	organs.
56	(e)  Asphyxiation, suffocation, or drowning.
57	(f)  Injury resulting from the use of a deadly weapon.
58	(g)  Burns or scalding.
59	(h)  Cuts, lacerations, punctures, or bites.
60	(i)  Disfigurement.
61	(j)  Loss or impairment of a body part or function.
62	(k)  Significant bruises or welts.
63	(l)  Mental injury, as defined in s. 39.01.
64	(2)  A parent, legal custodian, or caregiver who knowingly
65	or willfully inflicts inappropriate or excessively harsh
66	corporal discipline upon a child commits a felony of the third
67	degree, punishable as provided in s. 775.082, s. 775.083, or s.
68	775.084.
69	(3)  This section does not preclude prosecution under s.
70	827.03 when s. 827.03 is charged in lieu of this section.
71	Section 3.  Paragraph (f) of subsection (3) of section
72	921.0022, Florida Statutes, is amended to read:
73	921.0022  Criminal Punishment Code; offense severity
74	ranking chart.--
75	(3)  OFFENSE SEVERITY RANKING CHART
76
	FloridaStatute FelonyDegree Description
77
	(f)  LEVEL 6
78
	316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
79
	499.0051(3) 2nd Forgery of pedigree papers.
80
	499.0051(4) 2nd Purchase or receipt of legend drug from unauthorized person.
81
	499.0051(5) 2nd Sale of legend drug to unauthorized person.
82
	775.0875(1) 3rd Taking firearm from law enforcement officer.
83
	784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
84
	784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
85
	784.041 3rd Felony battery.
86
	784.048(3) 3rd Aggravated stalking; credible threat.
87
	784.048(5) 3rd Aggravated stalking of person under 16.
88
	784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
89
	784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
90
	784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
91
	784.081(2) 2nd Aggravated assault on specified official or employee.
92
	784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
93
	784.083(2) 2nd Aggravated assault on code inspector.
94
	787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
95
	790.115(2)(d) 2nd Discharging firearm or weapon on school property.
96
	790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
97
	790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
98
	790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
99
	794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
100
	794.05(1) 2nd Unlawful sexual activity with specified minor.
101
	800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.
102
	800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
103
	806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
104
	810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
105
	812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
106
	812.015(9) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
107
	812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
108
	817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
109
	817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
110
	825.102(1) 3rd Abuse of an elderly person or disabled adult.
111
	825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
112
	825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
113
	825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
114
	827.03(1) 3rd Abuse of a child.
115
	827.03(3)(c) 3rd Neglect of a child.
116
	827.032 3rd Inappropriate or excessively harsh corporal discipline by a parent, legal custodian, or caregiver upon a child.
117
	827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
118
	836.05 2nd Threats; extortion.
119
	836.10 2nd Written threats to kill or do bodily injury.
120
	843.12 3rd Aids or assists person to escape.
121
	847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
122
	914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
123
	944.35(3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
124
	944.40 2nd Escapes.
125
	944.46 3rd Harboring, concealing, aiding escaped prisoners.
126
	944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
127
	951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
128
129	Section 4.  This act shall take effect July 1, 2006.

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