Senate Bill sb2150

    Florida Senate - 2006                                  SB 2150

    By Senator Dockery





    15-1519-06                                          See HB 815

  1                      A bill to be entitled

  2         An act relating to strangulation; amending s.

  3         784.041, F.S.; providing that knowingly or

  4         intentionally impeding the normal breathing or

  5         circulation of the blood of another person in

  6         specified ways constitutes felony battery;

  7         providing an affirmative defense; providing

  8         penalties; providing an effective date.

  9  

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

11  

12         Section 1.  Section 784.041, Florida Statutes, is

13  amended to read:

14         784.041  Felony battery.--

15         (1)  A person commits felony battery if he or she:

16         (a)  Actually and intentionally touches or strikes

17  another person against the will of the other; and

18         (b)1.  Causes great bodily harm, permanent disability,

19  or permanent disfigurement; or

20         2.  Commits the act of strangulation by knowingly or

21  intentionally impeding the normal breathing or circulation of

22  the blood of the other person by applying pressure on the

23  throat or neck or by blocking the nose or mouth of the other

24  person. It is an affirmative defense to a charge under this

25  subparagraph that an act constituting strangulation was the

26  result of a legitimate medical procedure.

27         (2)  A person who commits felony battery commits a

28  felony of the third degree, punishable as provided in s.

29  775.082, s. 775.083, or s. 775.084.

30         Section 2.  This act shall take effect October 1, 2006.

31  

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