HB 85

1
A bill to be entitled
2An act relating to assault or battery on security
3officers; amending s. 784.07, F.S.; providing for
4reclassification of an assault or battery on a licensed
5security officer; providing applicability; providing an
6effective date.
7
8Be It Enacted by the Legislature of the State of Florida:
9
10     Section 1.  Subsection (2) of section 784.07, Florida
11Statutes, is amended to read:
12     784.07  Assault or battery of law enforcement officers,
13firefighters, emergency medical care providers, public transit
14employees or agents, or other specified officers;
15reclassification of offenses; minimum sentences.--
16     (2)  Whenever any person is charged with knowingly
17committing an assault or battery upon a law enforcement officer,
18a firefighter, an emergency medical care provider, a traffic
19accident investigation officer as described in s. 316.640, a
20traffic infraction enforcement officer as described in s.
21316.640, a parking enforcement specialist as defined in s.
22316.640, a person licensed as a security officer as defined in
23s. 493.6101, or a security officer employed by the board of
24trustees of a community college, while the officer, firefighter,
25emergency medical care provider, intake officer, traffic
26accident investigation officer, traffic infraction enforcement
27officer, parking enforcement specialist, public transit employee
28or agent, or security officer is engaged in the lawful
29performance of his or her duties, the offense for which the
30person is charged shall be reclassified as follows:
31     (a)  In the case of assault, from a misdemeanor of the
32second degree to a misdemeanor of the first degree.
33     (b)  In the case of battery, from a misdemeanor of the
34first degree to a felony of the third degree.
35     (c)  In the case of aggravated assault, from a felony of
36the third degree to a felony of the second degree.
37Notwithstanding any other provision of law, any person convicted
38of aggravated assault upon a law enforcement officer shall be
39sentenced to a minimum term of imprisonment of 3 years.
40     (d)  In the case of aggravated battery, from a felony of
41the second degree to a felony of the first degree.
42Notwithstanding any other provision of law, any person convicted
43of aggravated battery of a law enforcement officer shall be
44sentenced to a minimum term of imprisonment of 5 years.
45     Section 2.  This act shall take effect July 1, 2006, and
46shall apply to offenses committed on or after that date.


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