Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 184
Barcode 733260
CHAMBER ACTION
Senate House
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11 The Committee on Criminal Justice (Lynn) recommended the
12 following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Section 784.041, Florida Statutes, is
19 amended to read:
20 784.041 Felony battery; domestic battery by
21 strangulation.--
22 (1) A person commits felony battery if he or she:
23 (a) Actually and intentionally touches or strikes
24 another person against the will of the other; and
25 (b) Causes great bodily harm, permanent disability, or
26 permanent disfigurement.
27 (2)(a) A person commits domestic battery by
28 strangulation if the person knowingly and intentionally,
29 against the will of another, impedes the normal breathing or
30 circulation of the blood of a family or household member or of
31 a person with whom he or she is in a dating relationship, so
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 184
Barcode 733260
1 as to create a risk of or cause great bodily harm by applying
2 pressure on the throat or neck of the other person or by
3 blocking the nose or mouth of the other person. This paragraph
4 does not apply to any act of medical diagnosis, treatment, or
5 prescription which is authorized under the laws of this state.
6 (b) As used in this subsection, the term:
7 1. "Family or household member" has the same meaning
8 as in s. 741.28.
9 2. "Dating relationship" means a continuing and
10 significant relationship of a romantic or intimate nature.
11 (3)(2) A person who commits felony battery or domestic
12 battery by strangulation commits a felony of the third degree,
13 punishable as provided in s. 775.082, s. 775.083, or s.
14 775.084.
15 Section 2. Paragraph (f) of subsection (3) of section
16 921.0022, Florida Statutes, is amended to read:
17 921.0022 Criminal Punishment Code; offense severity
18 ranking chart.--
19 (3) OFFENSE SEVERITY RANKING CHART
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21 Florida Felony
22 Statute Degree Description
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25 (f) LEVEL 6
26 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
27 conviction.
28 499.0051(3) 2nd Forgery of pedigree papers.
29 499.0051(4) 2nd Purchase or receipt of legend
30 drug from unauthorized person.
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 184
Barcode 733260
1 499.0051(5) 2nd Sale of legend drug to
2 unauthorized person.
3 775.0875(1) 3rd Taking firearm from law
4 enforcement officer.
5 784.021(1)(a) 3rd Aggravated assault; deadly weapon
6 without intent to kill.
7 784.021(1)(b) 3rd Aggravated assault; intent to
8 commit felony.
9 784.041 3rd Felony battery; domestic battery
10 by strangulation.
11 784.048(3) 3rd Aggravated stalking; credible
12 threat.
13 784.048(5) 3rd Aggravated stalking of person
14 under 16.
15 784.07(2)(c) 2nd Aggravated assault on law
16 enforcement officer.
17 784.074(1)(b) 2nd Aggravated assault on sexually
18 violent predators facility staff.
19 784.08(2)(b) 2nd Aggravated assault on a person 65
20 years of age or older.
21 784.081(2) 2nd Aggravated assault on specified
22 official or employee.
23 784.082(2) 2nd Aggravated assault by detained
24 person on visitor or other
25 detainee.
26 784.083(2) 2nd Aggravated assault on code
27 inspector.
28 787.02(2) 3rd False imprisonment; restraining
29 with purpose other than those in
30 s. 787.01.
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 184
Barcode 733260
1 790.115(2)(d) 2nd Discharging firearm or weapon on
2 school property.
3 790.161(2) 2nd Make, possess, or throw
4 destructive device with intent to
5 do bodily harm or damage
6 property.
7 790.164(1) 2nd False report of deadly explosive,
8 weapon of mass destruction, or
9 act of arson or violence to state
10 property.
11 790.19 2nd Shooting or throwing deadly
12 missiles into dwellings, vessels,
13 or vehicles.
14 794.011(8)(a) 3rd Solicitation of minor to
15 participate in sexual activity by
16 custodial adult.
17 794.05(1) 2nd Unlawful sexual activity with
18 specified minor.
19 800.04(5)(d) 3rd Lewd or lascivious molestation;
20 victim 12 years of age or older
21 but less than 16 years; offender
22 less than 18 years.
23 800.04(6)(b) 2nd Lewd or lascivious conduct;
24 offender 18 years of age or
25 older.
26 806.031(2) 2nd Arson resulting in great bodily
27 harm to firefighter or any other
28 person.
29 810.02(3)(c) 2nd Burglary of occupied structure;
30 unarmed; no assault or battery.
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 184
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1 812.014(2)(b)1. 2nd Property stolen $20,000 or more,
2 but less than $100,000, grand
3 theft in 2nd degree.
4 812.015(9) 2nd Retail theft; property stolen
5 $300 or more; second or
6 subsequent conviction.
7 812.13(2)(c) 2nd Robbery, no firearm or other
8 weapon (strong-arm robbery).
9 817.034(4)(a)1. 1st Communications fraud, value
10 greater than $50,000.
11 817.4821(5) 2nd Possess cloning paraphernalia
12 with intent to create cloned
13 cellular telephones.
14 825.102(1) 3rd Abuse of an elderly person or
15 disabled adult.
16 825.102(3)(c) 3rd Neglect of an elderly person or
17 disabled adult.
18 825.1025(3) 3rd Lewd or lascivious molestation of
19 an elderly person or disabled
20 adult.
21 825.103(2)(c) 3rd Exploiting an elderly person or
22 disabled adult and property is
23 valued at less than $20,000.
24 827.03(1) 3rd Abuse of a child.
25 827.03(3)(c) 3rd Neglect of a child.
26 827.071(2)&(3) 2nd Use or induce a child in a sexual
27 performance, or promote or direct
28 such performance.
29 836.05 2nd Threats; extortion.
30 836.10 2nd Written threats to kill or do
31 bodily injury.
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 184
Barcode 733260
1 843.12 3rd Aids or assists person to escape.
2 847.0135(2) 3rd Facilitates sexual conduct of or
3 with a minor or the visual
4 depiction of such conduct.
5 914.23 2nd Retaliation against a witness,
6 victim, or informant, with bodily
7 injury.
8 944.35(3)(a)2. 3rd Committing malicious battery upon
9 or inflicting cruel or inhuman
10 treatment on an inmate or
11 offender on community
12 supervision, resulting in great
13 bodily harm.
14 944.40 2nd Escapes.
15 944.46 3rd Harboring, concealing, aiding
16 escaped prisoners.
17 944.47(1)(a)5. 2nd Introduction of contraband
18 (firearm, weapon, or explosive)
19 into correctional facility.
20 951.22(1) 3rd Intoxicating drug, firearm, or
21 weapon introduced into county
22 facility.
23 Section 3. This act shall take effect October 1, 2007.
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26 ================ T I T L E A M E N D M E N T ===============
27 And the title is amended as follows:
28 Delete everything before the enacting clause
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30 and insert:
31 A bill to be entitled
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 184
Barcode 733260
1 An act relating to domestic battery by
2 strangulation; amending s. 784.041, F.S.;
3 providing that it is a third-degree felony to
4 knowingly and intentionally impede the normal
5 breathing or circulation of the blood of
6 another person in specified ways; providing an
7 exception; providing definitions; providing
8 criminal penalties; amending s. 921.0022, F.S.,
9 relating to the offense severity ranking chart
10 of the Criminal Punishment Code; conforming a
11 reference to changes made by the act; providing
12 an effective date.
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