Senate Bill sb0184c1

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    Florida Senate - 2007                            CS for SB 184

    By the Committee on Criminal Justice; and Senators Dockery and
    Fasano




    591-1895-07

  1                      A bill to be entitled

  2         An act relating to domestic battery by

  3         strangulation; amending s. 784.041, F.S.;

  4         providing that it is a third-degree felony to

  5         knowingly and intentionally impede the normal

  6         breathing or circulation of the blood of

  7         another person in specified ways; providing an

  8         exception; providing definitions; providing

  9         criminal penalties; amending s. 921.0022, F.S.,

10         relating to the offense severity ranking chart

11         of the Criminal Punishment Code; conforming a

12         reference to changes made by the act; providing

13         an effective date.

14  

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

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17         Section 1.  Section 784.041, Florida Statutes, is

18  amended to read:

19         784.041  Felony battery; domestic battery by

20  strangulation.--

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

22         (a)  Actually and intentionally touches or strikes

23  another person against the will of the other; and

24         (b)  Causes great bodily harm, permanent disability, or

25  permanent disfigurement.

26         (2)(a)  A person commits domestic battery by

27  strangulation if the person knowingly and intentionally,

28  against the will of another, impedes the normal breathing or

29  circulation of the blood of a family or household member or of

30  a person with whom he or she is in a dating relationship, so

31  as to create a risk of or cause great bodily harm by applying

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    Florida Senate - 2007                            CS for SB 184
    591-1895-07




 1  pressure on the throat or neck of the other person or by

 2  blocking the nose or mouth of the other person. This paragraph

 3  does not apply to any act of medical diagnosis, treatment, or

 4  prescription which is authorized under the laws of this state.

 5         (b)  As used in this subsection, the term:

 6         1.  "Family or household member" has the same meaning

 7  as in s. 741.28.

 8         2.  "Dating relationship" means a continuing and

 9  significant relationship of a romantic or intimate nature.

10         (3)(2)  A person who commits felony battery or domestic

11  battery by strangulation commits a felony of the third degree,

12  punishable as provided in s. 775.082, s. 775.083, or s.

13  775.084.

14         Section 2.  Paragraph (f) of subsection (3) of section

15  921.0022, Florida Statutes, is amended to read:

16         921.0022  Criminal Punishment Code; offense severity

17  ranking chart.--

18         (3)  OFFENSE SEVERITY RANKING CHART

19  

20  Florida           Felony

21  Statute           Degree             Description

22  

23    

24                              (f)  LEVEL 6

25  316.193(2)(b)      3rd      Felony DUI, 4th or subsequent

26                              conviction.

27  499.0051(3)        2nd      Forgery of pedigree papers.

28  499.0051(4)        2nd      Purchase or receipt of legend

29                              drug from unauthorized person.

30  499.0051(5)        2nd      Sale of legend drug to

31                              unauthorized person.

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    Florida Senate - 2007                            CS for SB 184
    591-1895-07




 1  775.0875(1)        3rd      Taking firearm from law

 2                              enforcement officer.

 3  784.021(1)(a)      3rd      Aggravated assault; deadly weapon

 4                              without intent to kill.

 5  784.021(1)(b)      3rd      Aggravated assault; intent to

 6                              commit felony.

 7  784.041            3rd      Felony battery; domestic battery

 8                              by strangulation.

 9  784.048(3)         3rd      Aggravated stalking; credible

10                              threat.

11  784.048(5)         3rd      Aggravated stalking of person

12                              under 16.

13  784.07(2)(c)       2nd      Aggravated assault on law

14                              enforcement officer.

15  784.074(1)(b)      2nd      Aggravated assault on sexually

16                              violent predators facility staff.

17  784.08(2)(b)       2nd      Aggravated assault on a person 65

18                              years of age or older.

19  784.081(2)         2nd      Aggravated assault on specified

20                              official or employee.

21  784.082(2)         2nd      Aggravated assault by detained

22                              person on visitor or other

23                              detainee.

24  784.083(2)         2nd      Aggravated assault on code

25                              inspector.

26  787.02(2)          3rd      False imprisonment; restraining

27                              with purpose other than those in

28                              s. 787.01.

29  790.115(2)(d)      2nd      Discharging firearm or weapon on

30                              school property.

31  

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    Florida Senate - 2007                            CS for SB 184
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 1  790.161(2)         2nd      Make, possess, or throw

 2                              destructive device with intent to

 3                              do bodily harm or damage

 4                              property.

 5  790.164(1)         2nd      False report of deadly explosive,

 6                              weapon of mass destruction, or

 7                              act of arson or violence to state

 8                              property.

 9  790.19             2nd      Shooting or throwing deadly

10                              missiles into dwellings, vessels,

11                              or vehicles.

12  794.011(8)(a)      3rd      Solicitation of minor to

13                              participate in sexual activity by

14                              custodial adult.

15  794.05(1)          2nd      Unlawful sexual activity with

16                              specified minor.

17  800.04(5)(d)       3rd      Lewd or lascivious molestation;

18                              victim 12 years of age or older

19                              but less than 16 years; offender

20                              less than 18 years.

21  800.04(6)(b)       2nd      Lewd or lascivious conduct;

22                              offender 18 years of age or

23                              older.

24  806.031(2)         2nd      Arson resulting in great bodily

25                              harm to firefighter or any other

26                              person.

27  810.02(3)(c)       2nd      Burglary of occupied structure;

28                              unarmed; no assault or battery.

29  812.014(2)(b)1.    2nd      Property stolen $20,000 or more,

30                              but less than $100,000, grand

31                              theft in 2nd degree.

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    Florida Senate - 2007                            CS for SB 184
    591-1895-07




 1  812.015(9)         2nd      Retail theft; property stolen

 2                              $300 or more; second or

 3                              subsequent conviction.

 4  812.13(2)(c)       2nd      Robbery, no firearm or other

 5                              weapon (strong-arm robbery).

 6  817.034(4)(a)1.    1st      Communications fraud, value

 7                              greater than $50,000.

 8  817.4821(5)        2nd      Possess cloning paraphernalia

 9                              with intent to create cloned

10                              cellular telephones.

11  825.102(1)         3rd      Abuse of an elderly person or

12                              disabled adult.

13  825.102(3)(c)      3rd      Neglect of an elderly person or

14                              disabled adult.

15  825.1025(3)        3rd      Lewd or lascivious molestation of

16                              an elderly person or disabled

17                              adult.

18  825.103(2)(c)      3rd      Exploiting an elderly person or

19                              disabled adult and property is

20                              valued at less than $20,000.

21  827.03(1)          3rd      Abuse of a child.

22  827.03(3)(c)       3rd      Neglect of a child.

23  827.071(2)&(3)     2nd      Use or induce a child in a sexual

24                              performance, or promote or direct

25                              such performance.

26  836.05             2nd      Threats; extortion.

27  836.10             2nd      Written threats to kill or do

28                              bodily injury.

29  843.12             3rd      Aids or assists person to escape.

30  

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    Florida Senate - 2007                            CS for SB 184
    591-1895-07




 1  847.0135(2)        3rd      Facilitates sexual conduct of or

 2                              with a minor or the visual

 3                              depiction of such conduct.

 4  914.23             2nd      Retaliation against a witness,

 5                              victim, or informant, with bodily

 6                              injury.

 7  944.35(3)(a)2.     3rd      Committing malicious battery upon

 8                              or inflicting cruel or inhuman

 9                              treatment on an inmate or

10                              offender on community

11                              supervision, resulting in great

12                              bodily harm.

13  944.40             2nd      Escapes.

14  944.46             3rd      Harboring, concealing, aiding

15                              escaped prisoners.

16  944.47(1)(a)5.     2nd      Introduction of contraband

17                              (firearm, weapon, or explosive)

18                              into correctional facility.

19  951.22(1)          3rd      Intoxicating drug, firearm, or

20                              weapon introduced into county

21                              facility.

22         Section 3.  This act shall take effect October 1, 2007.

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    Florida Senate - 2007                            CS for SB 184
    591-1895-07




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 184

 3                                 

 4  -    Provides that a person commits domestic battery by
         strangulation, a Level 6 third degree felony, if the
 5       person knowingly and intentionally, against the will of
         another, impedes the normal breathing or circulation of
 6       the blood of a family or household member or of a person
         with whom he or she is in a dating relationship, so as to
 7       create a risk of or cause great bodily harm by applying
         pressure on the throat or neck of the other person or by
 8       blocking the other person's nose or mouth.

 9  -    Defines "family or household member" and "dating
         relationship."
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