Senate Bill sb0232

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    Florida Senate - 2007                                   SB 232

    By Senator Wise





    5-130B-07

  1                      A bill to be entitled

  2         An act relating to domestic violence; amending

  3         ss. 741.31 and 784.047, F.S.; providing that if

  4         a person willfully violates an injunction for

  5         protection against domestic violence, repeat

  6         violence, sexual violence, or dating violence,

  7         or willfully violates a foreign protection

  8         order accorded full faith and credit, by

  9         committing an act of domestic violence, repeat

10         violence, sexual violence, or dating violence,

11         the offense for which that person is charged is

12         reclassified; providing an effective date.

13  

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

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16         Section 1.  Subsection (4) of section 741.31, Florida

17  Statutes, is amended to read:

18         741.31  Violation of an injunction for protection

19  against domestic violence.--

20         (4)(a)  A person who willfully violates an injunction

21  for protection against domestic violence issued pursuant to s.

22  741.30, or a foreign protection order accorded full faith and

23  credit pursuant to s. 741.315, by:

24         1.  Refusing to vacate the dwelling that the parties

25  share;

26         2.  Going to, or being within 500 feet of, the

27  petitioner's residence, school, place of employment, or a

28  specified place frequented regularly by the petitioner and any

29  named family or household member;

30         3.  Committing an act of domestic violence against the

31  petitioner;

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    Florida Senate - 2007                                   SB 232
    5-130B-07




 1         3.4.  Committing any other violation of the injunction

 2  through an intentional unlawful threat, word, or act to do

 3  violence to the petitioner;

 4         4.5.  Telephoning, contacting, or otherwise

 5  communicating with the petitioner directly or indirectly,

 6  unless the injunction specifically allows indirect contact

 7  through a third party;

 8         5.6.  Knowingly and intentionally coming within 100

 9  feet of the petitioner's motor vehicle, whether or not that

10  vehicle is occupied;

11         6.7.  Defacing or destroying the petitioner's personal

12  property, including the petitioner's motor vehicle; or

13         7.8.  Refusing to surrender firearms or ammunition if

14  ordered to do so by the court

15  

16  commits a misdemeanor of the first degree, punishable as

17  provided in s. 775.082 or s. 775.083.

18         (b)1.  It is a violation of s. 790.233, and a

19  misdemeanor of the first degree, punishable as provided in s.

20  775.082 or s. 775.083, for a person to violate a final

21  injunction for protection against domestic violence by having

22  in his or her care, custody, possession, or control any

23  firearm or ammunition.

24         2.  It is the intent of the Legislature that the

25  disabilities regarding possession of firearms and ammunition

26  are consistent with federal law.  Accordingly, this paragraph

27  does shall not apply to a state or local officer as defined in

28  s. 943.10(14), holding an active certification, who receives

29  or possesses a firearm or ammunition for use in performing

30  official duties on behalf of the officer's employing agency,

31  unless otherwise prohibited by the employing agency.

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    Florida Senate - 2007                                   SB 232
    5-130B-07




 1         (c)  If a person willfully violates an injunction for

 2  protection against domestic violence issued under s. 741.30,

 3  or a foreign protection order accorded full faith and credit

 4  under s. 741.315, by committing an act of domestic violence,

 5  the offense for which that person is charged shall be

 6  reclassified as follows:

 7         1.  In the case of a misdemeanor of the first degree,

 8  to a felony of the third degree.

 9         2.  In the case of a felony of the third degree, to a

10  felony of the second degree.

11         3.  In the case of a felony of the second degree, to a

12  felony of the first degree.

13         4.  In the case of a felony of the first degree or a

14  felony of the first degree punishable by a term of

15  imprisonment not exceeding life, to a life felony.

16         Section 2.  Section 784.047, Florida Statutes, is

17  amended to read:

18         784.047  Penalties for violating protective injunction

19  against violators.--

20         (1)  A person who willfully violates an injunction for

21  protection against repeat violence, sexual violence, or dating

22  violence, issued pursuant to s. 784.046, or a foreign

23  protection order accorded full faith and credit pursuant to s.

24  741.315, by:

25         (a)(1)  Refusing to vacate the dwelling that the

26  parties share;

27         (b)(2)  Going to the petitioner's residence, school,

28  place of employment, or a specified place frequented regularly

29  by the petitioner and any named family or household member;

30         (3)  Committing an act of repeat violence, sexual

31  violence, or dating violence against the petitioner;

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    Florida Senate - 2007                                   SB 232
    5-130B-07




 1         (c)(4)  Committing any other violation of the

 2  injunction through an intentional unlawful threat, word, or

 3  act to do violence to the petitioner; or

 4         (d)(5)  Telephoning, contacting, or otherwise

 5  communicating with the petitioner directly or indirectly,

 6  unless the injunction specifically allows indirect contact

 7  through a third party;

 8  

 9  commits a misdemeanor of the first degree, punishable as

10  provided in s. 775.082 or s. 775.083.

11         (2)  If a person willfully violates an injunction for

12  protection against repeat violence, sexual violence, or dating

13  violence issued under s. 784.046, or a foreign protection

14  order accorded full faith and credit under s. 741.315, by

15  committing an act of repeat violence, sexual violence, or

16  dating violence, the offense for which that person is charged

17  shall be reclassified as follows:

18         (a)  In the case of a misdemeanor of the first degree,

19  to a felony of the third degree.

20         (b)  In the case of a felony of the third degree, to a

21  felony of the second degree.

22         (c)  In the case of a felony of the second degree, to a

23  felony of the first degree.

24         (d)  In the case of a felony of the first degree or a

25  felony of the first degree punishable by a term of

26  imprisonment not exceeding life, to a life felony.

27         Section 3.  This act shall take effect July 1, 2007.

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    Florida Senate - 2007                                   SB 232
    5-130B-07




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 2                          SENATE SUMMARY

 3    Provides that if a person willfully violates an
      injunction for protection against domestic violence,
 4    repeat violence, sexual violence, or dating violence, or
      violates a foreign protection order accorded full faith
 5    and credit, by committing an act of domestic violence,
      repeat violence, sexual violence, or dating violence, the
 6    offense for which that person is charged shall be
      reclassified.
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