| 1 | A bill to be entitled |
| 2 | An act relating to domestic violence; amending s. 784.041, |
| 3 | F.S.; creating the offense of domestic battery by |
| 4 | strangulation; providing criminal penalties; amending s. |
| 5 | 921.0022, F.S.; conforming the offense severity ranking |
| 6 | chart of the Criminal Punishment Code; providing an |
| 7 | effective date. |
| 8 |
|
| 9 | Be It Enacted by the Legislature of the State of Florida: |
| 10 |
|
| 11 | Section 1. Section 784.041, Florida Statutes, is amended |
| 12 | to read: |
| 13 | 784.041 Felony battery; domestic battery by |
| 14 | strangulation.-- |
| 15 | (1) A person commits felony battery if he or she: |
| 16 | (a) Actually and intentionally touches or strikes another |
| 17 | person against the will of the other; and |
| 18 | (b) Causes great bodily harm, permanent disability, or |
| 19 | permanent disfigurement. |
| 20 | (2)(a) A person commits domestic battery by strangulation |
| 21 | if the person knowingly and intentionally, against the will of |
| 22 | another, impedes the normal breathing or circulation of the |
| 23 | blood of a family or household member or of a person with whom |
| 24 | he or she is in a dating relationship so as to create a risk of |
| 25 | or cause great bodily harm by applying pressure on the throat or |
| 26 | neck of the other person or by blocking the nose or mouth of the |
| 27 | other person. This paragraph does not apply to any act of |
| 28 | medical diagnosis, treatment, or prescription that is authorized |
| 29 | under the laws of this state. |
| 30 | (b) As used in this subsection, the term: |
| 31 | 1. "Family or household member" has the same meaning as in |
| 32 | s. 741.28. |
| 33 | 2. "Dating relationship" means a continuing and |
| 34 | significant relationship of a romantic or intimate nature. |
| 35 | (3)(2) A person who commits felony battery or domestic |
| 36 | battery by strangulation commits a felony of the third degree, |
| 37 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 38 | Section 2. Paragraph (f) of subsection (3) of section |
| 39 | 921.0022, Florida Statutes, is amended to read: |
| 40 | 921.0022 Criminal Punishment Code; offense severity |
| 41 | ranking chart.-- |
| 42 | (3) OFFENSE SEVERITY RANKING CHART |
| | | FloridaStatute | FelonyDegree | Description |
|
| 43 |
|
| | |
| 44 |
|
| | | 316.193(2)(b) | 3rd | Felony DUI, 4th or subsequent conviction. |
|
| 45 |
|
| | | 499.0051(3) | 2nd | Forgery of pedigree papers. |
|
| 46 |
|
| | | 499.0051(4) | 2nd | Purchase or receipt of legend drug from unauthorized person. |
|
| 47 |
|
| | | 499.0051(5) | 2nd | Sale of legend drug to unauthorized person. |
|
| 48 |
|
| | | 775.0875(1) | 3rd | Taking firearm from law enforcement officer. |
|
| 49 |
|
| | | 784.021(1)(a) | 3rd | Aggravated assault; deadly weapon without intent to kill. |
|
| 50 |
|
| | | 784.021(1)(b) | 3rd | Aggravated assault; intent to commit felony. |
|
| 51 |
|
| | | 784.041(1) | 3rd | Felony battery. |
|
| 52 |
|
| | | 784.041(2) | 3rd | Domestic battery by strangulation. |
|
| 53 |
|
| | | 784.048(3) | 3rd | Aggravated stalking; credible threat. |
|
| 54 |
|
| | | 784.048(5) | 3rd | Aggravated stalking of person under 16. |
|
| 55 |
|
| | | 784.07(2)(c) | 2nd | Aggravated assault on law enforcement officer. |
|
| 56 |
|
| | | 784.074(1)(b) | 2nd | Aggravated assault on sexually violent predators facility staff. |
|
| 57 |
|
| | | 784.08(2)(b) | 2nd | Aggravated assault on a person 65 years of age or older. |
|
| 58 |
|
| | | 784.081(2) | 2nd | Aggravated assault on specified official or employee. |
|
| 59 |
|
| | | 784.082(2) | 2nd | Aggravated assault by detained person on visitor or other detainee. |
|
| 60 |
|
| | | 784.083(2) | 2nd | Aggravated assault on code inspector. |
|
| 61 |
|
| | | 787.02(2) | 3rd | False imprisonment; restraining with purpose other than those in s. 787.01. |
|
| 62 |
|
| | | 790.115(2)(d) | 2nd | Discharging firearm or weapon on school property. |
|
| 63 |
|
| | | 790.161(2) | 2nd | Make, possess, or throw destructive device with intent to do bodily harm or damage property. |
|
| 64 |
|
| | | 790.164(1) | 2nd | False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property. |
|
| 65 |
|
| | | 790.19 | 2nd | Shooting or throwing deadly missiles into dwellings, vessels, or vehicles. |
|
| 66 |
|
| | | 794.011(8)(a) | 3rd | Solicitation of minor to participate in sexual activity by custodial adult. |
|
| 67 |
|
| | | 794.05(1) | 2nd | Unlawful sexual activity with specified minor. |
|
| 68 |
|
| | | 800.04(5)(d) | 3rd | Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years. |
|
| 69 |
|
| | | 800.04(6)(b) | 2nd | Lewd or lascivious conduct; offender 18 years of age or older. |
|
| 70 |
|
| | | 806.031(2) | 2nd | Arson resulting in great bodily harm to firefighter or any other person. |
|
| 71 |
|
| | | 810.02(3)(c) | 2nd | Burglary of occupied structure; unarmed; no assault or battery. |
|
| 72 |
|
| | | 812.014(2)(b)1. | 2nd | Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree. |
|
| 73 |
|
| | | 812.015(9) | 2nd | Retail theft; property stolen $300 or more; second or subsequent conviction. |
|
| 74 |
|
| | | 812.13(2)(c) | 2nd | Robbery, no firearm or other weapon (strong-arm robbery). |
|
| 75 |
|
| | | 817.034(4)(a)1. | 1st | Communications fraud, value greater than $50,000. |
|
| 76 |
|
| | | 817.4821(5) | 2nd | Possess cloning paraphernalia with intent to create cloned cellular telephones. |
|
| 77 |
|
| | | 825.102(1) | 3rd | Abuse of an elderly person or disabled adult. |
|
| 78 |
|
| | | 825.102(3)(c) | 3rd | Neglect of an elderly person or disabled adult. |
|
| 79 |
|
| | | 825.1025(3) | 3rd | Lewd or lascivious molestation of an elderly person or disabled adult. |
|
| 80 |
|
| | | 825.103(2)(c) | 3rd | Exploiting an elderly person or disabled adult and property is valued at less than $20,000. |
|
| 81 |
|
| | | 827.03(1) | 3rd | Abuse of a child. |
|
| 82 |
|
| | | 827.03(3)(c) | 3rd | Neglect of a child. |
|
| 83 |
|
| | | 827.071(2) & (3) | 2nd | Use or induce a child in a sexual performance, or promote or direct such performance. |
|
| 84 |
|
| | | 836.05 | 2nd | Threats; extortion. |
|
| 85 |
|
| | | 836.10 | 2nd | Written threats to kill or do bodily injury. |
|
| 86 |
|
| | | 843.12 | 3rd | Aids or assists person to escape. |
|
| 87 |
|
| | | 847.0135(2) | 3rd | Facilitates sexual conduct of or with a minor or the visual depiction of such conduct. |
|
| 88 |
|
| | | 914.23 | 2nd | Retaliation against a witness, victim, or informant, with bodily injury. |
|
| 89 |
|
| | | 944.35(3)(a)2. | 3rd | Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm. |
|
| 90 |
|
| | |
| 91 |
|
| | | 944.46 | 3rd | Harboring, concealing, aiding escaped prisoners. |
|
| 92 |
|
| | | 944.47(1)(a)5. | 2nd | Introduction of contraband (firearm, weapon, or explosive) into correctional facility. |
|
| 93 |
|
| | | 951.22(1) | 3rd | Intoxicating drug, firearm, or weapon introduced into county facility. |
|
| 94 |
|
| 95 | Section 3. This act shall take effect October 1, 2007. |