1 | A bill to be entitled |
2 | An act relating to assault or battery of law enforcement |
3 | officers or firefighters; amending s. 784.07, F.S.; |
4 | increasing the mandatory minimum term of imprisonment for |
5 | battery of a law enforcement officer or firefighter with a |
6 | firearm or destructive device; increasing the mandatory |
7 | minimum term of imprisonment for such a battery while |
8 | possessing a semiautomatic firearm and its high-capacity |
9 | detachable box magazine or a machine gun; providing an |
10 | effective date. |
11 |
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12 | Be It Enacted by the Legislature of the State of Florida: |
13 |
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14 | Section 1. Subsection (3) of section 784.07, Florida |
15 | Statutes, is amended to read: |
16 | 784.07 Assault or battery of law enforcement officers, |
17 | firefighters, emergency medical care providers, public transit |
18 | employees or agents, or other specified officers; |
19 | reclassification of offenses; minimum sentences.- |
20 | (3)(a) Except as provided in paragraph (b), any person who |
21 | is convicted of a battery under paragraph (2)(b) and, during the |
22 | commission of the offense, such person possessed: |
23 | 1.(a) A "firearm" or "destructive device" as those terms |
24 | are defined in s. 790.001, shall be sentenced to a minimum term |
25 | of imprisonment of 3 years. |
26 | 2.(b) A semiautomatic firearm and its high-capacity |
27 | detachable box magazine, as defined in s. 775.087(3), or a |
28 | machine gun as defined in s. 790.001, shall be sentenced to a |
29 | minimum term of imprisonment of 8 years. |
30 | (b) Any person who is convicted of a battery under |
31 | paragraph (2)(b) on a law enforcement officer or a firefighter |
32 | and, during the commission of the offense, such person used: |
33 | 1. A "firearm" or "destructive device" as those terms are |
34 | defined in s. 790.001, shall be sentenced to a minimum term of |
35 | imprisonment of 20 years. |
36 | 2. A semiautomatic firearm and its high-capacity |
37 | detachable box magazine, as defined in s. 775.087(3), or a |
38 | machine gun as defined in s. 790.001, shall be sentenced to a |
39 | minimum term of imprisonment of 25 years. |
40 |
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41 | Notwithstanding s. 948.01, adjudication of guilt or imposition |
42 | of sentence shall not be suspended, deferred, or withheld, and |
43 | the defendant is not eligible for statutory gain-time under s. |
44 | 944.275 or any form of discretionary early release, other than |
45 | pardon or executive clemency, or conditional medical release |
46 | under s. 947.149, prior to serving the minimum sentence. |
47 | Section 2. This act shall take effect October 1, 2011. |