Florida Senate - 2023 SB 446 By Senator Rodriguez 40-01036-23 2023446__ 1 A bill to be entitled 2 An act relating to offenses committed upon assistant 3 state attorneys; amending s. 784.07, F.S.; providing 4 for the enhancement of criminal penalties for certain 5 assault or battery offenses committed upon assistant 6 state attorneys; providing an effective date. 7 8 Be It Enacted by the Legislature of the State of Florida: 9 10 Section 1. Paragraph (d) of subsection (1) of section 11 784.07, Florida Statutes, is amended, and subsection (2) of that 12 section is republished, to read: 13 784.07 Assault or battery of
law enforcement officers,14 firefighters, emergency medical care providers, public transit15 employees or agents, or otherspecified officers; 16 reclassification of offenses; minimum sentences.— 17 (1) As used in this section, the term: 18 (d) “Law enforcement officer” includes a law enforcement 19 officer, a correctional officer, a correctional probation 20 officer, a part-time law enforcement officer, a part-time 21 correctional officer, an auxiliary law enforcement officer, and 22 an auxiliary correctional officer, as those terms are 23 respectively defined in s. 943.10, and any county probation 24 officer; an employee or agent of the Department of Corrections 25 who supervises or provides services to inmates; an officer of 26 the Florida Commission on Offender Review; a federal law 27 enforcement officer as defined in s. 901.1505; andlaw 28 enforcement personnel of the Fish and Wildlife Conservation 29 Commission, the Department of Environmental Protection, or the 30 Department of Law Enforcement; and an assistant state attorney, 31 as described in s. 27.181. 32 (2) Whenever any person is charged with knowingly 33 committing an assault or battery upon a law enforcement officer, 34 a firefighter, an emergency medical care provider, a railroad 35 special officer, a traffic accident investigation officer as 36 described in s. 316.640, a nonsworn law enforcement agency 37 employee who is certified as an agency inspector, a blood 38 alcohol analyst, or a breath test operator while such employee 39 is in uniform and engaged in processing, testing, evaluating, 40 analyzing, or transporting a person who is detained or under 41 arrest for DUI, a law enforcement explorer, a traffic infraction 42 enforcement officer as described in s. 316.640, a parking 43 enforcement specialist as defined in s. 316.640, a person 44 licensed as a security officer as defined in s. 493.6101 and 45 wearing a uniform that bears at least one patch or emblem that 46 is visible at all times that clearly identifies the employing 47 agency and that clearly identifies the person as a licensed 48 security officer, or a security officer employed by the board of 49 trustees of a community college, while the officer, firefighter, 50 emergency medical care provider, railroad special officer, 51 traffic accident investigation officer, traffic infraction 52 enforcement officer, inspector, analyst, operator, law 53 enforcement explorer, parking enforcement specialist, public 54 transit employee or agent, or security officer is engaged in the 55 lawful performance of his or her duties, the offense for which 56 the person is charged shall be reclassified as follows: 57 (a) In the case of assault, from a misdemeanor of the 58 second degree to a misdemeanor of the first degree. 59 (b) In the case of battery, from a misdemeanor of the first 60 degree to a felony of the third degree. Notwithstanding any 61 other provision of law, a person convicted of battery upon a law 62 enforcement officer committed in furtherance of a riot or an 63 aggravated riot prohibited under s. 870.01 shall be sentenced to 64 a minimum term of imprisonment of 6 months. 65 (c) In the case of aggravated assault, from a felony of the 66 third degree to a felony of the second degree. Notwithstanding 67 any other provision of law, any person convicted of aggravated 68 assault upon a law enforcement officer shall be sentenced to a 69 minimum term of imprisonment of 3 years. 70 (d) In the case of aggravated battery, from a felony of the 71 second degree to a felony of the first degree. Notwithstanding 72 any other provision of law, any person convicted of aggravated 73 battery of a law enforcement officer shall be sentenced to a 74 minimum term of imprisonment of 5 years. 75 Section 2. This act shall take effect October 1, 2023.