Bill Text: FL S0742 | 2018 | Regular Session | Introduced


Bill Title: Assault or Battery on Health Care Providers

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2018-03-10 - Died in Criminal Justice [S0742 Detail]

Download: Florida-2018-S0742-Introduced.html
       Florida Senate - 2018                                     SB 742
       
       
        
       By Senator Grimsley
       
       
       
       
       
       26-00906-18                                            2018742__
    1                        A bill to be entitled                      
    2         An act relating to assault or battery on health care
    3         providers; amending s. 784.07, F.S.; defining the term
    4         “health care provider”; providing for the
    5         reclassification of certain assault and battery
    6         offenses committed on health care providers; amending
    7         ss. 901.15 and 985.644, F.S.; conforming provisions to
    8         changes made by the act; reenacting ss.
    9         775.0877(1)(d), (e), (f), and (g), 794.056(1),
   10         921.0022(3)(d), 938.08, and 938.085, F.S., relating to
   11         criminal transmission of HIV, the Rape Crisis Program
   12         Trust Fund, the offense severity ranking chart of the
   13         Criminal Punishment Code, additional cost to fund
   14         programs in domestic violence, and additional cost to
   15         fund rape crisis centers, respectively, to incorporate
   16         the amendments made by the act in cross-references to
   17         amended provisions; providing an effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Paragraphs (c) through (f) of subsection (1) of
   22  section 784.07, Florida Statutes, are redesignated as paragraphs
   23  (d) through (g), respectively, a new paragraph (c) is added to
   24  that subsection, subsection (2) of that section is amended, and
   25  subsection (3) of that section is republished, to read:
   26         784.07 Assault or battery of law enforcement officers,
   27  firefighters, emergency medical care providers, health care
   28  providers, public transit employees or agents, or other
   29  specified officers; reclassification of offenses; minimum
   30  sentences.—
   31         (1) As used in this section, the term:
   32         (c)“Health care provider” means a physician, a registered
   33  nurse, an employee, an agent, or a volunteer of a hospital, as
   34  defined in s. 395.002, or a nursing home facility, as defined in
   35  s. 400.021, who is employed by, under contract with, or
   36  otherwise authorized by such hospital or nursing home facility
   37  to perform duties directly associated with the care and
   38  treatment rendered by the hospital or nursing home facility.
   39         (2) Whenever any person is charged with knowingly
   40  committing an assault or battery upon a law enforcement officer,
   41  a firefighter, an emergency medical care provider, a health care
   42  provider, a railroad special officer, a traffic accident
   43  investigation officer as described in s. 316.640, a nonsworn law
   44  enforcement agency employee who is certified as an agency
   45  inspector, a blood alcohol analyst, or a breath test operator
   46  while such employee is in uniform and engaged in processing,
   47  testing, evaluating, analyzing, or transporting a person who is
   48  detained or under arrest for DUI, a law enforcement explorer, a
   49  traffic infraction enforcement officer as described in s.
   50  316.640, a parking enforcement specialist as defined in s.
   51  316.640, a person licensed as a security officer as defined in
   52  s. 493.6101 and wearing a uniform that bears at least one patch
   53  or emblem that is visible at all times that clearly identifies
   54  the employing agency and that clearly identifies the person as a
   55  licensed security officer, or a security officer employed by the
   56  board of trustees of a community college, while the officer,
   57  firefighter, emergency medical care provider, health care
   58  provider, railroad special officer, traffic accident
   59  investigation officer, traffic infraction enforcement officer,
   60  inspector, analyst, operator, law enforcement explorer, parking
   61  enforcement specialist, public transit employee or agent, or
   62  security officer is engaged in the lawful performance of his or
   63  her duties, the offense for which the person is charged shall be
   64  reclassified as follows:
   65         (a) In the case of assault, from a misdemeanor of the
   66  second degree to a misdemeanor of the first degree.
   67         (b) In the case of battery, from a misdemeanor of the first
   68  degree to a felony of the third degree.
   69         (c) In the case of aggravated assault, from a felony of the
   70  third degree to a felony of the second degree. Notwithstanding
   71  any other provision of law, any person convicted of aggravated
   72  assault upon a law enforcement officer shall be sentenced to a
   73  minimum term of imprisonment of 3 years.
   74         (d) In the case of aggravated battery, from a felony of the
   75  second degree to a felony of the first degree. Notwithstanding
   76  any other provision of law, any person convicted of aggravated
   77  battery of a law enforcement officer shall be sentenced to a
   78  minimum term of imprisonment of 5 years.
   79         (3) Any person who is convicted of a battery under
   80  paragraph (2)(b) and, during the commission of the offense, such
   81  person possessed:
   82         (a) A “firearm” or “destructive device” as those terms are
   83  defined in s. 790.001, shall be sentenced to a minimum term of
   84  imprisonment of 3 years.
   85         (b) A semiautomatic firearm and its high-capacity
   86  detachable box magazine, as defined in s. 775.087(3), or a
   87  machine gun as defined in s. 790.001, shall be sentenced to a
   88  minimum term of imprisonment of 8 years.
   89  
   90  Notwithstanding s. 948.01, adjudication of guilt or imposition
   91  of sentence shall not be suspended, deferred, or withheld, and
   92  the defendant is not eligible for statutory gain-time under s.
   93  944.275 or any form of discretionary early release, other than
   94  pardon or executive clemency, or conditional medical release
   95  under s. 947.149, prior to serving the minimum sentence.
   96         Section 2. Subsection (15) of section 901.15, Florida
   97  Statutes, is amended to read:
   98         901.15 When arrest by officer without warrant is lawful.—A
   99  law enforcement officer may arrest a person without a warrant
  100  when:
  101         (15) There is probable cause to believe that the person has
  102  committed assault upon a law enforcement officer, a firefighter,
  103  an emergency medical care provider, a health care provider,
  104  public transit employees or agents, or other specified officers
  105  as set forth in s. 784.07 or has committed assault or battery
  106  upon any employee of a receiving facility as defined in s.
  107  394.455 who is engaged in the lawful performance of his or her
  108  duties.
  109         Section 3. Paragraph (a) of subsection (3) of section
  110  985.644, Florida Statutes, is amended to read:
  111         985.644 Departmental contracting powers; personnel
  112  standards and investigation.—
  113         (3)(a) All employees of the department and all personnel of
  114  contract providers for any program for children, including all
  115  owners, operators, employees, persons who have access to
  116  confidential juvenile records, and volunteers, must complete:
  117         1. A level 2 employment screening pursuant to chapter 435
  118  before employment. The security background investigation
  119  conducted under this section must ensure that, in addition to
  120  the disqualifying offenses listed in s. 435.04, no person
  121  subject to the background screening provisions of this section
  122  has an arrest awaiting final disposition for, been found guilty
  123  of, regardless of adjudication, or entered a plea of nolo
  124  contendere or guilty to, or been adjudicated delinquent and the
  125  record has not been sealed or expunged for, any offense
  126  prohibited under the following provisions of state law or
  127  similar laws of another jurisdiction:
  128         a. Section 784.07, relating to assault or battery of law
  129  enforcement officers, firefighters, emergency medical care
  130  providers, health care providers, public transit employees or
  131  agents, or other specified officers.
  132         b. Section 817.568, relating to criminal use of personal
  133  identification information.
  134         2. A national criminal records check by the Federal Bureau
  135  of Investigation every 5 years following the date of the
  136  person’s employment.
  137         Section 4. For the purpose of incorporating the amendment
  138  made by this act to section 784.07, Florida Statutes, in
  139  references thereto, paragraphs (d) through (g) of subsection (1)
  140  of section 775.0877, Florida Statutes, are reenacted to read:
  141         775.0877 Criminal transmission of HIV; procedures;
  142  penalties.—
  143         (1) In any case in which a person has been convicted of or
  144  has pled nolo contendere or guilty to, regardless of whether
  145  adjudication is withheld, any of the following offenses, or the
  146  attempt thereof, which offense or attempted offense involves the
  147  transmission of body fluids from one person to another:
  148         (d) Sections 784.011, 784.07(2)(a), and 784.08(2)(d),
  149  relating to assault;
  150         (e) Sections 784.021, 784.07(2)(c), and 784.08(2)(b),
  151  relating to aggravated assault;
  152         (f) Sections 784.03, 784.07(2)(b), and 784.08(2)(c),
  153  relating to battery;
  154         (g) Sections 784.045, 784.07(2)(d), and 784.08(2)(a),
  155  relating to aggravated battery;
  156  
  157  the court shall order the offender to undergo HIV testing, to be
  158  performed under the direction of the Department of Health in
  159  accordance with s. 381.004, unless the offender has undergone
  160  HIV testing voluntarily or pursuant to procedures established in
  161  s. 381.004(2)(h)6. or s. 951.27, or any other applicable law or
  162  rule providing for HIV testing of criminal offenders or inmates,
  163  subsequent to her or his arrest for an offense enumerated in
  164  paragraphs (a)-(n) for which she or he was convicted or to which
  165  she or he pled nolo contendere or guilty. The results of an HIV
  166  test performed on an offender pursuant to this subsection are
  167  not admissible in any criminal proceeding arising out of the
  168  alleged offense.
  169         Section 5. For the purpose of incorporating the amendment
  170  made by this act to section 784.07, Florida Statutes, in a
  171  reference thereto, subsection (1) of section 794.056, Florida
  172  Statutes, is reenacted to read:
  173         794.056 Rape Crisis Program Trust Fund.—
  174         (1) The Rape Crisis Program Trust Fund is created within
  175  the Department of Health for the purpose of providing funds for
  176  rape crisis centers in this state. Trust fund moneys shall be
  177  used exclusively for the purpose of providing services for
  178  victims of sexual assault. Funds credited to the trust fund
  179  consist of those funds collected as an additional court
  180  assessment in each case in which a defendant pleads guilty or
  181  nolo contendere to, or is found guilty of, regardless of
  182  adjudication, an offense provided in s. 775.21(6) and (10)(a),
  183  (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s.
  184  784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s.
  185  784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s.
  186  787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08;
  187  former s. 796.03; former s. 796.035; s. 796.04; s. 796.05; s.
  188  796.06; s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s.
  189  810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s.
  190  825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s.
  191  847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a),
  192  (13), and (14)(c); or s. 985.701(1). Funds credited to the trust
  193  fund also shall include revenues provided by law, moneys
  194  appropriated by the Legislature, and grants from public or
  195  private entities.
  196         Section 6. For the purpose of incorporating the amendment
  197  made by this act to section 784.07, Florida Statutes, in a
  198  reference thereto, paragraph (d) of subsection (3) of section
  199  921.0022, Florida Statutes, is reenacted to read:
  200         921.0022 Criminal Punishment Code; offense severity ranking
  201  chart.—
  202         (3) OFFENSE SEVERITY RANKING CHART
  203         (d) LEVEL 4
  204  
  205  
  206  FloridaStatute    FelonyDegree           Description            
  207  316.1935(3)(a)       2nd   Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
  208  499.0051(1)          3rd   Failure to maintain or deliver transaction history, transaction information, or transaction statements.
  209  499.0051(5)          2nd   Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
  210  517.07(1)            3rd   Failure to register securities.   
  211  517.12(1)            3rd   Failure of dealer, associated person, or issuer of securities to register.
  212  784.07(2)(b)         3rd   Battery of law enforcement officer, firefighter, etc.
  213  784.074(1)(c)        3rd   Battery of sexually violent predators facility staff.
  214  784.075              3rd   Battery on detention or commitment facility staff.
  215  784.078              3rd   Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
  216  784.08(2)(c)         3rd   Battery on a person 65 years of age or older.
  217  784.081(3)           3rd   Battery on specified official or employee.
  218  784.082(3)           3rd   Battery by detained person on visitor or other detainee.
  219  784.083(3)           3rd   Battery on code inspector.        
  220  784.085              3rd   Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
  221  787.03(1)            3rd   Interference with custody; wrongly takes minor from appointed guardian.
  222  787.04(2)            3rd   Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
  223  787.04(3)            3rd   Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
  224  787.07               3rd   Human smuggling.                  
  225  790.115(1)           3rd   Exhibiting firearm or weapon within 1,000 feet of a school.
  226  790.115(2)(b)        3rd   Possessing electric weapon or device, destructive device, or other weapon on school property.
  227  790.115(2)(c)        3rd   Possessing firearm on school property.
  228  800.04(7)(c)         3rd   Lewd or lascivious exhibition; offender less than 18 years.
  229  810.02(4)(a)         3rd   Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
  230  810.02(4)(b)         3rd   Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
  231  810.06               3rd   Burglary; possession of tools.    
  232  810.08(2)(c)         3rd   Trespass on property, armed with firearm or dangerous weapon.
  233  812.014(2)(c)3.      3rd   Grand theft, 3rd degree $10,000 or more but less than $20,000.
  234  812.014 (2)(c)4.-10.   3rd   Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
  235  812.0195(2)          3rd   Dealing in stolen property by use of the Internet; property stolen $300 or more.
  236  817.505(4)(a)        3rd   Patient brokering.                
  237  817.563(1)           3rd   Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
  238  817.568(2)(a)        3rd   Fraudulent use of personal identification information.
  239  817.625(2)(a)        3rd   Fraudulent use of scanning device, skimming device, or reencoder.
  240  817.625(2)(c)        3rd   Possess, sell, or deliver skimming device.
  241  828.125(1)           2nd   Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
  242  837.02(1)            3rd   Perjury in official proceedings.  
  243  837.021(1)           3rd   Make contradictory statements in official proceedings.
  244  838.022              3rd   Official misconduct.              
  245  839.13(2)(a)         3rd   Falsifying records of an individual in the care and custody of a state agency.
  246  839.13(2)(c)         3rd   Falsifying records of the Department of Children and Families.
  247  843.021              3rd   Possession of a concealed handcuff key by a person in custody.
  248  843.025              3rd   Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
  249  843.15(1)(a)         3rd   Failure to appear while on bail for felony (bond estreature or bond jumping).
  250  847.0135(5)(c)       3rd   Lewd or lascivious exhibition using computer; offender less than 18 years.
  251  874.05(1)(a)         3rd   Encouraging or recruiting another to join a criminal gang.
  252  893.13(2)(a)1.       2nd   Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).
  253  914.14(2)            3rd   Witnesses accepting bribes.       
  254  914.22(1)            3rd   Force, threaten, etc., witness, victim, or informant.
  255  914.23(2)            3rd   Retaliation against a witness, victim, or informant, no bodily injury.
  256  918.12               3rd   Tampering with jurors.            
  257  934.215              3rd   Use of two-way communications device to facilitate commission of a crime.
  258         Section 7. For the purpose of incorporating the amendment
  259  made by this act to section 784.07, Florida Statutes, in a
  260  reference thereto, section 938.08, Florida Statutes, is
  261  reenacted to read:
  262         938.08 Additional cost to fund programs in domestic
  263  violence.—In addition to any sanction imposed for a violation of
  264  s. 784.011, s. 784.021, s. 784.03, s. 784.041, s. 784.045, s.
  265  784.048, s. 784.07, s. 784.08, s. 784.081, s. 784.082, s.
  266  784.083, s. 784.085, s. 794.011, or for any offense of domestic
  267  violence described in s. 741.28, the court shall impose a
  268  surcharge of $201. Payment of the surcharge shall be a condition
  269  of probation, community control, or any other court-ordered
  270  supervision. The sum of $85 of the surcharge shall be deposited
  271  into the Domestic Violence Trust Fund established in s. 741.01.
  272  The clerk of the court shall retain $1 of each surcharge that
  273  the clerk of the court collects as a service charge of the
  274  clerk’s office. The remainder of the surcharge shall be provided
  275  to the governing board of the county and must be used only to
  276  defray the costs of incarcerating persons sentenced under s.
  277  741.283 and provide additional training to law enforcement
  278  personnel in combating domestic violence.
  279         Section 8. For the purpose of incorporating the amendment
  280  made by this act to section 784.07, Florida Statutes, in a
  281  reference thereto, section 938.085, Florida Statutes, is
  282  reenacted to read:
  283         938.085 Additional cost to fund rape crisis centers.—In
  284  addition to any sanction imposed when a person pleads guilty or
  285  nolo contendere to, or is found guilty of, regardless of
  286  adjudication, a violation of s. 775.21(6) and (10)(a), (b), and
  287  (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045;
  288  s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s.
  289  784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s.
  290  787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; former s.
  291  796.03; former s. 796.035; s. 796.04; s. 796.05; s. 796.06; s.
  292  796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s.
  293  810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s.
  294  827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s.
  295  847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and
  296  (14)(c); or s. 985.701(1), the court shall impose a surcharge of
  297  $151. Payment of the surcharge shall be a condition of
  298  probation, community control, or any other court-ordered
  299  supervision. The sum of $150 of the surcharge shall be deposited
  300  into the Rape Crisis Program Trust Fund established within the
  301  Department of Health by chapter 2003-140, Laws of Florida. The
  302  clerk of the court shall retain $1 of each surcharge that the
  303  clerk of the court collects as a service charge of the clerk’s
  304  office.
  305         Section 9. This act shall take effect October 1, 2018.

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