Bill Text: FL S1094 | 2010 | Regular Session | Introduced
Bill Title: Assault and Battery/Social Workers [SPSC]
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2010-04-30 - Died in Committee on Criminal Justice [S1094 Detail]
Download: Florida-2010-S1094-Introduced.html
Florida Senate - 2010 SB 1094 By Senator Justice 16-01080-10 20101094__ 1 A bill to be entitled 2 An act relating to assault and battery; creating s. 3 784.071, F.S.; providing for the upgrading of the 4 degree of specified assault and battery offenses 5 committed against specified persons based on their 6 position or employment; providing for sentencing; 7 providing for additional imprisonment in certain 8 circumstances; prohibiting gain-time and discretionary 9 early release for offenders; providing an exception; 10 providing an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Section 784.071, Florida Statutes, is created to 15 read: 16 784.071 Assault or battery on social workers and other 17 specified persons.— 18 (1)(a) Whenever a person is charged with committing an 19 assault or aggravated assault or a battery or aggravated battery 20 upon a person who is licensed under chapter 490 or chapter 491 21 or is a social worker as described in s. 491.016(2) and when the 22 person committing the offense knows or has reason to know the 23 identity or position or employment of the victim and at the time 24 of the incident the victim is in the course of performing his or 25 her duties in that position or employment or the incident is 26 related to that position or employment, the offense for which 27 the person is charged shall be reclassified as follows: 28 1. In the case of assault, from a misdemeanor of the second 29 degree to a misdemeanor of the first degree. 30 2. In the case of battery, from a misdemeanor of the first 31 degree to a felony of the third degree. 32 3. In the case of aggravated assault, from a felony of the 33 third degree to a felony of the second degree. 34 4. In the case of aggravated battery, from a felony of the 35 second degree to a felony of the first degree. 36 (b) Notwithstanding any other provision of law, any person 37 convicted of aggravated assault or aggravated battery of a 38 person defined in paragraph (a) shall be fined not more than 39 $10,000, shall be ordered by the sentencing judge to make 40 restitution to the victim of such offense and perform up to 500 41 hours of community service work, and, except as provided in 42 subsection (2), shall be sentenced to a minimum term of 43 imprisonment of 5 years. Restitution and community service work 44 shall be in addition to any fine or sentence which may be 45 imposed and shall not be in lieu thereof. 46 (2) Any person who is convicted of a battery under 47 subparagraph (1)(a)2. and, during the commission of the offense, 48 possessed: 49 (a) A “firearm” or “destructive device” as those terms are 50 defined in s. 790.001, shall be sentenced to a minimum term of 51 imprisonment of 3 years in addition to that provided in 52 subsection (1). 53 (b) A semiautomatic firearm and its high-capacity 54 detachable box magazine, as defined in s. 775.087(3), or a 55 machine gun as defined in s. 790.001, shall be sentenced to a 56 minimum term of imprisonment of 8 years in addition to that 57 provided in subsection (1). 58 (3) Notwithstanding s. 948.01, adjudication of guilt or 59 imposition of sentence shall not be suspended, deferred, or 60 withheld, and the defendant is not eligible for statutory gain 61 time under s. 944.275 or any form of discretionary early 62 release, other than pardon or executive clemency, or conditional 63 medical release under s. 947.149, prior to serving the minimum 64 sentence. 65 Section 2. This act shall take effect October 1, 2010.
