Bill Text: FL S1808 | 2011 | Regular Session | Comm Sub

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Bill Title: Assault or Battery

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S1808 Detail]

Download: Florida-2011-S1808-Comm_Sub.html

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       Florida Senate - 2011                             CS for SB 1808
       
       
       
       By the Committee on Criminal Justice; and Senator Diaz de la
       Portilla
       
       
       
       591-04457-11                                          20111808c1
    1                        A bill to be entitled                      
    2         An act relating to assault or battery of law
    3         enforcement officers or firefighters; amending s.
    4         784.07, F.S.; increasing the mandatory minimum term of
    5         imprisonment for battery of a law enforcement officer
    6         or firefighter while possessing a firearm or
    7         destructive device; increasing the mandatory minimum
    8         term of imprisonment for such a battery while
    9         possessing a semiautomatic firearm and its high
   10         capacity detachable box magazine or a machine gun;
   11         providing an effective date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsection (3) of section 784.07, Florida
   16  Statutes, is amended to read:
   17         784.07 Assault or battery of law enforcement officers,
   18  firefighters, emergency medical care providers, public transit
   19  employees or agents, or other specified officers;
   20  reclassification of offenses; minimum sentences.—
   21         (3)(a) Except as provided in paragraph (b), any person who
   22  is convicted of a battery under paragraph (2)(b) and, during the
   23  commission of the offense, such person possessed:
   24         1.(a) A “firearm” or “destructive device” as those terms
   25  are defined in s. 790.001, shall be sentenced to a minimum term
   26  of imprisonment of 3 years.
   27         2.(b) A semiautomatic firearm and its high-capacity
   28  detachable box magazine, as defined in s. 775.087(3), or a
   29  machine gun as defined in s. 790.001, shall be sentenced to a
   30  minimum term of imprisonment of 8 years.
   31         (b) Any person who is convicted of a battery under
   32  paragraph (2)(b) on a law enforcement officer or a firefighter
   33  and, during the commission of the offense, such person
   34  possessed:
   35         1. A “firearm” or “destructive device” as those terms are
   36  defined in s. 790.001, shall be sentenced to a minimum term of
   37  imprisonment of 10 years.
   38         2. A semiautomatic firearm and its high-capacity detachable
   39  box magazine, as defined in s. 775.087(3), or a machine gun as
   40  defined in s. 790.001, shall be sentenced to a minimum term of
   41  imprisonment of 12 years.
   42  
   43  Notwithstanding s. 948.01, adjudication of guilt or imposition
   44  of sentence shall not be suspended, deferred, or withheld, and
   45  the defendant is not eligible for statutory gain-time under s.
   46  944.275 or any form of discretionary early release, other than
   47  pardon or executive clemency, or conditional medical release
   48  under s. 947.149, prior to serving the minimum sentence.
   49         Section 2. This act shall take effect October 1, 2011.