Bill Text: FL S1866 | 2020 | Regular Session | Introduced
Bill Title: Assault or Battery
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2020-03-14 - Died in Criminal Justice [S1866 Detail]
Download: Florida-2020-S1866-Introduced.html
Florida Senate - 2020 SB 1866
By Senator Pizzo
38-01452-20 20201866__
1 A bill to be entitled
2 An act relating to assault or battery; amending s.
3 784.07, F.S.; providing for reclassification of
4 assault or battery offenses committed upon certain
5 persons while they are engaged in the lawful
6 performance of their duties; providing an effective
7 date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Subsection (2) of section 784.07, Florida
12 Statutes, is amended to read:
13 784.07 Assault or battery of law enforcement officers,
14 firefighters, emergency medical care providers, public transit
15 employees or agents, or other specified officers;
16 reclassification of offenses; minimum sentences.—
17 (2) Whenever any person is charged with knowingly
18 committing an assault or battery upon a law enforcement officer,
19 a firefighter, an emergency medical care provider, a railroad
20 special officer, a traffic accident investigation officer as
21 described in s. 316.640, a nonsworn law enforcement agency
22 employee who is certified as an agency inspector, a blood
23 alcohol analyst, or a breath test operator while such employee
24 is in uniform and engaged in processing, testing, evaluating,
25 analyzing, or transporting a person who is detained or under
26 arrest for DUI, a law enforcement explorer, a traffic infraction
27 enforcement officer as described in s. 316.640, a parking
28 enforcement specialist as defined in s. 316.640, a person
29 licensed as a security officer as defined in s. 493.6101 and
30 wearing a uniform that bears at least one patch or emblem that
31 is visible at all times that clearly identifies the employing
32 agency and that clearly identifies the person as a licensed
33 security officer, or a security officer employed by the board of
34 trustees of a community college, a code enforcement officer as
35 defined in s. 162.21, an employee of a state park or a park
36 operated by a political subdivision, or a lifeguard certified
37 under s. 514.071, while the officer, firefighter, emergency
38 medical care provider, railroad special officer, traffic
39 accident investigation officer, traffic infraction enforcement
40 officer, inspector, analyst, operator, law enforcement explorer,
41 parking enforcement specialist, public transit employee or
42 agent, or security officer, code enforcement officer, park
43 employee, or lifeguard is engaged in the lawful performance of
44 his or her duties, the offense for which the person is charged
45 shall be reclassified as follows:
46 (a) In the case of assault, from a misdemeanor of the
47 second degree to a misdemeanor of the first degree.
48 (b) In the case of battery, from a misdemeanor of the first
49 degree to a felony of the third degree.
50 (c) In the case of aggravated assault, from a felony of the
51 third degree to a felony of the second degree. Notwithstanding
52 any other provision of law, any person convicted of aggravated
53 assault upon a law enforcement officer shall be sentenced to a
54 minimum term of imprisonment of 3 years.
55 (d) In the case of aggravated battery, from a felony of the
56 second degree to a felony of the first degree. Notwithstanding
57 any other provision of law, any person convicted of aggravated
58 battery of a law enforcement officer shall be sentenced to a
59 minimum term of imprisonment of 5 years.
60 Section 2. This act shall take effect October 1, 2020.
