Senate Bill 1866 (2020) — Assault or battery
SB 1866
Florida Bills
Florida Senate - 2020 SB By Senator Pizzo 38-01452-20 20201866__ CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled
An act relating to assault or battery; amending s. 2 784.07, F.S.; providing for reclassification of assault or battery offenses committed upon certain persons while they are engaged in the lawful performance of their duties; providing an effective date. 7
Be It Enacted by the Legislature of the State of Florida: 9
Section 1. Subsection (2) of
section 784.07, Florida Statutes, is amended to read: 12 784.07 Assault or battery of law enforcement officers, 13 firefighters, emergency medical care providers, public transit employees or agents, or other specified officers; 15 reclassification of offenses; minimum sentences.— 16
(2) Whenever any person is charged with knowingly committing an assault or battery upon a law enforcement officer, 18 a firefighter, an emergency medical care provider, a railroad special officer, a traffic accident investigation officer as described in s. 316.640, a nonsworn law enforcement agency employee who is certified as an agency inspector, a blood alcohol analyst, or a breath test operator while such employee is in uniform and engaged in processing, testing, evaluating, 24 analyzing, or transporting a person who is detained or under arrest for DUI, a law enforcement explorer, a traffic infraction enforcement officer as described in s. 316.640, a parking enforcement specialist as defined in s. 316.640, a person licensed as a security officer as defined in s. 493.6101 and Florida Senate - 2020 SB 1866 38-01452-20 20201866__ CODING: Words stricken are deletions; words underlined are additions. wearing a uniform that bears at least one patch or emblem that is visible at all times that clearly identifies the employing agency and that clearly identifies the person as a licensed security officer, or a security officer employed by the board of trustees of a community college, a code enforcement officer as defined in s. 162.21, an employee of a state park or a park operated by a political subdivision, or a lifeguard certified under s. 514.071, while the officer, firefighter, emergency medical care provider, railroad special officer, traffic accident investigation officer, traffic infraction enforcement officer, inspector, analyst, operator, law enforcement explorer, 40 parking enforcement specialist, public transit employee or agent, or security officer, code enforcement officer, park employee, or lifeguard is engaged in the lawful performance of his or her duties, the offense for which the person is charged shall be reclassified as follows: 45
(
a) In the case of assault, from a misdemeanor of the second degree to a misdemeanor of the first degree. 47
(
b) In the case of battery, from a misdemeanor of the first degree to a felony of the third degree. 49
(
c) In the case of aggravated assault, from a felony of the third degree to a felony of the second degree. Notwithstanding any other provision of law, any person convicted of aggravated assault upon a law enforcement officer shall be sentenced to a minimum term of imprisonment of years. 54
(
d) In the case of aggravated battery, from a felony of the second degree to a felony of the first degree. Notwithstanding any other provision of law, any person convicted of aggravated battery of a law enforcement officer shall be sentenced to a Florida Senate - 2020 SB 1866 38-01452-20 20201866__ CODING: Words stricken are deletions; words underlined are additions. minimum term of imprisonment of years. 59