Title: Enhanced Penalties for Assault or Battery

Summary: Revises provisions on reclassification of assault or battery of specified officers to include family or household members of certain persons; prohibits an assault or battery on specified courtroom personnel & their family or household members.

Full Text:
An act relating to enhanced penalties for assault or battery; amending s. 784.07, F.S.; revising provisions on reclassification of assault or battery of specified officers to include family or household members of certain persons; creating s. 784.079, F.S.; providing a definition; prohibiting an assault or battery on specified courtroom personnel and their famil yor household members; providing criminal penalties; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Subsection (2) of section 784.07, Florida Statutes, is amended to read: 784.07 Assault or ba ttery of law enforcement officers, firefighters, emergency medical care providers, public transit employees or agents, or other specified officers; reclassification of offenses; minimum sentences.-(2) Whenever any person is charged with knowingly committing an assault or battery upon a law enforcement officer, 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 HB 2021 alcohol analyst, or a breath test operator while such employee is in uniform and engaged in processing, testing, evaluating, analyzing, or transporting a person who is detained or under arrest for DUI, a law enfor cement 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 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, while the offi cer, firefighter, emergency medical care provider, railroad special officer, traffic accident investigation officer, traffic infraction enforcement officer, inspector, analyst, operator, law enforcement explorer, parking enforcement specialist, public transit employee or agent, or security officer is engaged in the lawful performance of his or her duties, or a family or household member, as defined in s. 741.28, of a person listed in this subsection, the offense for which the person is charged shall be recl assified as follows: (a) In the case of assault, from a misdemeanor of the second degree to a misdemeanor of the first degree. (b) In the case of battery, from a misdemeanor of the first degree to a felony of the third degree. HB 2021 (c) In the case of aggr avated 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. (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 minimum term of imprisonment of years. Section 2. Section 784.079, Florida Statutes, is created to read: 784.079 Assault or battery on courtroom personnel.-(1) As used in this section, the term "courtroom personnel" means any person employed by or performing contractual services in a courthouse or other judicial facility in this state directly related to a trial, hearing, grand jury proceeding, or other judicial proceeding. The term includes attorneys, court reporters, probation officers, jud ges, bailiffs, and clerks. (2) It is unlawful for any person to commit an assault or battery on courtroom personnel whom he or she knows or reasonably should know to be such a person and who is acting in the course of his or her duties, or a family or ho usehold member, as defined in s. 741.28, of such a person, regardless of HB 2021 whether the assault or battery occurs on the premises of a courthouse or other judicial facility. (3)(a) Except as provided in paragraph (b), a person who violates subsection (2) co mmits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) A person who commits a second or subsequent violation of subsection (2) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, with a mandatory minimum term of imprisonment of years. Section 3. This act shall take effect October 1, 2021.