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HB 1385 — Domestic Violence

by Rep. Nuñez and others (SB 1564 by Senator Garcia)

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Criminal Justice Committee (CJ)

The bill amends s. 741.283, F.S., to increase the penalties for both first-time and subsequent domestic violence offenders who intentionally cause bodily harm to another person and are adjudicated guilty. The bill requires a court to order a defendant to serve the following time in a county jail:

  • 10 days for a first offense;
  • 15 days for a second offense; and
  • 20 days for a third or subsequent offense.

The bill also enhances the penalties if the domestic violence offense took place in front of a child, under 16 years of age, who is a family or household member of the victim or the perpetrator. The bill requires a court to order a defendant to serve the following time in a county jail:

  • 15 days for a first offense;
  • 20 days for a second offense; and
  • 30 days for a third or subsequent offense.

Section 775.08435, F.S., is amended to add an additional circumstance in which a court is prohibited from withholding the adjudication of a defendant. The bill prohibits a court from withholding adjudication for a third degree felony that is a crime of domestic violence unless certain conditions are met.

The bill clarifies that a court must order the defendant to both attend and complete a batterer’s intervention program as a condition of probation. A failure to complete a batterer’s intervention program may result in a violation of probation.

The bill creates s. 741.30(1)(g), F.S., to prohibit attorney’s fees from being awarded in any injunction proceeding for protection against domestic violence.

If approved by the Governor, these provisions take effect October 1, 2017.

Vote: Senate 37-0; House 117-0