Senate Bill sb2266c1
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Florida Senate - 2006 CS for SB 2266
By the Committee on Children and Families; and Senator Rich
586-2122-06
1 A bill to be entitled
2 An act relating to inappropriate or excessively
3 harsh corporal discipline; creating s. 827.032,
4 F.S.; defining the term "inappropriate or
5 excessively harsh corporal discipline";
6 prohibiting parents, legal custodians, and
7 caregivers from inflicting inappropriate or
8 excessively harsh corporal discipline;
9 providing penalties; providing applicability;
10 amending s. 921.0022, F.S.; providing ranking
11 on the offense severity ranking chart;
12 providing an effective date.
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14 Be It Enacted by the Legislature of the State of Florida:
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16 Section 1. Section 827.032, Florida Statutes, is
17 created to read:
18 827.032 Inappropriate or excessively harsh corporal
19 discipline; penalties.--
20 (1) As used in this section, the term "inappropriate
21 of excessively harsh corporal discipline" means:
22 (a) An act of discipline that results or could
23 reasonably be expected to result in any of the following or
24 other, similar injuries:
25 1. Sprains, dislocations, or cartilage damage.
26 2. Bone or skull fracture.
27 3. Brain or spinal cord damage.
28 4. Intracranial hemorrhage or injury to other internal
29 organs.
30 5. Asphyxiation, suffocation, or drowning.
31 6. Injury resulting from the use of a deadly weapon.
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Florida Senate - 2006 CS for SB 2266
586-2122-06
1 7. Burns or scalding.
2 8. Cuts, lacerations, punctures, or bites.
3 9. Disfigurement.
4 10. Loss or impairment of a body part or function.
5 11. Significant bruises or welts.
6 12. Mental injury, as defined in s. 39.01.
7 (2) A parent, legal custodian, or caregiver who
8 knowingly or willfully inflicts inappropriate or excessively
9 harsh corporal discipline upon a child commits a felony of the
10 third degree, punishable as provided in s. 775.082, s.
11 775.083, or s. 775.084.
12 (3) This section does not preclude prosecution under
13 s. 827.03 when a violation of s. 827.03 is charged in lieu of
14 a violation of this section.
15 Section 2. Paragraph (f) of subsection (3) of section
16 921.0022, Florida Statutes, is amended to read: (attached)
17 921.0022 Criminal Punishment Code; offense severity
18 ranking chart.--
19 (3) OFFENSE SEVERITY RANKING CHART
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21 Florida Felony
22 Statute Degree Description
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25 (f) LEVEL 6
26 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
27 conviction.
28 499.0051(3) 2nd Forgery of pedigree papers.
29 499.0051(4) 2nd Purchase or receipt of legend
30 drug from unauthorized person.
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Florida Senate - 2006 CS for SB 2266
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1 499.0051(5) 2nd Sale of legend drug to
2 unauthorized person.
3 775.0875(1) 3rd Taking firearm from law
4 enforcement officer.
5 784.021(1)(a) 3rd Aggravated assault; deadly weapon
6 without intent to kill.
7 784.021(1)(b) 3rd Aggravated assault; intent to
8 commit felony.
9 784.041 3rd Felony battery.
10 784.048(3) 3rd Aggravated stalking; credible
11 threat.
12 784.048(5) 3rd Aggravated stalking of person
13 under 16.
14 784.07(2)(c) 2nd Aggravated assault on law
15 enforcement officer.
16 784.074(1)(b) 2nd Aggravated assault on sexually
17 violent predators facility staff.
18 784.08(2)(b) 2nd Aggravated assault on a person 65
19 years of age or older.
20 784.081(2) 2nd Aggravated assault on specified
21 official or employee.
22 784.082(2) 2nd Aggravated assault by detained
23 person on visitor or other
24 detainee.
25 784.083(2) 2nd Aggravated assault on code
26 inspector.
27 787.02(2) 3rd False imprisonment; restraining
28 with purpose other than those in
29 s. 787.01.
30 790.115(2)(d) 2nd Discharging firearm or weapon on
31 school property.
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Florida Senate - 2006 CS for SB 2266
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1 790.161(2) 2nd Make, possess, or throw
2 destructive device with intent to
3 do bodily harm or damage
4 property.
5 790.164(1) 2nd False report of deadly explosive,
6 weapon of mass destruction, or
7 act of arson or violence to state
8 property.
9 790.19 2nd Shooting or throwing deadly
10 missiles into dwellings, vessels,
11 or vehicles.
12 794.011(8)(a) 3rd Solicitation of minor to
13 participate in sexual activity by
14 custodial adult.
15 794.05(1) 2nd Unlawful sexual activity with
16 specified minor.
17 800.04(5)(d) 3rd Lewd or lascivious molestation;
18 victim 12 years of age or older
19 but less than 16 years; offender
20 less than 18 years.
21 800.04(6)(b) 2nd Lewd or lascivious conduct;
22 offender 18 years of age or
23 older.
24 806.031(2) 2nd Arson resulting in great bodily
25 harm to firefighter or any other
26 person.
27 810.02(3)(c) 2nd Burglary of occupied structure;
28 unarmed; no assault or battery.
29 812.014(2)(b)1. 2nd Property stolen $20,000 or more,
30 but less than $100,000, grand
31 theft in 2nd degree.
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Florida Senate - 2006 CS for SB 2266
586-2122-06
1 812.015(9) 2nd Retail theft; property stolen
2 $300 or more; second or
3 subsequent conviction.
4 812.13(2)(c) 2nd Robbery, no firearm or other
5 weapon (strong-arm robbery).
6 817.034(4)(a)1. 1st Communications fraud, value
7 greater than $50,000.
8 817.4821(5) 2nd Possess cloning paraphernalia
9 with intent to create cloned
10 cellular telephones.
11 825.102(1) 3rd Abuse of an elderly person or
12 disabled adult.
13 825.102(3)(c) 3rd Neglect of an elderly person or
14 disabled adult.
15 825.1025(3) 3rd Lewd or lascivious molestation of
16 an elderly person or disabled
17 adult.
18 825.103(2)(c) 3rd Exploiting an elderly person or
19 disabled adult and property is
20 valued at less than $20,000.
21 827.03(1) 3rd Abuse of a child.
22 827.032 3rd Inappropriate or excessively
23 harsh corporal discipline by a
24 parent, legal custodian or
25 caregiver upon a child.
26 827.03(3)(c) 3rd Neglect of a child.
27 827.071(2)&(3) 2nd Use or induce a child in a sexual
28 performance, or promote or direct
29 such performance.
30 836.05 2nd Threats; extortion.
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Florida Senate - 2006 CS for SB 2266
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1 836.10 2nd Written threats to kill or do
2 bodily injury.
3 843.12 3rd Aids or assists person to escape.
4 847.0135(2) 3rd Facilitates sexual conduct of or
5 with a minor or the visual
6 depiction of such conduct.
7 914.23 2nd Retaliation against a witness,
8 victim, or informant, with bodily
9 injury.
10 944.35(3)(a)2. 3rd Committing malicious battery upon
11 or inflicting cruel or inhuman
12 treatment on an inmate or
13 offender on community
14 supervision, resulting in great
15 bodily harm.
16 944.40 2nd Escapes.
17 944.46 3rd Harboring, concealing, aiding
18 escaped prisoners.
19 944.47(1)(a)5. 2nd Introduction of contraband
20 (firearm, weapon, or explosive)
21 into correctional facility.
22 951.22(1) 3rd Intoxicating drug, firearm, or
23 weapon introduced into county
24 facility.
25 Section 3. This act shall take effect October 1, 2006.
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Florida Senate - 2006 CS for SB 2266
586-2122-06
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 2266
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4 Instead of adding the provision to s. 827.03, F.S., the bill
creates a new section of criminal law, s. 827.032, F.S.,
5 incorporating the definition of "harm" found in s. 39.01(30).
6 It amends s. 921.0022, F.S., to add the new section to the
offense severity ranking chart contained in that section.
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