Florida Senate - 2023                             CS for SB 1334
       
       
        
       By the Committee on Criminal Justice; and Senator Martin
       
       
       
       
       
       591-02791-23                                          20231334c1
    1                        A bill to be entitled                      
    2         An act relating to battery by strangulation; creating
    3         s. 784.031, F.S.; prohibiting battery by
    4         strangulation; providing applicability; providing
    5         criminal penalties; amending s. 921.0022, F.S.;
    6         ranking the offense on the offense severity ranking
    7         chart of the Criminal Punishment Code; providing an
    8         effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Section 784.031, Florida Statutes, is created to
   13  read:
   14         784.031Battery by strangulation.—
   15         (1)A person commits battery by strangulation if he or she
   16  knowingly and intentionally, against the will of another person,
   17  impedes the normal breathing or circulation of the blood of that
   18  person, so as to create a risk of, or cause, great bodily harm
   19  by applying pressure on the throat or neck of the other person
   20  or by blocking the nose or mouth of the other person. This
   21  subsection does not apply to any act of medical diagnosis,
   22  treatment, or prescription which is authorized under the laws of
   23  this state.
   24         (2) A person who violates subsection (1) commits a felony
   25  of the third degree, punishable as provided in s. 775.082, s.
   26  775.083, or s. 775.084.
   27         Section 2. Paragraph (d) of subsection (3) of section
   28  921.0022, Florida Statutes, is amended to read:
   29         921.0022 Criminal Punishment Code; offense severity ranking
   30  chart.—
   31         (3) OFFENSE SEVERITY RANKING CHART
   32         (d) LEVEL 4
   33  
   34  FloridaStatute           FelonyDegree          Description          
   35  316.1935(3)(a)               2nd    Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
   36  499.0051(1)                  3rd    Failure to maintain or deliver transaction history, transaction information, or transaction statements.
   37  499.0051(5)                  2nd    Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
   38  517.07(1)                    3rd    Failure to register securities.
   39  517.12(1)                    3rd    Failure of dealer, associated person, or issuer of securities to register.
   40  784.031                      3rd    Battery by strangulation.      
   41  784.07(2)(b)                 3rd    Battery of law enforcement officer, firefighter, etc.
   42  784.074(1)(c)                3rd    Battery of sexually violent predators facility staff.
   43  784.075                      3rd    Battery on detention or commitment facility staff.
   44  784.078                      3rd    Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
   45  784.08(2)(c)                 3rd    Battery on a person 65 years of age or older.
   46  784.081(3)                   3rd    Battery on specified official or employee.
   47  784.082(3)                   3rd    Battery by detained person on visitor or other detainee.
   48  784.083(3)                   3rd    Battery on code inspector.     
   49  784.085                      3rd    Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
   50  787.03(1)                    3rd    Interference with custody; wrongly takes minor from appointed guardian.
   51  787.04(2)                    3rd    Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
   52  787.04(3)                    3rd    Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
   53  787.07                       3rd    Human smuggling.               
   54  790.115(1)                   3rd    Exhibiting firearm or weapon within 1,000 feet of a school.
   55  790.115(2)(b)                3rd    Possessing electric weapon or device, destructive device, or other weapon on school property.
   56  790.115(2)(c)                3rd    Possessing firearm on school property.
   57  794.051(1)                   3rd    Indecent, lewd, or lascivious touching of certain minors.
   58  800.04(7)(c)                 3rd    Lewd or lascivious exhibition; offender less than 18 years.
   59  806.135                      2nd    Destroying or demolishing a memorial or historic property.
   60  810.02(4)(a)                 3rd    Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
   61  810.02(4)(b)                 3rd    Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
   62  810.06                       3rd    Burglary; possession of tools. 
   63  810.08(2)(c)                 3rd    Trespass on property, armed with firearm or dangerous weapon.
   64  812.014(2)(c)3.              3rd    Grand theft, 3rd degree $10,000 or more but less than $20,000.
   65  812.014 (2)(c)4.-10.         3rd    Grand theft, 3rd degree; specified items.
   66  812.0195(2)                  3rd    Dealing in stolen property by use of the Internet; property stolen $300 or more.
   67  817.505(4)(a)                3rd    Patient brokering.             
   68  817.563(1)                   3rd    Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
   69  817.568(2)(a)                3rd    Fraudulent use of personal identification information.
   70  817.625(2)(a)                3rd    Fraudulent use of scanning device, skimming device, or reencoder.
   71  817.625(2)(c)                3rd    Possess, sell, or deliver skimming device.
   72  828.125(1)                   2nd    Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
   73  836.14(2)                    3rd    Person who commits theft of a sexually explicit image with intent to promote it.
   74  836.14(3)                    3rd    Person who willfully possesses a sexually explicit image with certain knowledge, intent, and purpose.
   75  837.02(1)                    3rd    Perjury in official proceedings.
   76  837.021(1)                   3rd    Make contradictory statements in official proceedings.
   77  838.022                      3rd    Official misconduct.           
   78  839.13(2)(a)                 3rd    Falsifying records of an individual in the care and custody of a state agency.
   79  839.13(2)(c)                 3rd    Falsifying records of the Department of Children and Families.
   80  843.021                      3rd    Possession of a concealed handcuff key by a person in custody.
   81  843.025                      3rd    Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
   82  843.15(1)(a)                 3rd    Failure to appear while on bail for felony (bond estreature or bond jumping).
   83  847.0135(5)(c)               3rd    Lewd or lascivious exhibition using computer; offender less than 18 years.
   84  870.01(3)                    2nd    Aggravated rioting.            
   85  870.01(5)                    2nd    Aggravated inciting a riot.    
   86  874.05(1)(a)                 3rd    Encouraging or recruiting another to join a criminal gang.
   87  893.13(2)(a)1.               2nd    Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)5. drugs).
   88  914.14(2)                    3rd    Witnesses accepting bribes.    
   89  914.22(1)                    3rd    Force, threaten, etc., witness, victim, or informant.
   90  914.23(2)                    3rd    Retaliation against a witness, victim, or informant, no bodily injury.
   91  916.1085 (2)(c)1.            3rd    Introduction of specified contraband into certain DCF facilities.
   92  918.12                       3rd    Tampering with jurors.         
   93  934.215                      3rd    Use of two-way communications device to facilitate commission of a crime.
   94  944.47(1)(a)6.               3rd    Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
   95  951.22(1)(h), (j) & (k)      3rd    Intoxicating drug, instrumentality or other device to aid escape, or cellular telephone or other portable communication device introduced into county detention facility.
   96         Section 3. This act shall take effect October 1, 2023.