Bill Text: FL S1092 | 2024 | Regular Session | Comm Sub


Bill Title: Criminal Offenses Against Law Enforcement Officers and Other Personnel

Spectrum: Bipartisan Bill

Status: (Failed) 2024-03-08 - Died in Appropriations Committee on Criminal and Civil Justice [S1092 Detail]

Download: Florida-2024-S1092-Comm_Sub.html
       Florida Senate - 2024                             CS for SB 1092
       
       
        
       By the Committee on Criminal Justice; and Senator Martin
       
       
       
       
       
       591-02166-24                                          20241092c1
    1                        A bill to be entitled                      
    2         An act relating to criminal offenses against law
    3         enforcement officers and other personnel; providing a
    4         short title; amending s. 776.051, F.S.; revising a
    5         prohibition on the use or threatened use of force to
    6         resist arrest or detention; amending s. 782.065, F.S.;
    7         providing for enhanced punishment for manslaughter
    8         when committed against specified officers; revising
    9         applicability; amending s. 784.07, F.S.; revising the
   10         definition of the term “law enforcement officer”;
   11         revising provisions concerning assault or battery upon
   12         specified officers and other personnel; amending s.
   13         843.01, F.S.; revising a provision concerning
   14         resisting, obstructing, or opposing specified
   15         officers; providing an effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. This act may be cited as the “Officer Jason
   20  Raynor Act.”
   21         Section 2. Section 776.051, Florida Statutes, is amended to
   22  read:
   23         776.051 Use or threatened use of force in resisting arrest
   24  or detention making an arrest or in the execution of a legal
   25  duty; prohibition.—
   26         (1) A person is not justified in the use or threatened use
   27  of force to resist a lawful or an unlawful an arrest or
   28  detention by a law enforcement officer, or to resist a law
   29  enforcement officer who is acting in the performance of his or
   30  her official duties as described in s. 943.10(1), if who is
   31  engaged in the execution of a legal duty, if the law enforcement
   32  officer was acting in good faith and he or she is known, or
   33  reasonably appears, to be a law enforcement officer.
   34         (2)A law enforcement officer, or any person whom the
   35  officer has summoned or directed to assist him or her, is not
   36  justified in the use of force if the arrest or execution of a
   37  legal duty is unlawful and known by him or her to be unlawful.
   38         Section 3. Section 782.065, Florida Statutes, is amended to
   39  read:
   40         782.065 Murder; law enforcement officer, correctional
   41  officer, correctional probation officer.—Notwithstanding ss.
   42  775.082, 775.0823, 782.04, 782.051, and chapter 921, a defendant
   43  shall be sentenced to life imprisonment without eligibility for
   44  release upon findings by the trier of fact that, beyond a
   45  reasonable doubt:
   46         (1) The defendant committed murder in the first degree in
   47  violation of s. 782.04(1) and a death sentence was not imposed;
   48  murder in the second or third degree in violation of s.
   49  782.04(2), (3), or (4); attempted murder in the first or second
   50  degree in violation of s. 782.04(1)(a)1. or (2); or attempted
   51  felony murder in violation of s. 782.051; or manslaughter in
   52  violation of s. 782.07(1); and
   53         (2) The victim of any offense described in subsection (1)
   54  was a law enforcement officer, part-time law enforcement
   55  officer, auxiliary law enforcement officer, correctional
   56  officer, part-time correctional officer, auxiliary correctional
   57  officer, correctional probation officer, part-time correctional
   58  probation officer, or auxiliary correctional probation officer,
   59  as those terms are defined in s. 943.10, who was acting in the
   60  performance of his or her official duties as described in s.
   61  943.10 engaged in the lawful performance of a legal duty.
   62         Section 4. Paragraph (e) of subsection (1) and subsection
   63  (2) of section 784.07, Florida Statutes, are amended to read:
   64         784.07 Assault or battery of law enforcement officers and
   65  other specified personnel; reclassification of offenses; minimum
   66  sentences.—
   67         (1) As used in this section, the term:
   68         (e) “Law enforcement officer” includes a law enforcement
   69  officer, a correctional officer, a correctional probation
   70  officer, a part-time law enforcement officer, a part-time
   71  correctional officer, an auxiliary law enforcement officer, and
   72  an auxiliary correctional officer, as those terms are
   73  respectively defined in s. 943.10, and any county probation
   74  officer; an employee or agent of the Department of Corrections
   75  who supervises or provides services to inmates; an officer of
   76  the Florida Commission on Offender Review; a federal law
   77  enforcement officer as defined in s. 901.1505; and law
   78  enforcement personnel of the Fish and Wildlife Conservation
   79  Commission, the Department of Environmental Protection, or the
   80  Department of Law Enforcement. The duties and responsibilities
   81  of these respective positions are described in s. 943.10.
   82         (2) Whenever any person is charged with knowingly
   83  committing an assault or battery upon a law enforcement officer,
   84  a firefighter, an emergency medical care provider, hospital
   85  personnel, a railroad special officer, a traffic accident
   86  investigation officer as described in s. 316.640, a nonsworn law
   87  enforcement agency employee who is certified as an agency
   88  inspector, a blood alcohol analyst, or a breath test operator
   89  while such employee is in uniform and engaged in processing,
   90  testing, evaluating, analyzing, or transporting a person who is
   91  detained or under arrest for DUI, a law enforcement explorer, a
   92  traffic infraction enforcement officer as described in s.
   93  316.640, a parking enforcement specialist as defined in s.
   94  316.640, a person licensed as a security officer as defined in
   95  s. 493.6101 and wearing a uniform that bears at least one patch
   96  or emblem that is visible at all times that clearly identifies
   97  the employing agency and that clearly identifies the person as a
   98  licensed security officer, or a security officer employed by the
   99  board of trustees of a community college, while the officer,
  100  firefighter, emergency medical care provider, hospital
  101  personnel, railroad special officer, traffic accident
  102  investigation officer, traffic infraction enforcement officer,
  103  inspector, analyst, operator, law enforcement explorer, parking
  104  enforcement specialist, public transit employee or agent, or
  105  security officer who is acting in the performance of his or her
  106  official duties is engaged in the lawful performance of his or
  107  her duties, the offense for which the person is charged shall be
  108  reclassified as follows:
  109         (a) In the case of assault, from a misdemeanor of the
  110  second degree to a misdemeanor of the first degree.
  111         (b) In the case of battery, from a misdemeanor of the first
  112  degree to a felony of the third degree. Notwithstanding any
  113  other provision of law, a person convicted of battery upon a law
  114  enforcement officer committed in furtherance of a riot or an
  115  aggravated riot prohibited under s. 870.01 shall be sentenced to
  116  a minimum term of imprisonment of 6 months.
  117         (c) In the case of aggravated assault, from a felony of the
  118  third degree to a felony of the second degree. Notwithstanding
  119  any other provision of law, any person convicted of aggravated
  120  assault upon a law enforcement officer shall be sentenced to a
  121  minimum term of imprisonment of 3 years.
  122         (d) In the case of aggravated battery, from a felony of the
  123  second degree to a felony of the first degree. Notwithstanding
  124  any other provision of law, any person convicted of aggravated
  125  battery of a law enforcement officer shall be sentenced to a
  126  minimum term of imprisonment of 5 years.
  127         Section 5. Subsection (1) of section 843.01, Florida
  128  Statutes, is amended to read:
  129         843.01 Resisting, obstructing, or opposing by offering or
  130  doing violence to legally authorized person, police canine, or
  131  police horse.—
  132         (1) Whoever knowingly and willfully resists, obstructs, or
  133  opposes any officer as defined in s. 943.10(1), (2), (3), (6),
  134  (7), (8), or (9); member of the Florida Commission on Offender
  135  Review or any administrative aide or supervisor employed by the
  136  commission; parole and probation supervisor; county probation
  137  officer; personnel or representative of the Department of Law
  138  Enforcement; or other person legally authorized to execute
  139  process in the execution of legal process or acting in the
  140  performance of his or her official duties as described in s.
  141  943.10 in the lawful execution of any legal duty, by offering or
  142  doing violence to the person of such officer or legally
  143  authorized person, commits a felony of the third degree,
  144  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  145         Section 6. This act shall take effect October 1, 2024.

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