Bill Text: FL S1360 | 2010 | Regular Session | Introduced

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Bill Title: Corporal Discipline/Inappropriate/Excessive [SPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Children, Families, and Elder Affairs [S1360 Detail]

Download: Florida-2010-S1360-Introduced.html

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Florida Senate - 2010                                    SB 1360 
 
By Senator Detert 
23-01391-10                                           20101360__ 
1                        A bill to be entitled 
2         An act relating to inappropriate or excessively harsh 
3         corporal discipline; amending s. 39.301, F.S.; 
4         including inappropriate or excessively harsh corporal 
5         discipline in the definition of “criminal conduct” for 
6         purposes of protective investigations; creating s. 
7         827.032, F.S.; defining “inappropriate or excessively 
8         harsh corporal discipline”; prohibiting parents, legal 
9         custodians, or caregivers from inflicting 
10         inappropriate or excessively harsh corporal 
11         discipline; providing penalties; providing 
12         applicability; amending s. 921.0022, F.S.; including 
13         offenses involving inappropriate or excessively harsh 
14         corporal discipline within the offense severity 
15         ranking chart of the Criminal Punishment Code; 
16         providing an effective date. 
17 
18  Be It Enacted by the Legislature of the State of Florida: 
19 
20         Section 1. Paragraph (b) of subsection (2) of section 
21  39.301, Florida Statutes, is amended to read: 
22         39.301 Initiation of protective investigations.— 
23         (2) 
24         (b) As used in this subsection, the term “criminal conduct” 
25  means: 
26         1. A child is known or suspected to be the victim of child 
27  abuse, as defined in s. 827.03;, or of neglect of a child, as 
28  defined in s. 827.03; or of inappropriate or excessively harsh 
29  corporal discipline, as defined in s. 827.032. 
30         2. A child is known or suspected to have died as a result 
31  of abuse or neglect. 
32         3. A child is known or suspected to be the victim of 
33  aggravated child abuse, as defined in s. 827.03. 
34         4. A child is known or suspected to be the victim of sexual 
35  battery, as defined in s. 827.071, or of sexual abuse, as 
36  defined in s. 39.01. 
37         5. A child is known or suspected to be the victim of 
38  institutional child abuse or neglect, as defined in s. 39.01, 
39  and as provided for in s. 39.302(1). 
40         6. A child is known or suspected to be a victim of human 
41  trafficking, as provided in s. 787.06. 
42         Section 2. Section 827.032, Florida Statutes, is created to 
43  read: 
44         827.032 Inappropriate or excessively harsh corporal 
45  discipline; penalties.— 
46         (1) As used in this section, the term “inappropriate or 
47  excessively harsh corporal discipline” means an act of 
48  discipline that results or could reasonably be expected to 
49  result in any of the following or other similar injuries: 
50         (a) Sprains, dislocations, or cartilage damage. 
51         (b) Bone or skull fractures. 
52         (c) Brain or spinal cord damage. 
53         (d) Intracranial hemorrhage or injury to other internal 
54  organs. 
55         (e) Asphyxiation, suffocation, or drowning. 
56         (f) Injury resulting from the use of a deadly weapon. 
57         (g) Burns or scalding. 
58         (h) Cuts, lacerations, punctures, or bites. 
59         (i) Disfigurement. 
60         (j) Loss or impairment of a body part or function. 
61         (k) Significant bruises or welts. 
62         (l) Mental injury, as defined in s. 39.01. 
63         (2) A parent, legal custodian, or caregiver who knowingly 
64  or willfully inflicts inappropriate or excessively harsh 
65  corporal discipline upon a child commits a felony of the third 
66  degree, punishable as provided in s. 775.082, s. 775.083, or s. 
67  775.084. 
68         (3) This section does not preclude prosecution under s. 
69  827.03 when the offender is charged with a violation of s. 
70  827.03 in lieu of this section. 
71         Section 3. Paragraph (f) of subsection (3) of section 
72  921.0022, Florida Statutes, is amended to read: 
73         921.0022 Criminal Punishment Code; offense severity ranking 
74  chart.— 
75         (3) OFFENSE SEVERITY RANKING CHART 
76         (f) LEVEL 6 
77  FloridaStatute   FelonyDegree                Description 
78  316.193(2)(b)    3rd     Felony DUI, 4th or subsequent conviction. 
79  499.0051(3)      2nd     Knowing forgery of pedigree papers. 
80  499.0051(4)      2nd     Knowing purchase or receipt of prescription drug from unauthorized person. 
81  499.0051(5)      2nd     Knowing sale or transfer of prescription drug to unauthorized person. 
82  775.0875(1)      3rd     Taking firearm from law enforcement officer. 
83  784.021(1)(a)    3rd     Aggravated assault; deadly weapon without intent to kill. 
84  784.021(1)(b)    3rd     Aggravated assault; intent to commit felony. 
85  784.041          3rd     Felony battery; domestic battery by strangulation. 
86  784.048(3)       3rd     Aggravated stalking; credible threat. 
87  784.048(5)       3rd     Aggravated stalking of person under 16. 
88  784.07(2)(c)     2nd     Aggravated assault on law enforcement officer. 
89  784.074(1)(b)    2nd     Aggravated assault on sexually violent predators facility staff. 
90  784.08(2)(b)     2nd     Aggravated assault on a person 65 years of age or older. 
91  784.081(2)       2nd     Aggravated assault on specified official or employee. 
92  784.082(2)       2nd     Aggravated assault by detained person on visitor or other detainee. 
93  784.083(2)       2nd     Aggravated assault on code inspector. 
94  787.02(2)        3rd     False imprisonment; restraining with purpose other than those in s. 787.01. 
95  790.115(2)(d)    2nd     Discharging firearm or weapon on school property. 
96  790.161(2)       2nd     Make, possess, or throw destructive device with intent to do bodily harm or damage property. 
97  790.164(1)       2nd     False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property. 
98  790.19           2nd     Shooting or throwing deadly missiles into dwellings, vessels, or vehicles. 
99  794.011(8)(a)    3rd     Solicitation of minor to participate in sexual activity by custodial adult. 
100  794.05(1)        2nd     Unlawful sexual activity with specified minor. 
101  800.04(5)(d)     3rd     Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years. 
102  800.04(6)(b)     2nd     Lewd or lascivious conduct; offender 18 years of age or older. 
103  806.031(2)       2nd     Arson resulting in great bodily harm to firefighter or any other person. 
104  810.02(3)(c)     2nd     Burglary of occupied structure; unarmed; no assault or battery. 
105  812.014(2)(b)1.  2nd     Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree. 
106  812.014(6)       2nd     Theft; property stolen $3,000 or more; coordination of others. 
107  812.015(9)(a)    2nd     Retail theft; property stolen $300 or more; second or subsequent conviction. 
108  812.015(9)(b)    2nd     Retail theft; property stolen $3,000 or more; coordination of others. 
109  812.13(2)(c)     2nd     Robbery, no firearm or other weapon (strong-arm robbery). 
110  817.034(4)(a)1.  1st     Communications fraud, value greater than $50,000. 
111  817.4821(5)      2nd     Possess cloning paraphernalia with intent to create cloned cellular telephones. 
112  825.102(1)       3rd     Abuse of an elderly person or disabled adult. 
113  825.102(3)(c)    3rd     Neglect of an elderly person or disabled adult. 
114  825.1025(3)      3rd     Lewd or lascivious molestation of an elderly person or disabled adult. 
115  825.103(2)(c)    3rd     Exploiting an elderly person or disabled adult and property is valued at less than $20,000. 
116  827.03(1)        3rd     Abuse of a child. 
117  827.03(3)(c)     3rd     Neglect of a child. 
118  827.032          3rd     Inappropriate or excessively harsh corporal discipline by a parent, legal custodian, or caregiver upon a child. 
119  827.071(2) & (3) 2nd     Use or induce a child in a sexual performance, or promote or direct such performance. 
120  836.05           2nd     Threats; extortion. 
121  836.10           2nd     Written threats to kill or do bodily injury. 
122  843.12           3rd     Aids or assists person to escape. 
123  847.011          3rd     Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors. 
124  847.012          3rd     Knowingly using a minor in the production of materials harmful to minors. 
125  847.0135(2)      3rd     Facilitates sexual conduct of or with a minor or the visual depiction of such conduct. 
126  914.23           2nd     Retaliation against a witness, victim, or informant, with bodily injury. 
127  944.35(3)(a)2.   3rd     Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm. 
128  944.40           2nd     Escapes. 
129  944.46           3rd     Harboring, concealing, aiding escaped prisoners. 
130  944.47(1)(a)5.   2nd     Introduction of contraband (firearm, weapon, or explosive) into correctional facility. 
131  951.22(1)        3rd     Intoxicating drug, firearm, or weapon introduced into county facility. 
132         Section 4. This act shall take effect July 1, 2010.