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:
14 784.031 Battery 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.