HB 1 - Increases Criminal Penalties for Assaulting Law Enforcement Officials - Florida Key Vote

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Title: Increases Criminal Penalties for Assaulting Law Enforcement Officials

See How Your Politicians Voted

Title: Increases Criminal Penalties for Assaulting Law Enforcement Officials

Vote Smart's Synopsis:

Vote to pass a bill that increases criminal penalties for assaulting law enforcement officials during a riot.

Highlights:

 

  • Defines "historic property" as any building, structure, site, or object that has been officially designated as a historic building, historic structure, historic site, or historic object through a federal, state, or local designation program (Sec. 1-1.a).

  • Prohibits a person from wilfully obstructing the free, convenient, and normal use of a any public street, highway, or road by (Sec. 2-1.a):

    • Impeding, hindering, stifling, retarding, or restraining traffic or passage thereon;

    • Standing on or remaining in the street, highway, or road; or

    • Endangering the safe movement of vehicles or pedestrians traveling thereon.

  • Establishes a municipality has a duty to allow the municipal law enforcement agency to respond appropriately to protect persons and property during a riot or an unlawful assembly based on the availability of adequate equipment to its municipal law enforcement officers and relevant state and federal laws (Sec. 3.b).

  • Establishes a person who assaults another person in furtherance of a riot or an aggravated riot commits a misdemeanor of the first degree (Sec. 4-3).

  • Establishes a person who commits a battery in furtherance of a riot or an aggravated riot commits a felony of the third degree (Sec. 6-3).

  • Prohibits a person, assembled with two or more other persons and acting with a common intent, to use force or threaten to use imminent force, to compel or induce, or attempt to compel or induce, another person to do or refrain from doing any act or to assume, abandon, or maintain a particular viewpoint against his or her will. A person who violates this commits a misdemeanor of the first degree (Sec. 8-1).

  • Establishes whenever any person is charged with knowingly committing an assault or battery upon a law enforcement officer, engaged in the lawful performance of his or her duties, the offense for which the person is charged shall be reclassified as follows (Sec. 9-2):

    • In the case of assault, from a misdemeanor of the second degree to a misdemeanor of the first degree;

    • In the case of battery, from a misdemeanor of the first degree to a felony of the third degree;

    • In the case of aggravated assault, from a felony of the third degree to a felony of the second degree; and

    • In the case of aggravated battery, from a felony of the second degree to a felony of the first degree.

  • Establishes any person who, without the consent of the owner thereof, willfully and maliciously defaces, injures, or otherwise damages by any means a memorial or historic property, and the value of the damage to the memorial or historic property is greater than $200, commits a felony of the third degree. A court will order any person convicted to pay restitution, which shall include the full cost of repair or replacement of such memorial or historic property (Sec. 10-3).

  • Establishes it is unlawful for any person to willfully and maliciously destroy or demolish any memorial or historic property, or willfully and maliciously pull down a memorial or historic property, unless authorized by the owner of the memorial or historic property. A person who violates this  law commits a felony of the second degree (Sec. 11-2).

  • Establishes it is grand theft of the third degree and a felony of the third degree, if the property stolen is (Sec. 13-4.c):

    • Valued at $750 or more, but less than $5,000;

    • Valued at $5,000 or more, but less than $10,000;

    • Valued at $10,000 or more, but less than $20,000;

    • A will, codicil, or other testamentary instrument;

    • A firearm;

    • A motor vehicle; and

    • Any commercially farmed animal.

See How Your Politicians Voted

Title: Increases Criminal Penalties for Assaulting Law Enforcement Officials

Vote Smart's Synopsis:

Vote to pass a bill that increases criminal penalties for assaulting law enforcement officials during a riot.

Highlights:

 

  • Defines "historic property" as any building, structure, site, or object that has been officially designated as a historic building, historic structure, historic site, or historic object through a federal, state, or local designation program (Sec. 1-1.a).

  • Prohibits a person from wilfully obstructing the free, convenient, and normal use of a any public street, highway, or road by (Sec. 2-1.a):

    • Impeding, hindering, stifling, retarding, or restraining traffic or passage thereon;

    • Standing on or remaining in the street, highway, or road; or

    • Endangering the safe movement of vehicles or pedestrians traveling thereon.

  • Establishes a municipality has a duty to allow the municipal law enforcement agency to respond appropriately to protect persons and property during a riot or an unlawful assembly based on the availability of adequate equipment to its municipal law enforcement officers and relevant state and federal laws (Sec. 3.b).

  • Establishes a person who assaults another person in furtherance of a riot or an aggravated riot commits a misdemeanor of the first degree (Sec. 4-3).

  • Establishes a person who commits a battery in furtherance of a riot or an aggravated riot commits a felony of the third degree (Sec. 6-3).

  • Prohibits a person, assembled with two or more other persons and acting with a common intent, to use force or threaten to use imminent force, to compel or induce, or attempt to compel or induce, another person to do or refrain from doing any act or to assume, abandon, or maintain a particular viewpoint against his or her will. A person who violates this commits a misdemeanor of the first degree (Sec. 8-1).

  • Establishes whenever any person is charged with knowingly committing an assault or battery upon a law enforcement officer, engaged in the lawful performance of his or her duties, the offense for which the person is charged shall be reclassified as follows (Sec. 9-2):

    • In the case of assault, from a misdemeanor of the second degree to a misdemeanor of the first degree;

    • In the case of battery, from a misdemeanor of the first degree to a felony of the third degree;

    • In the case of aggravated assault, from a felony of the third degree to a felony of the second degree; and

    • In the case of aggravated battery, from a felony of the second degree to a felony of the first degree.

  • Establishes any person who, without the consent of the owner thereof, willfully and maliciously defaces, injures, or otherwise damages by any means a memorial or historic property, and the value of the damage to the memorial or historic property is greater than $200, commits a felony of the third degree. A court will order any person convicted to pay restitution, which shall include the full cost of repair or replacement of such memorial or historic property (Sec. 10-3).

  • Establishes it is unlawful for any person to willfully and maliciously destroy or demolish any memorial or historic property, or willfully and maliciously pull down a memorial or historic property, unless authorized by the owner of the memorial or historic property. A person who violates this  law commits a felony of the second degree (Sec. 11-2).

  • Establishes it is grand theft of the third degree and a felony of the third degree, if the property stolen is (Sec. 13-4.c):

    • Valued at $750 or more, but less than $5,000;

    • Valued at $5,000 or more, but less than $10,000;

    • Valued at $10,000 or more, but less than $20,000;

    • A will, codicil, or other testamentary instrument;

    • A firearm;

    • A motor vehicle; and

    • Any commercially farmed animal.

Title: Increases Criminal Penalties for Assaulting Law Enforcement Officials

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