SB121: Bill Text

SB121,15,6 940.62 (2) (e) 1. At the time of the act or threat, the actor person knows or should have known that the victim is a health care provider or is a family member of a health care provider. (2) (a) At the time of the act or threat, the actor knows or should have known that the victim works or formerly worked in a health care facility or is a family member of the health care provider or person who works or formerly worked in a health care facility.

SB121,68 Section 68. 940.204 (3) (b) and (2) (b) of the statutes are consolidated, renumbered 940.62 (2) (e) 2. and amended to read:

SB121,15,13 940.62 (2) (e) 2. The act or threat is in response to an action by the health care provider acting in his or her capacity as a health care provider. (2) (b) The act or threat is in response to an action occurring at the health care facility or an action by an official, employee, or agent of the health care facility acting in his or her official capacity.

SB121,69 Section 69. 940.204 (3) (c) of the statutes is repealed.

SB121,70 Section 70. 940.204 (4) of the statutes is renumbered 165.25 (22) and amended to read:

SB121,15,19 165.25 (22) The department of justice shall post Post on its website model language that health care facilities may post at their entrances alerting persons to the penalties under this section ss. 940.62 (2) (e) and 947.016 (3).

Note: Sections 60 to 70 renumber and amend the crime of “Battery or threat to health care providers and staff.” Section 60 renumbers the title to be closer to other batteries committed “to certain persons” and deletes references of “threats to commit a battery” because threats are treated in Section 92 of the bill.

Sections 61 to 64 repeal an introductory clause relating to definitions, repeal the definition of “family member” because that phrase is recreated and expanded in Section 25 of the bill, and move the definitions of “health care facility” and “health care provider” to the definitions section of the new subchapter created by the bill.

Section 65 repeals language relating to whether the victim of a battery gave consent to the battery because that element is recreated in the introductory clause created in Section 86 of the bill.

Sections 66 and 67 renumber, consolidate, and amend the crime of battery to a health care provider, health care staff member, or their family members. In combining the 2 crimes into one subsection, superfluous language is deleted or moved to the introductory clause created in Section 86 of the bill.

Section 68 deletes language relating to “threats to commit a battery” because threats are treated in Section 92 of the bill.

Section 69 repeals language relating to whether the victim of a battery gave consent to the battery because that element is recreated in the introductory language created in Section 86 of the bill.

Section 70 moves language requiring DOJ to post on its website model language relating to the penalties for causing bodily harm or threatening to cause bodily harm to a health care provider or staff to another statute that lists DOJ’s duties. See Section 1 of the bill, which is created for this model language to be placed.

SB121,71 Section 71. 940.205 (title) and (1) of the statutes are repealed.

SB121,72 Section 72. 940.205 (2) (intro.) and 940.207 (2) (intro.) of the statutes are consolidated, renumbered 940.62 (2) (c) (intro.) and amended to read:

SB121,16,11 940.62 (2) (c) (intro.) Whoever intentionally The person causes the bodily harm or threatens to cause bodily harm to the person or family member of any department of revenue, official, employee or agent under all of the following circumstances is guilty of a Class H felony: 940.207 (2) (intro.) Whoever intentionally causes bodily harm or threatens to cause bodily harm to the person or family member of any department of safety and professional services, or department of workforce development official, employee, or agent under all of the following circumstances is guilty of a Class H felony:

SB121,73 Section 73. 940.205 (2) (a) and (b) of the statutes are renumbered 940.62 (2) (c) 1. and 2. and amended to read:

SB121,16,16 940.62 (2) (c) 1. At the time of the act or threat, the actor person knows or should have known that the victim is a department of revenue official, employee, or agent or a member of his or her family.

SB121,17,3 2. The official, employee, or agent is acting in an official capacity at the time of the act or threat, or the act or threat is in response to any action taken in an official capacity.

SB121,74 Section 74. 940.205 (2) (c) of the statutes is repealed.

SB121,75 Section 75. 940.207 (title) and (1) of the statutes are repealed.

SB121,76 Section 76. 940.207 (2) (a), (b) and (c) of the statutes are repealed.

Note: Sections 71 to 76 renumber, consolidate, and amend the crimes of “Battery or threat to department of revenue employee” and “Battery or threat to department of safety and professional services or department of workforce development employee.”

Section 71 repeals the title of the crime of battery or threat to department of revenue employee because that crime is combined with the crime of battery or threat to department of safety and professional services or department of workforce development employee in Section 86 of the bill. The Section also repeals the definition of “family member” because that definition is recreated and expanded in Section 25 of the bill.

Section 72 consolidates, renumbers, and amends the introductory sections of the crimes of “Battery or threat to department of revenue employee” and “Battery or threat to department of safety and professional services or department of workforce development employee” in a manner that deletes superfluous language, and the language is recreated in the introductory language created in Section 86 of the bill.

Section 73 deletes references of “threats to commit a battery” because threats are treated in Section 92 of the bill.

Section 74 repeals language relating to whether the victim of a battery gave consent to the battery because that element is recreated in the introductory language created in Section 86 of the bill.

Section 75 repeals the title of the crime “Battery or threat to department of safety and professional services or department of workforce development employee” because that crime is combined with the crime of “Battery or threat to department of revenue employee” in Section 86 of the bill. The Section also repeals the definition of “family member” because that definition is recreated and expanded in Section 25 of the bill.

Section 76 repeals provisions that are substantially recreated in Sections 72, 86, and 92 of the bill.

SB121,77 Section 77. 940.208 (intro.), (1), (2) and (2p) of the statutes are renumbered 940.62 (1) (b) (intro.), 1., 2. and 3., and 940.62 (1) (b) (intro.) and 1., as renumbered, are amended to read:

SB121,18,3 940.62 (1) (b) Battery to certain employees of counties, cities, villages, or towns. (intro.) Whoever intentionally The person causes the bodily harm to an employee of a county, city, village, or town under all of the following circumstances is guilty of a Class I felony:

SB121,18,5 1. At the time of the act, the actor person knows or should know that the victim is an employee of a county, city, village, or town.

SB121,78 Section 78. 940.208 (3) of the statutes is repealed.

Note: Sections 77 and 78 renumber, consolidate, and amend the crime entitled “battery to certain employees of counties, cities, villages, or towns” to be closer to other batteries committed “to certain persons” and to remove phrases relating to the penalty, the consent of the victim, and the intent of the actor, because those elements are recreated in the introductory clause created in Section 86 of the bill.

SB121,79 Section 79. Subchapter III (title) of chapter 940 [precedes 940.51] of the statutes is created to read:

SB121,18,9 CHAPTER 940

SB121,18,12 SUBCHAPTER III BODILY SECURITY; BATTERY

Note: Section 79 creates a title for subchapter III of chapter 940 so that the provisions relating to battery are contained in a subchapter that is separate from the subchapter containing provisions relating to bodily security that are not related to battery.

SB121,80 Section 80. 940.51 of the statutes is created to read:

SB121,18,14 940.51 Definitions. In this subchapter:

SB121,18,15 (11) “Firefighter” has the meaning given in s. 102.475 (8) (b).

SB121,18,16 (21) “Soft tissue injury” has the meaning given in s. 946.41 (2) (c).

Note: Section 80 creates s. 940.51, stats., the definitions section for subchapter III of chapter 940.

SB121,81 Section 81. 940.60 (intro.) of the statutes is created to read:

SB121,18,18 940.60 (intro.) Except as provided in s. 940.61, 940.62, 940.65, or 940.66:

Note: Section 81 creates introductory language in s. 940.60, stats., as created in this bill, that establishes that the elements of battery, substantial battery, and aggravated battery may have different elements if special circumstances apply.

SB121,82 Section 82. 940.60 (1) (title) of the statutes is created to read:

SB121,19,2 940.60 (1) (title) Battery.

SB121,83 Section 83. 940.60 (2) (title) of the statutes is created to read:

SB121,19,4 940.60 (2) (title) Substantial battery.

SB121,84 Section 84. 940.60 (3) (title) of the statutes is created to read:

SB121,19,6 940.60 (3) (title) Aggravated battery.

Note: Sections 82 to 84 create statutory subtitles for battery, substantial battery, and aggravated battery in s. 940.60, stats.

SB121,85 Section 85. 940.61 of the statutes is created to read:

SB121,19,12 940.61 Battery; bodily harm caused by certain persons. (2) Battery by prisoners or certain detained or committed persons. A person who causes bodily harm to another by an act done with intent to cause bodily harm to that person or another without the consent of the person so harmed is guilty of a Class H felony if any of the following applies:

Note: Section 85 creates a title for s. 940.61, stats., entitled “Battery; bodily harm caused by certain persons” and creates s. 940.61 (2), stats., entitled “Battery by prisoners or certain detained or committed persons”. Section 940.61, stats., consolidates and renumbers s. 940.20 (1), (1g), and (1m), stats., which are all special circumstances battery due to the status of the offender.

SB121,86 Section 86. 940.62 of the statutes is created to read:

SB121,19,18 940.62 Battery; bodily harm caused to certain persons. (1) Class I Felony battery to certain persons. A person who causes bodily harm to another by an act done with intent to cause bodily harm to that person or another without the consent of the person so harmed is guilty of a Class I felony if any of the following applies:

SB121,20,4 (2) Class H Felony battery to certain persons. A person who causes bodily harm to another by an act done with intent to cause bodily harm to that person or another without the consent of the person so harmed is guilty of a Class H felony if any of the following applies:

SB121,20,9 (a) Battery to certain individuals involved with a court or legal system. The person causes the bodily harm to the person or family member of any current or former judge, prosecutor, law enforcement officer, guardian ad litem, corporation counsel, advocate, attorney, witness, or grand or petit juror, or a person sharing a common domicile with a witness, under all of the following circumstances:

SB121,20,13 1. At the time of the act, the person knows or has reason to know that the victim is a judge, prosecutor, law enforcement officer, guardian ad litem, corporation counsel, advocate, attorney, witness, or grand or petit juror or a member of their family, or a person sharing a common domicile with a witness.

SB121,20,15 2. The act is in response to any action taken by the victim acting in an official capacity or in a legal proceeding.

SB121,20,17 (c) Battery to department of revenue, department of safety and professional services, or department of workforce development employees or their family members.

Note: Section 86 creates a title and introductory language for s. 940.62, stats., entitled “Battery; bodily harm caused to certain persons”. Section 86 also creates certain consolidated and renumbered special circumstances batteries. This created statute contains all of the special circumstances battery due to the status of the victim, except for the crimes of battery to an unborn child and battery to an elder person.

SB121,87 Section 87. 940.65 (1) (title) of the statutes is created to read:

SB121,20,19 940.65 (1) (title) Battery to an unborn child.

SB121,88 Section 88. 940.65 (2) (title) of the statutes is created to read:

SB121,20,21 940.65 (2) (title) Substantial battery to an unborn child.

SB121,89 Section 89. 940.65 (3) (title) of the statutes is created to read:

SB121,21,1 940.65 (3) (title) Aggravated battery to an unborn child.

Note: Sections 87 to 89 create the following statutory subtitles for s. 940.65, stats.: battery to an unborn child, substantial battery to an unborn child, and aggravated battery to an unborn child.

SB121,90 Section 90. 941.38 (1) (b) 5. of the statutes is amended to read:

SB121,21,6 941.38 (1) (b) 5. Battery, special circumstances by certain persons, as prohibited in s. 940.20 940.61 or s. 940.20, 2023 stats.; or battery to certain persons, as prohibited in s. 940.62, s. 940.20, 2023 stats., or s. 940.201, 2023 stats.; or threatening to commit bodily harm as prohibited in s. 947.016 (1) or (2).

SB121,91 Section 91. 941.38 (1) (b) 5m. of the statutes is repealed.

Note: Sections 90 and 91 amend, within a definition of criminal gang activity, statutory references to certain special circumstances battery or threat provisions to ensure that the treatment in that statute is consistent with the renumbering and amendments contained in this bill.

SB121,92 Section 92. 947.016 of the statutes is created to read:

SB121,21,11 947.016 Threatening to cause bodily harm. A person who threatens to cause bodily harm to another without the consent of the person threatened is guilty of a Class H felony if any of the following is true:

SB121,21,18 (1) Certain individuals involved with a court or legal system. The person threatens the person or family member of any current or former judge, prosecutor, law enforcement officer, guardian ad litem, corporation counsel, advocate, attorney, or witness, or a person sharing a common domicile with a witness, knowing the person’s status as an individual involved with a court or legal system, because of or in response to any action taken by the person in an official capacity or in a legal proceeding.

SB121,22,3 (2) Probation, extended supervision, and parole agents, community supervision agents, and aftercare agents and their family members. The person threatens the person or family member of a probation, extended supervision, or parole agent, a community supervision agent, or an aftercare agent under all of the following circumstances:

SB121,22,6 (a) At the time of the threat, the person knows or has reason to know that the victim is a probation, extended supervision, or parole agent, a community supervision agent, or an aftercare agent, or a member of the agent’s family.

SB121,22,8 (b) The threat is in response to any action taken by the agent acting in an official capacity.

SB121,22,12 (3) Health care providers and staff and their family members. The person threatens a health care provider or a person who works in a health care facility or a family member of a health care provider or a person who works in a health care facility under all of the following circumstances:

SB121,22,15 (a) At the time of the threat, the person knows or should have known that the victim works or formerly worked in a health care facility or is a family member of the person who works or formerly worked in a health care facility.

SB121,22,18 (b) The threat is in response to an action occurring at the health care facility or an action by an official, employee, or agent of the health care facility acting in his or her official capacity.

SB121,22,24 (4) Department of revenue, department of safety and professional services, and department of workforce development employees and their family members. The person threatens the person or family member of any department of revenue, department of safety and professional services, or department of workforce development official, employee, or agent under all of the following circumstances:

SB121,23,2 (a) At the time of the threat, the person knows or should have known that the victim is a department official, employee, or agent or a member of his or her family.

SB121,23,4 (b) The official, employee, or agent is acting in an official capacity at the time of the threat, or the threat is in response to any action taken in an official capacity.

Note: Section 92 creates s. 947.016, stats., entitled “Threatening to cause bodily harm.” This Section contains provisions relating to making threats to cause bodily harm under special circumstances, consolidates certain provisions, and ensures that the elements of each offense are consistent.

SB121,93 Section 93. Cross-reference changes. The following table lists three types of cross-reference changes necessary due to the treatment of statutes in this act: changes to cross-references to indicate the new number of the renumbered statute, the addition of a cross-reference to the current 2023 version of the statutes to ensure that crimes to which current law applies continue to be covered, and deletions of cross-references to reflect when a current law statute is repealed. In the sections of the statutes listed in column A, the cross-references shown in column B are changed, at the appropriate place, to the cross-references shown in column C: