AB121,637Section 63. 940.204 (1) (b) of the statutes is renumbered 940.51 (12). AB121,648Section 64. 940.204 (1) (c) of the statutes is renumbered 940.51 (13). AB121,659Section 65. 940.204 (2) (c) of the statutes is repealed. AB121,6610Section 66. 940.204 (3) (intro.) and (2) (intro.) of the statutes are 11consolidated, renumbered 940.62 (2) (e) (intro.) and amended to read: AB121,14,1812940.62 (2) (e) (intro.) Whoever intentionally The person causes the bodily 13harm or threatens to cause bodily harm to a health care provider or to a family 14member of a health care provider under all of the following circumstances is guilty 15of a Class H felony: (2) (intro.) Whoever intentionally causes bodily harm or 16threatens to cause bodily harm, to a person who works in a health care facility, or to 17a family member of a health care provider or a person who works in a health care 18facility under all of the following circumstances is guilty of a Class H felony: AB121,6719Section 67. 940.204 (3) (a) and (2) (a) of the statutes are consolidated, 20renumbered 940.62 (2) (e) 1. and amended to read: AB121,15,6
1940.62 (2) (e) 1. At the time of the act or threat, the actor person knows or 2should have known that the victim is a health care provider or is a family member 3of a health care provider. (2) (a) At the time of the act or threat, the actor knows or 4should have known that the victim works or formerly worked in a health care 5facility or is a family member of the health care provider or person who works or 6formerly worked in a health care facility. AB121,687Section 68. 940.204 (3) (b) and (2) (b) of the statutes are consolidated, 8renumbered 940.62 (2) (e) 2. and amended to read: AB121,15,139940.62 (2) (e) 2. The act or threat is in response to an action by the health care 10provider acting in his or her capacity as a health care provider. (2) (b) The act or 11threat is in response to an action occurring at the health care facility or an action by 12an official, employee, or agent of the health care facility acting in his or her official 13capacity. AB121,6914Section 69. 940.204 (3) (c) of the statutes is repealed. AB121,7015Section 70. 940.204 (4) of the statutes is renumbered 165.25 (22) and 16amended to read: AB121,15,1917165.25 (22) The department of justice shall post Post on its website model 18language that health care facilities may post at their entrances alerting persons to 19the 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.
AB121,71
1Section 71. 940.205 (title) and (1) of the statutes are repealed. AB121,722Section 72. 940.205 (2) (intro.) and 940.207 (2) (intro.) of the statutes are 3consolidated, renumbered 940.62 (2) (c) (intro.) and amended to read: AB121,16,114940.62 (2) (c) (intro.) Whoever intentionally The person causes the bodily 5harm or threatens to cause bodily harm to the person or family member of any 6department of revenue, official, employee or agent under all of the following 7circumstances is guilty of a Class H felony: 940.207 (2) (intro.) Whoever 8intentionally causes bodily harm or threatens to cause bodily harm to the person or 9family member of any department of safety and professional services, or 10department of workforce development official, employee, or agent under all of the 11following circumstances is guilty of a Class H felony: AB121,7312Section 73. 940.205 (2) (a) and (b) of the statutes are renumbered 940.62 (2) 13(c) 1. and 2. and amended to read: AB121,16,1614940.62 (2) (c) 1. At the time of the act or threat, the actor person knows or 15should have known that the victim is a department of revenue official, employee, or 16agent or a member of his or her family. AB121,17,3
12. The official, employee, or agent is acting in an official capacity at the time 2of the act or threat, or the act or threat is in response to any action taken in an 3official capacity. AB121,744Section 74. 940.205 (2) (c) of the statutes is repealed. AB121,755Section 75. 940.207 (title) and (1) of the statutes are repealed. AB121,766Section 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.”