Note: This Section repeals the title, “Battery: special circumstances,” of the section of the statutes that presently lists several, but not all, special circumstance batteries. This bill recodifies the various batteries within this statute in the new subchapter created by the bill.

SB121,6,314940.61 (2) (a) Battery by prisoners. Any The person who causes the bodily
15harm is a prisoner confined to a state prison, a jail, or any other state, county, or
16municipal detention facility who and intentionally causes the bodily harm or a soft

1tissue injury, as defined in s. 946.41 (2) (c), to an officer, employee, visitor, or
2another inmate of such prison or institution, without his or her consent, is guilty of
3a Class H felony.

SB121,6,106940.61 (2) (b) Battery by certain detained or committed persons. Any The
7person who causes the bodily harm is placed in a facility under s. 980.04 or 980.065
8and who intentionally causes the bodily harm to an officer, employee, agent, visitor,
9or other resident of the facility, without his or her consent, is guilty of a Class H
10felony.

Note: Sections 15 and 16 codify the crimes of “Battery by prisoners” and “Battery by certain detained or committed persons” into one subsection. Section 15 also adds the term “jail” to the list of places where a prisoner who causes bodily harm to an officer, employee, visitor, or another inmate may be subject to a Class H felony. In placing the two crimes in one subsection, the language that is common between the two crimes (“without his or her consent, is guilty of a Class H felony”) is deleted and moved to the introductory clause preceding these 2 crimes, created by Section 85 of the bill.

SB121,7,315940.61 (1) Any A person who causes bodily harm to another by an act done
16with intent to cause bodily harm to that person or another without the consent of
17the person so harmed is guilty of a Class I felony if the person who causes the bodily
18harm is subject to an injunction under s. 813.12 or 813.125 or a tribal injunction
19filed under s. 813.128 (3g) and who intentionally causes bodily harm to the
20petitioner who sought the injunction by an act done without the consent of the
21petitioner is guilty of a Class I felony. (b) Any person who is subject to an injunction

1under s. 813.125 and who intentionally causes the bodily harm to the petitioner
2who sought the injunction by an act done without the consent of the petitioner is
3guilty of a Class I felony.

Note: Sections 17 and 18 renumber and amend the crime of “Battery by persons subject to certain injunctions” (domestic abuse injunction, harassment injunction, or tribal injunction) to use the same grammatical style as the other recodified battery statutes.

SB121,7,116940.62 (2) (d) Battery to fire fighters firefighters and commission wardens.
7Whoever intentionally The person causes the bodily harm to a fire fighter, as
8defined in s. 102.475 (8) (b), firefighter or to a commission warden, acting in an
9official capacity and, who the person knows or has reason to know that the victim is
10a fire fighter firefighter or commission warden, by an act done without the consent
11of the person so injured, is guilty of a Class H felony.

Note: Section 19 renumbers and amends the crime of “Battery to fire fighters and commission wardens.” In doing so, the spelling of “fire fighter” is replaced with “firefighter.” The cross-reference to the definition of “firefighter” is deleted and instead codified in the definition section at the beginning of the new subchapter created by the bill.

SB121,7,1514940.62 (2) (b) (title) Battery to probation, extended supervision and, or parole
15agents, community supervision agents, and aftercare agents or their family members.

SB121,8,43940.51 (10) “Family member” means a spouse, child, stepchild, foster child,
4parent, legal guardian, sibling, grandparent, or grandchild.

SB121,8,127940.51 (17) “Probation, extended supervision, and or parole agent” means
8any person authorized by the department of corrections to exercise control over a
9probationer, parolee, or person on extended supervision or authorized by a federally
10recognized American Indian tribe or band to exercise control over a probationer,
11parolee, or person on extended supervision or a comparable program that is
12authorized by the tribe or band.

SB121,8,1915940.62 (2) (b) (intro.) Whoever intentionally The person causes the bodily
16harm or threatens to cause bodily harm to the person or family member of a
17probation, extended supervision, and or parole agent, a community supervision
18agent, or an aftercare agent under all of the following circumstances is guilty of a
19Class H felony:

SB121,8,23201. At the time of the act or threat, the actor person knows or has reason to
21know that the victim is a probation, extended supervision, and or parole agent, a
22community supervision agent, or an aftercare agent, or a member of the agent’s
23family.

SB121,9,2

12. The act or threat is in response to any action taken by the agent acting in an
2official capacity.

Note: Sections 20 to 27 renumber and amend the crime of “Battery to probation, extended supervision and parole agents, community supervision agents, and aftercare agents.” The amendments are found in Sections 20, 25, and 27.

Section 20 retitles the crime to “Battery to probation, extended supervision, or parole agents, community supervision agents, and aftercare agents or their family members” so that the title is grammatically correct and reflects the fact that a battery to one of the specified agent’s family members is also a Class H felony.