No. CS/SB 156
Filed under Criminal Justice.
Criminal Offenses Against Law Enforcement Officers and Other Personnel; Citing this act as the "Officer Jason Raynor Act"; revising a prohibition on the use or threatened use of force to resist arrest or detention; providing for enhanced punishment for manslaughter when committed against specified officers; revising provisions concerning assault or battery upon specified officers and other personnel; revising a provision concerning resisting, obstructing, or opposing specified officers or legally authorized persons, etc.
Plain English Summary
AI-GENERATEDThe most severe change is in Section 3. Killing an officer now triggers a mandatory life sentence. This applies even if the officer was not performing a legal duty. The prior requirement of lawful performance is removed.
Section 2 removes the officer's duty to act lawfully. An officer acting in good faith is protected. This applies even if the arrest is later found unlawful. The definition of good faith is added to the statute.
Section 4 reclassifies assault and battery against officers. Assault becomes a first-degree misdemeanor. Battery becomes a second-degree felony. This applies when the officer is performing official duties.
Section 5 updates the definition of resisting officers. It now requires the officer to be performing official duties. The prior requirement of lawful execution of a legal duty is removed. The offense remains a third-degree felony.
AIDefines acting in good faith as making sincere and reasonable efforts to comply with legal requirements, even if the arrest, detention, or other act is later found to have been unlawful, removing the prior requirement that the officer know the act was unlawful.
AIReclassifies assault on specified personnel from a second-degree misdemeanor to a first-degree misdemeanor and battery from a first-degree misdemeanor to a felony of the third degree when the victim is engaged in the performance of official duties, removing the prior requirement that the duties be lawful.
AIMoves the third-degree felony for battery of law enforcement officers, firefighters, and other specified personnel from one position on the offense severity ranking chart to another, changing its relative ranking among third-degree felonies.
AIProhibits the use or threatened use of force to resist any arrest or detention by a law enforcement officer acting in good faith, expanding the prior prohibition which only covered arrests or the execution of a legal duty.
AIRequires a sentence of life imprisonment without eligibility for release for a defendant who commits manslaughter in violation of s. 782.07(1) against a law enforcement, correctional, or correctional probation officer engaged in the performance of official duties.
AIExpands the third-degree felony for offering or doing violence to an officer or legally authorized person to include those engaged in the performance of official duties as described in s. 943.10, replacing the prior requirement of lawful execution of any legal duty.