No. CS/CS/SB 436
Filed under Criminal Justice.
Felony Battery; Revising the definition of “prison releasee reoffender” to include a defendant who commits or attempts to commit battery on a law enforcement officer which results in bodily injury; providing enhanced criminal penalties for persons who commit a second or subsequent battery after having a prior conviction for resisting an officer with violence, etc.
Plain English Summary
AI-GENERATEDThe bill makes a second or subsequent battery a third-degree felony if the offender has a prior conviction for battery, aggravated battery, felony battery, or resisting an officer with violence. This expands the list of prior offenses that trigger enhanced penalties for repeat battery offenders.
It adds battery on a law enforcement officer resulting in bodily injury to the list of offenses that make a defendant a prison releasee reoffender. This triggers mandatory minimum sentences and other enhanced penalties for those who commit this specific offense within three years of release from prison.
The bill clarifies that a "conviction" for these purposes includes cases where adjudication is withheld or a nolo contendere plea is entered. This ensures that prior guilty pleas, even without formal adjudication, count toward the enhanced penalty scheme for repeat battery offenders.
AIAdds battery on a law enforcement officer resulting in bodily injury to the list of offenses that trigger enhanced penalties for repeat offenders.
AIElevates a second or subsequent battery to a third-degree felony if the defendant has a prior conviction for battery, aggravated battery, felony battery, or resisting an officer with violence.
AISpecifies that a conviction includes a determination of guilt from a plea or trial, even if adjudication is withheld or a nolo contendere plea is entered.