Domestic Violence and Protective Injunctions
Prior domestic violence conviction now bumps new DV offenses up one degree
Florida Statutes affected
| s. 741.28 | Domestic violence; definitions. |
| s. 741.2801 | |
| s. 741.2905 | |
| s. 741.2906 | |
| s. 741.30 | Domestic violence; injunction; powers and duties of court and clerk; petition; notice and hearing; temporary injunction; issuance of injunction; statewide verification system; enforcement; public records exemption. |
| s. 741.31 | Violation of an injunction for protection against domestic violence. |
| s. 943.05 | Criminal Justice Information Program; duties; crime reports. |
| s. 960.198 | Relocation assistance for victims of domestic violence. |
Side-by-side: current law vs. the bill
Bill section 1
Not codified in the Florida Statutes.
Subsection (5) is added to section 741.28, Florida Statutes, to read:
741.28 Domestic violence; definitions.—As used in ss. 741.28-741.31:
(5) "Military protective order" means a protective order issued in accordance with 10 U.S.C. s. 1567 by a commanding officer in the Armed Forces of the United States or the National Guard of any state against a person under such officer's command.
s. 741.2801, F.S.
New section — not in current law.
741.2801 Domestic violence; enhanced penalties.—
(1) As used in this section, the term "conviction" means a determination of guilt that is the result of a plea or trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.
(2) The penalty for a crime of domestic violence shall be reclassified if, at the time of the commission of the offense, the offender has a prior conviction for a crime of domestic violence. The reclassification is as follows:
(a) A misdemeanor of the second degree is reclassified to a misdemeanor of the first degree.
(b) A misdemeanor of the first degree is reclassified to a felony of the third degree. For purposes of sentencing under chapter 921, such offense is ranked in level 1 of the offense severity ranking chart.
(c) A felony of the third degree is reclassified to a felony of the second degree.
(d) A felony of the second degree is reclassified to a felony of the first degree.
(e) A felony of the first degree is reclassified to a life felony.
For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, a felony offense that is reclassified under this section is ranked as provided in s. 921.0022 or s. 921.0023 without regard to the penalty enhancement in this section.
(3) The penalty enhancement in this section does not apply to a conviction for felony battery under s. 784.03(2).
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