A bill that would classify strangulation as assault that merits felony charges has passed the House unanimously.
Rep. Jessica Baker's legislation (HB 1375) would make the penalty for the act a third-degree felony, which could lead to five years in state prison for those convicted, as long as the act is adjudged to have caused "great bodily harm."
This would extend that from current law, which stipulates a third-degree felony when the victim and the strangler share a "domestic or dating relationship." The bill would make strangulation of any victim regardless of the relationship a third-degree felony.
"Without a showing of great bodily harm, permanent disability or permanent disfigurement, Florida law does not currently make it a felony to commit battery by strangulation in scenarios where the offender and victim do not share a domestic or dating relationship," reads the bill analysis.
The statutory prohibition "does not apply to any act of medical diagnosis, treatment, or prescription which is authorized under the laws of this state."
The bill analysis argues that the "bill may have a positive indeterminate impact on jail and prison beds by creating a new felony offense for battery by strangulation, which may result in more jail and prison admissions."
The legislation has a Senate companion. Sen. Jonathan Martin is carrying the identical companion measure (SB 1334). That bill is moving through the committee process.
If this bill becomes law, it goes into effect Oct.1, 2023.
Baker and Martin have teamed up successfully on another legislative proposal that would enhance penalties for violent crimes of a different sort.
HB 1297 would pave the way for executing adults who raped children with a supermajority jury verdict, meaning that at least eight of 12 jurors concur. This bill has passed both the House and the Senate.
