Senate Bill sb1458

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                                  SB 1458

    By Senator Joyner





    18-1165-07                                           See HB 11

  1                      A bill to be entitled

  2         An act relating to assault or battery on

  3         homeless persons; amending s. 775.085, F.S.;

  4         reclassifying offenses evidencing prejudice

  5         based on the homeless status of the victim;

  6         providing a definition; creating s. 784.0815,

  7         F.S.; providing a definition; providing a

  8         minimum sentence and other penalties for a

  9         person convicted of an aggravated assault or

10         aggravated battery upon a homeless person;

11         providing an effective date.

12  

13  Be It Enacted by the Legislature of the State of Florida:

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15         Section 1.  Subsection (1) of section 775.085, Florida

16  Statutes, is amended to read:

17         775.085  Evidencing prejudice while committing offense;

18  reclassification.--

19         (1)(a)  The penalty for any felony or misdemeanor shall

20  be reclassified as provided in this subsection if the

21  commission of such felony or misdemeanor evidences prejudice

22  based on the race, color, ancestry, ethnicity, religion,

23  sexual orientation, national origin, homeless status, mental

24  or physical disability, or advanced age of the victim:

25         1.  A misdemeanor of the second degree is reclassified

26  to a misdemeanor of the first degree.

27         2.  A misdemeanor of the first degree is reclassified

28  to a felony of the third degree.

29         3.  A felony of the third degree is reclassified to a

30  felony of the second degree.

31  

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 1458
    18-1165-07                                           See HB 11




 1         4.  A felony of the second degree is reclassified to a

 2  felony of the first degree.

 3         5.  A felony of the first degree is reclassified to a

 4  life felony.

 5         (b)  As used in paragraph (a), the term:

 6         1.  "Mental or physical disability" means that the

 7  victim suffers from a condition of physical or mental

 8  incapacitation due to a developmental disability, organic

 9  brain damage, or mental illness, and has one or more physical

10  or mental limitations that restrict the victim's ability to

11  perform the normal activities of daily living.

12         2.  "Advanced age" means that the victim is older than

13  65 years of age.

14         3.  "Homeless status" means that the victim is homeless

15  as the term is defined in s. 420.621.

16         Section 2.  Section 784.0815, Florida Statutes, is

17  created to read:

18         784.0815  Assault or battery on homeless persons.--

19         (1)  For purposes of this section, the term "homeless"

20  shall have the same meaning as provided in s. 420.621.

21         (2)  A person who is convicted of an aggravated assault

22  or aggravated battery upon a homeless person shall be

23  sentenced to a minimum term of imprisonment of 3 years and

24  fined not more than $10,000 and shall also be ordered by the

25  sentencing judge to make restitution to the victim of the

26  offense and to perform up to 500 hours of community service

27  work. Restitution and community service work shall be in

28  addition to any fine or sentence that may be imposed and shall

29  not be in lieu thereof. Notwithstanding the provisions of s.

30  948.01, adjudication of guilt or imposition of sentence shall

31  not be suspended, deferred, or withheld.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 1458
    18-1165-07                                           See HB 11




 1         Section 3.  This act shall take effect October 1, 2007.

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CODING: Words stricken are deletions; words underlined are additions.