Florida Senate - 2016                                     SB 150
       
       
        
       By Senator Hutson
       
       
       
       
       
       6-00169-16                                             2016150__
    1                        A bill to be entitled                      
    2         An act relating to offenses by illegal immigrants;
    3         creating s. 775.0863, F.S.; requiring specified
    4         offenses to be reclassified if committed by an illegal
    5         immigrant; specifying the reclassification of these
    6         offenses and enhancement of the level of the ranking
    7         for purposes of sentencing; providing an effective
    8         date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Section 775.0863, Florida Statutes, is created
   13  to read:
   14         775.0863 Offenses against persons by illegal immigrants;
   15  reclassification.—
   16         (1) The felony or misdemeanor degree of any violation of
   17  any of the following provisions shall be reclassified as
   18  provided in this section if the offense is committed against a
   19  person in this state by an immigrant, as defined in 8 U.S.C. s.
   20  1101(a)(15), who is unlawfully present in the United States:
   21         (a) Section 784.011, relating to assault.
   22         (b) Section 784.021, relating to aggravated assault.
   23         (c) Section 784.03, relating to battery.
   24         (d) Section 784.041, relating to felony battery.
   25         (e) A statute defining any offense listed in s.
   26  775.084(1)(b)1.
   27         (f) Any other statute defining an offense that involves the
   28  use or threat of physical force or violence against any
   29  individual.
   30         (2) In the case of an offense identified in paragraphs
   31  (1)(a)-(f):
   32         (a) A misdemeanor of the second degree shall be
   33  reclassified as a misdemeanor of the first degree.
   34         (b) A misdemeanor of the first degree shall be reclassified
   35  as a felony of the third degree. For purposes of sentencing
   36  under chapter 921, such offense shall be ranked in level 2 of
   37  the offense severity ranking chart.
   38         (c) A felony of the third degree shall be reclassified as a
   39  felony of the second degree.
   40         (d) A felony of the second degree shall be reclassified as
   41  a felony of the first degree.
   42         (e) A felony of the first degree shall be reclassified as a
   43  life felony.
   44  
   45  For purposes of sentencing under chapter 921 and determining
   46  incentive gain-time eligibility under chapter 944, a felony
   47  offense that is reclassified under this subsection shall be
   48  ranked one level above the ranking specified under s. 921.0022
   49  or s. 921.0023 for the offense.
   50         Section 2. This act shall take effect July 1, 2016.