Florida Senate - 2017 SB 120 By Senator Hutson 7-00144A-17 2017120__ 1 A bill to be entitled 2 An act relating to offenses by aliens unlawfully 3 present in the United States; creating s. 775.0864, 4 F.S.; requiring specified offenses to be reclassified 5 if committed by such aliens; specifying the 6 reclassification of these offenses; specifying the 7 enhancement of the level of the ranking for purposes 8 of sentencing and gain-time eligibility; amending s. 9 921.0022, F.S.; revising references to offense 10 reclassification provisions to conform to changes made 11 by the act; providing an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Section 775.0864, Florida Statutes, is created 16 to read: 17 775.0864 Offenses against persons by unlawfully present 18 aliens; reclassification.— 19 (1) A violation of any of the following provisions must be 20 reclassified to the next higher degree, as provided in 21 subsection (2), if the offense is committed against a person in 22 this state by an alien, as defined in 8 U.S.C. s. 1101(a), who 23 is unlawfully present in the United States: 24 (a) Section 784.011, relating to assault. 25 (b) Section 784.021, relating to aggravated assault. 26 (c) Section 784.03, relating to battery. 27 (d) Section 784.041, relating to felony battery. 28 (e) A statute defining any offense listed in s. 29 775.084(1)(b)1. 30 (f) A statute defining any offense that involves the use or 31 threat of physical force or violence against another person. 32 (2) In the case of an offense identified in subsection (1): 33 (a) A misdemeanor of the second degree is reclassified to a 34 misdemeanor of the first degree. 35 (b) A misdemeanor of the first degree is reclassified to a 36 felony of the third degree. For purposes of sentencing under 37 chapter 921, such offense is ranked in level 2 of the offense 38 severity ranking chart. 39 (c) A felony of the third degree is reclassified to a 40 felony of the second degree. 41 (d) A felony of the second degree is reclassified to a 42 felony of the first degree. 43 (e) A felony of the first degree is reclassified to a life 44 felony. 45 46 For purposes of sentencing under chapter 921 and determining 47 incentive gain-time eligibility under chapter 944, a felony 48 offense that is reclassified under this subsection is ranked one 49 level above the ranking specified under s. 921.0022 or s. 50 921.0023 of the felony offense committed. 51 Section 2. Subsection (2) of section 921.0022, Florida 52 Statutes, is amended to read: 53 921.0022 Criminal Punishment Code; offense severity ranking 54 chart.— 55 (2) The offense severity ranking chart has 10 offense 56 levels, ranked from least severe, which are level 1 offenses, to 57 most severe, which are level 10 offenses, and each felony 58 offense is assigned to a level according to the severity of the 59 offense. For purposes of determining which felony offenses are 60 specifically listed in the offense severity ranking chart and 61 which severity level has been assigned to each of these 62 offenses, the numerical statutory references in the left column 63 of the chart and the felony degree designations in the middle 64 column of the chart are controlling; the language in the right 65 column of the chart is provided solely for descriptive purposes. 66 Reclassification of the degree of the felony through the 67 application of s. 775.0845, s. 775.085, s. 775.0861, s. 68 775.0862, s. 775.0863, s. 775.0864, s. 775.087, s. 775.0875, s. 69 794.023, or any other law that provides an enhanced penalty for 70 a felony offense, to any offense listed in the offense severity 71 ranking chart in this section shall not cause the offense to 72 become unlisted and is not subject to the provisions of s. 73 921.0023. 74 Section 3. This act shall take effect July 1, 2017.