SENATE AMENDMENT

    Bill No. CS for SB 154

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Campbell moved the following amendment:

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13         Senate Amendment 

14         On page 0, delete everything after the enacting clause

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16  and insert:

17         Section 1.  Section 775.085, Florida Statutes, is

18  amended to read:

19         775.085  Evidencing prejudice while committing offense;

20  enhanced penalties.--

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

22  be reclassified as provided in this subsection if the

23  commission of such felony or misdemeanor evidences prejudice

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

25  sexual orientation, or national origin, mental or physical

26  disability, or advanced age of the victim:

27         1.(a)  A misdemeanor of the second degree shall be

28  punishable as if it were a misdemeanor of the first degree.

29         2.(b)  A misdemeanor of the first degree shall be

30  punishable as if it were a felony of the third degree.

31         3.(c)  A felony of the third degree shall be punishable

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 154

    Amendment No.    





 1  as if it were a felony of the second degree.

 2         4.(d)  A felony of the second degree shall be

 3  punishable as if it were a felony of the first degree.

 4         5.  A felony of the first degree shall be punishable as

 5  if it were a life felony.

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

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

 8  victim suffers from a condition of physical or mental

 9  incapacitation due to a developmental disability, organic

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

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

12  perform the normal activities of daily living.

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

14  65 years of age.

15         (2)  A person or organization that which establishes by

16  clear and convincing evidence that it has been coerced,

17  intimidated, or threatened in violation of this section has

18  shall have a civil cause of action for treble damages, an

19  injunction, or any other appropriate relief in law or in

20  equity. Upon prevailing in such civil action, the plaintiff

21  may recover reasonable attorney's fees and costs.

22         (3)  It is shall be an essential element of this

23  section that the record reflect that the defendant perceived,

24  knew, or had reasonable grounds to know or perceive that the

25  victim was within the class delineated in this section herein.

26         Section 2.  This act shall take effect October 1, 1998.

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