Senate Bill 0154er

    ENROLLED

    1998 Legislature                  CS for SB 154, 1st Engrossed



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  2         An act relating to offenses that evidence

  3         prejudice; amending s. 775.085, F.S.; providing

  4         enhanced penalties for offenses that show

  5         evidence of prejudice against the victim, based

  6         on the victim's mental or physical disability

  7         or advanced age; providing definitions;

  8         providing an effective date.

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

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12         Section 1.  Section 775.085, Florida Statutes, is

13  amended to read:

14         775.085  Evidencing prejudice while committing offense;

15  enhanced penalties.--

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

17  be reclassified as provided in this subsection if the

18  commission of such felony or misdemeanor evidences prejudice

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

20  sexual orientation, or national origin, mental or physical

21  disability, or advanced age of the victim:

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

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

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

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

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

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

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

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

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

31  if it were a life felony.


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




    ENROLLED

    1998 Legislature                  CS for SB 154, 1st Engrossed



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

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

  3  victim suffers from a condition of physical or mental

  4  incapacitation due to a developmental disability, organic

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

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

  7  perform the normal activities of daily living.

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

  9  65 years of age.

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

11  clear and convincing evidence that it has been coerced,

12  intimidated, or threatened in violation of this section has

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

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

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

16  may recover reasonable attorney's fees and costs.

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

18  section that the record reflect that the defendant perceived,

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

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

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

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