Senate Bill 2184

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



    Florida Senate - 1998                                  SB 2184

    By Senators Dyer, Campbell, Klein, Meadows, Silver, Turner,
    Forman, Rossin, Kurth and Williams




    14-1303-98

  1                      A bill to be entitled

  2         An act relating to enhanced penalties for

  3         felonies and misdemeanors; amending s. 775.085,

  4         F.S.; providing enhanced penalties for offenses

  5         committed against a child or an older adult;

  6         amending s. 874.04, F.S.; requiring that a

  7         court impose certain enhanced penalties if the

  8         offender was a member of a criminal street gang

  9         at the time of the offense or if the offense

10         was part of any gang-related activity;

11         providing an effective date.

12

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

14

15         Section 1.  Section 775.085, Florida Statutes, is

16  amended to read:

17         775.085  Offense committed against a child or older

18  adult; evidencing prejudice while committing offense; enhanced

19  penalties.--

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

21  be reclassified as provided in paragraph (b) this subsection

22  if:

23         1.  The victim of such felony or misdemeanor is a minor

24  under 16 years of age or a person 65 years of age or older; or

25         2.  The commission of such felony or misdemeanor

26  evidences prejudice based on the race, color, ancestry,

27  ethnicity, religion, sexual orientation, or national origin of

28  the victim:

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

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

31

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    Florida Senate - 1998                                  SB 2184
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  1         2.(b)  A misdemeanor of the first degree shall be

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

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

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

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

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

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

  8  clear and convincing evidence that it has been coerced,

  9  intimidated, or threatened in violation of this section shall

10  have a civil cause of action for treble damages, an

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

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

13  may recover reasonable attorney's fees and costs.

14         (3)  It shall be an essential element of a violation of

15  this section that the record reflect that the defendant

16  perceived, knew, or had reasonable grounds to know or perceive

17  that the victim was within the class or age group delineated

18  in this section herein.

19         Section 2.  Section 874.04, Florida Statutes, as

20  amended by section 21 of chapter 97-194, Laws of Florida, is

21  amended to read:

22         874.04  Criminal street gang activity; enhanced

23  penalties.--Upon a finding by the court at sentencing that the

24  defendant is a member of a criminal street gang, the penalty

25  for any felony or misdemeanor, or any delinquent act or

26  violation of law which would be a felony or misdemeanor if

27  committed by an adult, shall may be enhanced if the offender

28  was a member of a criminal street gang at the time of the

29  commission of such offense or if the offense was committed as

30  part of any gang-related activity. Each of the findings

31  required as a basis for such sentence must shall be found by a

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    Florida Senate - 1998                                  SB 2184
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  1  preponderance of the evidence. The enhancement will be as

  2  follows:

  3         (1)(a)  A misdemeanor of the second degree may be

  4  punished as if it were a misdemeanor of the first degree.

  5         (b)  A misdemeanor of the first degree may be punished

  6  as if it were a felony of the third degree.  For purposes of

  7  sentencing under chapter 921 and determining incentive

  8  gain-time eligibility under chapter 944, such offense is

  9  ranked in level 1 of the offense severity ranking chart. The

10  criminal street gang multiplier in s. 921.0024 does not apply

11  to misdemeanors enhanced under this paragraph.

12         (2)(a)  A felony of the third degree may be punished as

13  if it were a felony of the second degree.

14         (b)  A felony of the second degree may be punished as

15  if it were a felony of the first degree.

16         (c)  A felony of the first degree may be punished as if

17  it were a life felony.

18

19  For purposes of sentencing under chapter 921 and determining

20  incentive gain-time eligibility under chapter 944, such felony

21  offense is ranked as provided in s. 921.0022 or s. 921.0023,

22  and without regard to the penalty enhancement in this

23  subsection.  For purposes of this section, penalty enhancement

24  affects the applicable statutory maximum penalty only.

25         Section 3.  This act shall take effect October 1, 1998.

26

27            *****************************************

28                          SENATE SUMMARY

29    Requires that the penalty imposed for a felony or
      misdemeanor be reclassified to a more severe penalty if
30    the victim of the offense is a child under 16 years of
      age or an adult 65 years of age or older, if the offense
31    was committed by a member of a street gang, or if the
      offense was part of any gang-related activity.
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