SENATE AMENDMENT

    Bill No. CS/HB 183, 1st Eng.

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Dawson-White moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 3, between lines 2 and 3,

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16  insert:

17         Section 3.  Subsection (1) of section 775.085, Florida

18  Statutes, 1998 Supplement, is 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, national origin, mental or physical

26  disability, gender, or advanced age of the victim:

27         1.  A misdemeanor of the second degree shall be

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

29         2.  A misdemeanor of the first degree shall be

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

31         3.  A felony of the third degree shall be punishable as

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 183, 1st Eng.

    Amendment No.    





 1  if it were a felony of the second degree.

 2         4.  A felony of the second degree shall be punishable

 3  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.

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16  (Redesignate subsequent sections.)

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19  ================ T I T L E   A M E N D M E N T ===============

20  And the title is amended as follows:

21         On page 1, line 6, after the semicolon

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23  insert:

24         amending s. 775.085, F.S.; including gender

25         within a list of prejudices considered to be an

26         element of a hate crime;

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