House Bill 0459

    Florida House of Representatives - 1999                 HB 459

        By Representative Jacobs






  1                      A bill to be entitled

  2         An act relating to hate crimes; amending s.

  3         775.085, F.S.; including gender within a list

  4         of prejudices considered to be an element of a

  5         hate crime; providing an effective date.

  6

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

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  9         Section 1.  Subsection (1) of section 775.085, Florida

10  Statutes, 1998 Supplement, is amended to read:

11         775.085  Evidencing prejudice while committing offense;

12  enhanced penalties.--

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

14  be reclassified as provided in this subsection if the

15  commission of such felony or misdemeanor evidences prejudice

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

17  sexual orientation, national origin, mental or physical

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

19         1.  A misdemeanor of the second degree shall be

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

21         2.  A misdemeanor of the first degree shall be

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

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

24  if it were a felony of the second degree.

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

26  as if it were a felony of the first degree.

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

28  if it were a life felony.

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

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

31  victim suffers from a condition of physical or mental

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






    Florida House of Representatives - 1999                 HB 459

    542-163-99






  1  incapacitation due to a developmental disability, organic

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

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

  4  perform the normal activities of daily living.

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

  6  65 years of age.

  7         Section 2.  This act shall take effect July 1, 1999.

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10                          HOUSE SUMMARY

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      Provides that a crime based upon the gender of the victim
12    shall be considered a hate crime and shall result in an
      enhanced penalty.
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