Senate Bill 0912c1

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    Florida Senate - 1999                            CS for SB 912

    By the Committee on Criminal Justice and Senator Latvala





    307-1758-99

  1                      A bill to be entitled

  2         An act relating to sentencing; amending s.

  3         775.085, F.S.; reclassifying penalties relating

  4         to offenses evidencing prejudice; amending s.

  5         794.023, F.S.; reclassifying offenses involving

  6         multiple perpetrators of sexual battery;

  7         providing an effective date.

  8

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

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11         Section 1.  Paragraph (a) of subsection (1) of section

12  775.085, Florida Statutes, 1998 Supplement, is amended to

13  read:

14         775.085  Evidencing prejudice while committing offense;

15  reclassification 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, national origin, mental or physical

21  disability, or advanced age of the victim:

22         1.  A misdemeanor of the second degree is reclassified

23  to shall be punishable as if it were a misdemeanor of the

24  first degree.

25         2.  A misdemeanor of the first degree is reclassified

26  to shall be punishable as if it were a felony of the third

27  degree.

28         3.  A felony of the third degree is reclassified to

29  shall be punishable as if it were a felony of the second

30  degree.

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    Florida Senate - 1999                            CS for SB 912
    307-1758-99




  1         4.  A felony of the second degree is reclassified to

  2  shall be punishable as if it were a felony of the first

  3  degree.

  4         5.  A felony of the first degree is reclassified to

  5  shall be punishable as if it were a life felony.

  6         Section 2.  Section 794.023, Florida Statutes, is

  7  amended to read:

  8         794.023  Sexual battery by multiple perpetrators;

  9  reclassification of offenses enhanced penalties.--

10         (1)  The Legislature finds that an act of sexual

11  battery, when committed by more than one person, presents a

12  great danger to the public and is extremely offensive to

13  civilized society.  It is therefore the intent of the

14  Legislature to reclassify offenses provide enhanced penalties

15  for acts of sexual battery committed by more than one person.

16         (2)  The penalty for A violation of s. 794.011 shall be

17  reclassified increased as provided in this subsection if it is

18  charged and proven by the prosecution that, during the same

19  criminal transaction or episode, more than one person

20  committed an act of sexual battery on the same victim.

21         (a)  A felony of the second degree is reclassified to

22  shall be punishable as if it were a felony of the first

23  degree.

24         (b)  A felony of the first degree is reclassified to

25  shall be punishable as if it were a life felony.

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27  This subsection does not apply to life felonies or capital

28  felonies.  For purposes of sentencing under chapter 921 and

29  determining incentive gain-time eligibility under chapter 944,

30  a felony offense which is reclassified under this subsection

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    Florida Senate - 1999                            CS for SB 912
    307-1758-99




  1  is ranked one level above the ranking under s. 921.0022 or s.

  2  921.0023 s. 921.0012 or s. 921.0013 of the offense committed.

  3         Section 3.  This act shall take effect July 1, 1999.

  4

  5          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  6                         Senate Bill 912

  7

  8  Changes the subject matter description in the title of the
    bill from "an Act relating to sexual battery" to "an Act
  9  relating to sentencing."

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