Senate Bill 2616

    Florida Senate - 2000                                  SB 2616

    By Senator Dawson





    30-62-00

  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:

  8

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

10  Statutes, is amended to read:

11         775.085  Evidencing prejudice while committing offense;

12  reclassification.--

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 is reclassified

20  to a misdemeanor of the first degree.

21         2.  A misdemeanor of the first degree is reclassified

22  to a felony of the third degree.

23         3.  A felony of the third degree is reclassified to a

24  felony of the second degree.

25         4.  A felony of the second degree is reclassified to a

26  felony of the first degree.

27         5.  A felony of the first degree is reclassified to a

28  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

                                  1

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






    Florida Senate - 2000                                  SB 2616
    30-62-00




  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, 2000.

  8

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10                          SENATE SUMMARY

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      Provides that a crime based upon the gender of the victim
12    is a hate crime and results in an enhanced penalty.

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