Senate Bill sb1328
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Florida Senate - 2003 SB 1328
By Senator Fasano
11-998-03
1 A bill to be entitled
2 An act relating to criminal offenses; creating
3 s. 775.0847; providing for the reclassification
4 of felonies committed against the elderly or
5 disabled; amending s. 784.08; providing for the
6 reclassification of misdemeanors committed
7 against persons 65 years of age or older;
8 amending s. 812.0145; providing for a mandatory
9 term of imprisonment for certain thefts against
10 persons 65 years of age or older; amending s.
11 825.103; providing for a mandatory term of
12 imprisonment for certain acts of exploitation
13 against an elderly person or disabled adult;
14 providing an effective date.
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16 Be It Enacted by the Legislature of the State of Florida:
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18 Section 1. This act may be cited as "The Seniors'
19 Safety Act of 2003."
20 Section 2. Section 775.0847, Florida Statutes, is
21 created to read:
22 775.0847 Felonies committed against the elderly or
23 disabled; reclassification of offenses.--Whenever a person is
24 charged with committing a felony offense upon a person 65
25 years of age or older or an elderly person or disabled adult
26 as defined in chapter 825, regardless of whether he or she
27 knows or has reason to know the age, infirmity, or disability
28 of the victim, the offense for which the person is charged
29 shall be reclassified as follows:
30 (1) In the case of a felony of the third degree, the
31 offense is reclassified to a felony of the second degree.
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Florida Senate - 2003 SB 1328
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1 (2) In the case of a felony of the second degree, the
2 offense is reclassified to a felony of the first degree.
3 (3) In the case of a felony of the first degree, the
4 offense is reclassified to a felony of the first degree,
5 punishable by life imprisonment.
6 Section 3. Subsection (2) of section 784.08, Florida
7 Statutes, is amended to read:
8 784.08 Assault or battery on persons 65 years of age
9 or older; reclassification of offenses; minimum sentence.--
10 (2) Whenever a person is charged with committing an
11 assault or aggravated assault or a battery or aggravated
12 battery upon a person 65 years of age or older, regardless of
13 whether he or she knows or has reason to know the age of the
14 victim, the offense for which the person is charged shall be
15 reclassified as follows:
16 (a) In the case of aggravated battery, from a felony
17 of the second degree to a felony of the first degree.
18 (b) In the case of aggravated assault, from a felony
19 of the third degree to a felony of the second degree.
20 (a)(c) In the case of battery, from a misdemeanor of
21 the first degree to a felony of the third degree.
22 (b)(d) In the case of assault, from a misdemeanor of
23 the second degree to a misdemeanor of the first degree.
24 Section 4. Subsection (2) of section 812.0145, Florida
25 Statutes, is amended to read:
26 812.0145 Theft from persons 65 years of age or older;
27 reclassification of offenses.--
28 (2) Notwithstanding any other provision of law, if the
29 funds, assets, or property involved in a theft from a person
30 65 years of age or older is valued at $10,000 or more, the
31 court must sentence the offender to a mandatory minimum
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Florida Senate - 2003 SB 1328
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1 sentence of 3 years imprisonment. However, the mandatory term
2 of imprisonment does not apply to the theft of one or more
3 motor vehicles, regardless of associated value. Whenever a
4 person is charged with committing theft from a person 65 years
5 of age or older, when he or she knows or has reason to believe
6 that the victim was 65 years of age or older, the offense for
7 which the person is charged shall be reclassified as follows:
8 (a) This subsection does not prevent a court from
9 imposing a greater sentence of incarceration as authorized by
10 law. If the funds, assets, or property involved in the theft
11 from a person 65 years of age or older is valued at $50,000 or
12 more, the offender commits a felony of the first degree,
13 punishable as provided in s. 775.082, s. 775.083, or s.
14 775.084.
15 (b) If the minimum mandatory terms of imprisonment
16 imposed pursuant to this section exceed the maximum sentences
17 authorized by s. 775.082, s. 775.084, or the Criminal
18 Punishment Code under chapter 921, the mandatory minimum
19 sentence must be imposed. If the mandatory minimum terms of
20 imprisonment pursuant to this section are less than the
21 sentences that could be imposed as authorized by s. 775.082,
22 s. 775.084, or the Criminal Punishment Code under chapter 921,
23 the sentence imposed by the court must include the mandatory
24 minimum term of imprisonment as required in this section. If
25 the funds, assets, or property involved in the theft from a
26 person 65 years of age or older is valued at $10,000 or more,
27 but less than $50,000, the offender commits a felony of the
28 second degree, punishable as provided in s. 775.082, s.
29 775.083, or s. 775.084.
30 (c) If the funds, assets, or property involved in the
31 theft from a person 65 years of age or older is valued at $300
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Florida Senate - 2003 SB 1328
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1 or more, but less than $10,000, the offender commits a felony
2 of the third degree, punishable as provided in s. 775.082, s.
3 775.083, or s. 775.084.
4 Section 5. Subsections (3) and (4) are added to
5 section 825.103, Florida Statutes, to read:
6 825.103 Exploitation of an elderly person or disabled
7 adult; penalties.--
8 (3) Notwithstanding any other provision of law, if the
9 funds, assets, or property involved in the exploitation of an
10 elderly person or a disabled adult is valued at $10,000 or
11 more, the court must sentence the offender to a mandatory
12 minimum sentence of 3 years imprisonment.
13 (4) Nothing in this subsection prevents a court from
14 imposing a greater sentence of incarceration as authorized by
15 law. If the minimum mandatory terms of imprisonment imposed
16 pursuant to this section exceed the maximum sentences
17 authorized by s. 775.082, s. 775.084, or the Criminal
18 Punishment Code under chapter 921, the mandatory minimum
19 sentence must be imposed. If the mandatory minimum terms of
20 imprisonment pursuant to this section are less than the
21 sentences that could be imposed as authorized by s. 775.082,
22 s. 775.084, or the Criminal Punishment Code under chapter 921,
23 the sentence imposed by the court must include the mandatory
24 minimum term of imprisonment as required in this section.
25 Section 6. This act shall take effect July 1, 2003.
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Florida Senate - 2003 SB 1328
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2 SENATE SUMMARY
3 Provides for the reclassification of felonies committed
against an elderly person or a disabled adult. Provides
4 for the reclassification of misdemeanors for battery and
assault committed against persons 65 years of age or
5 older. Provides for a mandatory term of imprisonment for
certain thefts and acts of exploitation committed against
6 persons 65 years of age or older.
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