HB 0319

1
A bill to be entitled
2An act relating to the Freedom to Worship Safely Act;
3providing a popular name; creating s. 775.0861, F.S.;
4providing for the upgrading of the degree of an offense
5that involves the use or threat of physical force or
6violence against any individual if the offense is
7committed at a location where a religious institution is
8conducting or carrying on religious services or
9activities; providing for gain-time eligibility and
10severity ranking of offenses; amending s. 921.0022, F.S.;
11providing for application of the severity ranking chart of
12the Criminal Punishment Code; providing applicability;
13providing an effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  This act may be cited as the "Freedom to
18Worship Safely Act."
19     Section 2.  Section 775.0861, Florida Statutes, is created
20to read:
21     775.0861  Offenses against persons on the grounds of
22religious institutions; reclassification.--
23     (1)  The felony or misdemeanor degree of any violation of:
24     (a)  Section 784.011, relating to assault;
25     (b)  Section 784.021, relating to aggravated assault;
26     (c)  Section 784.03, relating to battery;
27     (d)  Section 784.041, relating to felony battery;
28     (e)  A statute defining any offense listed in s.
29775.084(1)(b)1.; or
30     (f)  Any other statute defining an offense that involves
31the use or threat of physical force or violence against any
32individual
33
34shall be reclassified to the next higher degree as provided in
35this section if the offense is committed at a location where a
36religious institution as defined in s. 496.404 is conducting or
37carrying on religious services or activities at the time of the
38offense.
39     (2)(a)  In the case of a misdemeanor of the second degree,
40the offense is reclassified to a misdemeanor of the first
41degree.
42     (b)  In the case of a misdemeanor of the first degree, the
43offense is reclassified to a felony of the third degree. For
44purposes of sentencing under chapter 921 and determining
45incentive gain-time eligibility under chapter 944, such offense
46is ranked in level 2 of the offense severity ranking chart.
47     (3)(a)  In the case of a felony of the third degree, the
48offense is reclassified to a felony of the second degree.
49     (b)  In the case of a felony of the second degree, the
50offense is reclassified to a felony of the first degree.
51
52For purposes of sentencing under chapter 921 and determining
53incentive gain-time eligibility under chapter 944, a felony
54offense that is reclassified under this subsection is ranked one
55level above the ranking under s. 921.0022 or s. 921.0023 of the
56offense committed.
57     Section 3.  Subsection (2) of section 921.0022, Florida
58Statutes, is amended to read:
59     921.0022  Criminal Punishment Code; offense severity
60ranking chart.--
61     (2)  The offense severity ranking chart has 10 offense
62levels, ranked from least severe, which are level 1 offenses, to
63most severe, which are level 10 offenses, and each felony
64offense is assigned to a level according to the severity of the
65offense. For purposes of determining which felony offenses are
66specifically listed in the offense severity ranking chart and
67which severity level has been assigned to each of these
68offenses, the numerical statutory references in the left column
69of the chart and the felony degree designations in the middle
70column of the chart are controlling; the language in the right
71column of the chart is provided solely for descriptive purposes.
72Reclassification of the degree of the felony through the
73application of s. 775.0845, s. 775.0861, s. 775.087, s.
74775.0875, s. 794.023, or any other law that provides an enhanced
75penalty for a felony offense, to any offense listed in the
76offense severity ranking chart in this section shall not cause
77the offense to become unlisted and is not subject to the
78provisions of s. 921.0023.
79     Section 4.  This act shall take effect July 1, 2005, and
80shall apply to offenses committed on or after that date.


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