1 | A bill to be entitled |
2 | An act relating to the Freedom to Worship Safely Act; |
3 | providing a popular name; creating s. 775.0861, F.S.; |
4 | providing for the upgrading of the degree of an offense |
5 | that involves the use or threat of physical force or |
6 | violence against any individual if the offense is |
7 | committed at a location where a religious institution is |
8 | conducting or carrying on religious services or |
9 | activities; providing for gain-time eligibility and |
10 | severity ranking of offenses; amending s. 921.0022, F.S.; |
11 | providing for application of the severity ranking chart of |
12 | the Criminal Punishment Code; providing applicability; |
13 | providing an effective date. |
14 |
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15 | Be It Enacted by the Legislature of the State of Florida: |
16 |
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17 | Section 1. This act may be cited as the "Freedom to |
18 | Worship Safely Act." |
19 | Section 2. Section 775.0861, Florida Statutes, is created |
20 | to read: |
21 | 775.0861 Offenses against persons on the grounds of |
22 | religious 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. |
29 | 775.084(1)(b)1.; or |
30 | (f) Any other statute defining an offense that involves |
31 | the use or threat of physical force or violence against any |
32 | individual |
33 |
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34 | shall be reclassified to the next higher degree as provided in |
35 | this section if the offense is committed at a location where a |
36 | religious institution as defined in s. 496.404 is conducting or |
37 | carrying on religious services or activities at the time of the |
38 | offense. |
39 | (2)(a) In the case of a misdemeanor of the second degree, |
40 | the offense is reclassified to a misdemeanor of the first |
41 | degree. |
42 | (b) In the case of a misdemeanor of the first degree, the |
43 | offense is reclassified to a felony of the third degree. For |
44 | purposes of sentencing under chapter 921 and determining |
45 | incentive gain-time eligibility under chapter 944, such offense |
46 | is ranked in level 2 of the offense severity ranking chart. |
47 | (3)(a) In the case of a felony of the third degree, the |
48 | offense is reclassified to a felony of the second degree. |
49 | (b) In the case of a felony of the second degree, the |
50 | offense is reclassified to a felony of the first degree. |
51 |
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52 | For purposes of sentencing under chapter 921 and determining |
53 | incentive gain-time eligibility under chapter 944, a felony |
54 | offense that is reclassified under this subsection is ranked one |
55 | level above the ranking under s. 921.0022 or s. 921.0023 of the |
56 | offense committed. |
57 | Section 3. Subsection (2) of section 921.0022, Florida |
58 | Statutes, is amended to read: |
59 | 921.0022 Criminal Punishment Code; offense severity |
60 | ranking chart.-- |
61 | (2) The offense severity ranking chart has 10 offense |
62 | levels, ranked from least severe, which are level 1 offenses, to |
63 | most severe, which are level 10 offenses, and each felony |
64 | offense is assigned to a level according to the severity of the |
65 | offense. For purposes of determining which felony offenses are |
66 | specifically listed in the offense severity ranking chart and |
67 | which severity level has been assigned to each of these |
68 | offenses, the numerical statutory references in the left column |
69 | of the chart and the felony degree designations in the middle |
70 | column of the chart are controlling; the language in the right |
71 | column of the chart is provided solely for descriptive purposes. |
72 | Reclassification of the degree of the felony through the |
73 | application of s. 775.0845, s. 775.0861, s. 775.087, s. |
74 | 775.0875, s. 794.023, or any other law that provides an enhanced |
75 | penalty for a felony offense, to any offense listed in the |
76 | offense severity ranking chart in this section shall not cause |
77 | the offense to become unlisted and is not subject to the |
78 | provisions of s. 921.0023. |
79 | Section 4. This act shall take effect July 1, 2005, and |
80 | shall apply to offenses committed on or after that date. |