1 | The Criminal Justice Committee recommends the following: |
2 |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to the Freedom to Worship Safely Act; |
7 | providing a popular name; creating s. 775.0861, F.S.; |
8 | providing definitions; providing for the upgrading of the |
9 | degree of an offense that involves the use or threat of |
10 | physical force or violence if the offense is committed on |
11 | the property of a religious institution while the victim |
12 | is on the property for the purpose of participating in or |
13 | attending a religious service; providing for severity |
14 | ranking of offenses; amending s. 921.0022, F.S.; providing |
15 | for application of the severity ranking chart of the |
16 | Criminal Punishment Code; providing applicability; |
17 | providing an effective date. |
18 |
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19 | Be It Enacted by the Legislature of the State of Florida: |
20 |
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21 | Section 1. This act may be cited as the "Freedom to |
22 | Worship Safely Act." |
23 | Section 2. Section 775.0861, Florida Statutes, is created |
24 | to read: |
25 | 775.0861 Offenses against persons on the grounds of |
26 | religious institutions; reclassification.-- |
27 | (1) For purposes of this section, the term: |
28 | (a) "Religious institution" is as defined in s. 496.404. |
29 | (b) "Religious service" is a religious ceremony, prayer, |
30 | or other activity according to a form and order prescribed for |
31 | worship, including a service related to a particular occasion. |
32 | (2) The felony or misdemeanor degree of any violation of: |
33 | (a) Section 784.011, relating to assault; |
34 | (b) Section 784.021, relating to aggravated assault; |
35 | (c) Section 784.03, relating to battery; |
36 | (d) Section 784.041, relating to felony battery; |
37 | (e) A statute defining any offense listed in s. |
38 | 775.084(1)(b)1.; or |
39 | (f) Any other statute defining an offense that involves |
40 | the use or threat of physical force or violence against any |
41 | individual |
42 |
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43 | shall be reclassified as provided in this section if the offense |
44 | is committed on the property of a religious institution while |
45 | the victim is on the property for the purpose of participating |
46 | in or attending a religious service. |
47 | (3)(a) In the case of a misdemeanor of the second degree, |
48 | the offense is reclassified to a misdemeanor of the first |
49 | degree. |
50 | (b) In the case of a misdemeanor of the first degree, the |
51 | offense is reclassified to a felony of the third degree. For |
52 | purposes of sentencing under chapter 921, such offense is ranked |
53 | in level 2 of the offense severity ranking chart. |
54 | (c) In the case of a felony of the third degree, the |
55 | offense is reclassified to a felony of the second degree. |
56 | (d) In the case of a felony of the second degree, the |
57 | offense is reclassified to a felony of the first degree. |
58 | (e) In the case of a felony of the first degree, the |
59 | offense is reclassified to a life felony. |
60 |
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61 | For purposes of sentencing under chapter 921 and determining |
62 | incentive gain-time eligibility under chapter 944, a felony |
63 | offense that is reclassified under this subsection is ranked one |
64 | level above the ranking under s. 921.0022 or s. 921.0023 of the |
65 | offense committed. |
66 | Section 3. Subsection (2) of section 921.0022, Florida |
67 | Statutes, is amended to read: |
68 | 921.0022 Criminal Punishment Code; offense severity |
69 | ranking chart.-- |
70 | (2) The offense severity ranking chart has 10 offense |
71 | levels, ranked from least severe, which are level 1 offenses, to |
72 | most severe, which are level 10 offenses, and each felony |
73 | offense is assigned to a level according to the severity of the |
74 | offense. For purposes of determining which felony offenses are |
75 | specifically listed in the offense severity ranking chart and |
76 | which severity level has been assigned to each of these |
77 | offenses, the numerical statutory references in the left column |
78 | of the chart and the felony degree designations in the middle |
79 | column of the chart are controlling; the language in the right |
80 | column of the chart is provided solely for descriptive purposes. |
81 | Reclassification of the degree of the felony through the |
82 | application of s. 775.0845, s. 775.0861, s. 775.087, s. |
83 | 775.0875, s. 794.023, or any other law that provides an enhanced |
84 | penalty for a felony offense, to any offense listed in the |
85 | offense severity ranking chart in this section shall not cause |
86 | the offense to become unlisted and is not subject to the |
87 | provisions of s. 921.0023. |
88 | Section 4. This act shall take effect July 1, 2005, and |
89 | shall apply to offenses committed on or after that date. |