HB 0319CS

CHAMBER ACTION




1The Criminal Justice Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to the Freedom to Worship Safely Act;
7providing a popular name; creating s. 775.0861, F.S.;
8providing definitions; providing for the upgrading of the
9degree of an offense that involves the use or threat of
10physical force or violence if the offense is committed on
11the property of a religious institution while the victim
12is on the property for the purpose of participating in or
13attending a religious service; providing for severity
14ranking of offenses; amending s. 921.0022, F.S.; providing
15for application of the severity ranking chart of the
16Criminal Punishment Code; providing applicability;
17providing an effective date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  This act may be cited as the "Freedom to
22Worship Safely Act."
23     Section 2.  Section 775.0861, Florida Statutes, is created
24to read:
25     775.0861  Offenses against persons on the grounds of
26religious 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,
30or other activity according to a form and order prescribed for
31worship, 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.
38775.084(1)(b)1.; or
39     (f)  Any other statute defining an offense that involves
40the use or threat of physical force or violence against any
41individual
42
43shall be reclassified as provided in this section if the offense
44is committed on the property of a religious institution while
45the victim is on the property for the purpose of participating
46in or attending a religious service.
47     (3)(a)  In the case of a misdemeanor of the second degree,
48the offense is reclassified to a misdemeanor of the first
49degree.
50     (b)  In the case of a misdemeanor of the first degree, the
51offense is reclassified to a felony of the third degree. For
52purposes of sentencing under chapter 921, such offense is ranked
53in level 2 of the offense severity ranking chart.
54     (c)  In the case of a felony of the third degree, the
55offense is reclassified to a felony of the second degree.
56     (d)  In the case of a felony of the second degree, the
57offense is reclassified to a felony of the first degree.
58     (e)  In the case of a felony of the first degree, the
59offense is reclassified to a life felony.
60
61For purposes of sentencing under chapter 921 and determining
62incentive gain-time eligibility under chapter 944, a felony
63offense that is reclassified under this subsection is ranked one
64level above the ranking under s. 921.0022 or s. 921.0023 of the
65offense committed.
66     Section 3.  Subsection (2) of section 921.0022, Florida
67Statutes, is amended to read:
68     921.0022  Criminal Punishment Code; offense severity
69ranking chart.--
70     (2)  The offense severity ranking chart has 10 offense
71levels, ranked from least severe, which are level 1 offenses, to
72most severe, which are level 10 offenses, and each felony
73offense is assigned to a level according to the severity of the
74offense. For purposes of determining which felony offenses are
75specifically listed in the offense severity ranking chart and
76which severity level has been assigned to each of these
77offenses, the numerical statutory references in the left column
78of the chart and the felony degree designations in the middle
79column of the chart are controlling; the language in the right
80column of the chart is provided solely for descriptive purposes.
81Reclassification of the degree of the felony through the
82application of s. 775.0845, s. 775.0861, s. 775.087, s.
83775.0875, s. 794.023, or any other law that provides an enhanced
84penalty for a felony offense, to any offense listed in the
85offense severity ranking chart in this section shall not cause
86the offense to become unlisted and is not subject to the
87provisions of s. 921.0023.
88     Section 4.  This act shall take effect July 1, 2005, and
89shall apply to offenses committed on or after that date.


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