Senate Bill sb1992

    Florida Senate - 2006                                  SB 1992

    By Senator Alexander





    17-1507-06                                          See HB 809

  1                      A bill to be entitled

  2         An act relating to assault or battery on

  3         homeless persons; creating s. 784.0815, F.S.;

  4         providing a definition; providing a minimum

  5         sentence for a person convicted of an

  6         aggravated assault or aggravated battery upon a

  7         homeless person; providing for reclassification

  8         of certain offenses when committed against

  9         homeless persons; providing that adjudication

10         of guilt or imposition of sentence shall not be

11         suspended, deferred, or withheld for such

12         offenses; providing an effective date.

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14  Be It Enacted by the Legislature of the State of Florida:

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16         Section 1.  Section 784.0815, Florida Statutes, is

17  created to read:

18         784.0815  Assault or battery on homeless persons.--

19         (1)  For purposes of this section, the term "homeless"

20  shall have the same meaning as provided in s. 420.621.

21         (2)  A person who is convicted of an aggravated assault

22  or aggravated battery upon a homeless person shall be

23  sentenced to a minimum term of imprisonment of 3 years and

24  fined not more than $10,000 and shall also be ordered by the

25  sentencing judge to make restitution to the victim of the

26  offense and to perform up to 500 hours of community service

27  work. Restitution and community service work shall be in

28  addition to any fine or sentence that may be imposed and shall

29  not be in lieu thereof.

30         (3)  Whenever a person is charged with committing an

31  assault or aggravated assault or a battery or aggravated

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






    Florida Senate - 2006                                  SB 1992
    17-1507-06                                          See HB 809




 1  battery upon a homeless person, regardless of whether he or

 2  she knows or has reason to know the housing status of the

 3  victim, the offense for which the person is charged shall be

 4  reclassified as follows:

 5         (a)  In the case of aggravated battery, from a felony

 6  of the second degree to a felony of the first degree.

 7         (b)  In the case of aggravated assault, from a felony

 8  of the third degree to a felony of the second degree.

 9         (c)  In the case of battery, from a misdemeanor of the

10  first degree to a felony of the third degree.

11         (d)  In the case of assault, from a misdemeanor of the

12  second degree to a misdemeanor of the first degree.

13         (4)  Notwithstanding the provisions of s. 948.01,

14  adjudication of guilt or imposition of sentence shall not be

15  suspended, deferred, or withheld.

16         Section 2.  This act shall take effect October 1, 2006.

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