| 1 | A bill to be entitled |
| 2 | An act relating to assault or battery on homeless persons; |
| 3 | creating s. 784.0815, F.S.; providing a definition; |
| 4 | providing a minimum sentence for a person convicted of an |
| 5 | aggravated assault or aggravated battery upon a homeless |
| 6 | person; providing for reclassification of certain offenses |
| 7 | when committed against homeless persons; providing that |
| 8 | adjudication of guilt or imposition of sentence shall not |
| 9 | be suspended, deferred, or withheld for such offenses; |
| 10 | providing an effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Section 784.0815, Florida Statutes, is created |
| 15 | to read: |
| 16 | 784.0815 Assault or battery on homeless persons.-- |
| 17 | (1) For purposes of this section, the term "homeless" |
| 18 | shall have the same meaning as provided in s. 420.621. |
| 19 | (2) A person who is convicted of an aggravated assault or |
| 20 | aggravated battery upon a homeless person shall be sentenced to |
| 21 | a minimum term of imprisonment of 3 years and fined not more |
| 22 | than $10,000 and shall also be ordered by the sentencing judge |
| 23 | to make restitution to the victim of the offense and to perform |
| 24 | up to 500 hours of community service work. Restitution and |
| 25 | community service work shall be in addition to any fine or |
| 26 | sentence that may be imposed and shall not be in lieu thereof. |
| 27 | (3) Whenever a person is charged with committing an |
| 28 | assault or aggravated assault or a battery or aggravated battery |
| 29 | upon a homeless person, regardless of whether he or she knows or |
| 30 | has reason to know the housing status of the victim, the offense |
| 31 | for which the person is charged shall be reclassified as |
| 32 | follows: |
| 33 | (a) In the case of aggravated battery, from a felony of |
| 34 | the second degree to a felony of the first degree. |
| 35 | (b) In the case of aggravated assault, from a felony of |
| 36 | the third degree to a felony of the second degree. |
| 37 | (c) In the case of battery, from a misdemeanor of the |
| 38 | first degree to a felony of the third degree. |
| 39 | (d) In the case of assault, from a misdemeanor of the |
| 40 | second degree to a misdemeanor of the first degree. |
| 41 | (4) Notwithstanding the provisions of s. 948.01, |
| 42 | adjudication of guilt or imposition of sentence shall not be |
| 43 | suspended, deferred, or withheld. |
| 44 | Section 2. This act shall take effect October 1, 2006. |