HB 0809CS

CHAMBER ACTION




1The Criminal Justice Appropriations Committee recommends the
2following:
3
4     Council/Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to assault or battery on homeless persons;
8creating the "Norris Act"; amending s. 775.085, F.S.;
9reclassifying offenses evidencing prejudice based on the
10homeless status of the victim; creating s. 784.0815, F.S.;
11providing a definition; providing a minimum sentence for a
12person convicted of an aggravated assault or aggravated
13battery upon a homeless person; providing for
14reclassification of certain offenses when committed
15against homeless persons; providing an effective date.
16
17Be It Enacted by the Legislature of the State of Florida:
18
19     Section 1.  This act may be cited as the "Norris Act."
20     Section 2.  Subsection (1) of section 775.085, Florida
21Statutes, is amended to read:
22     775.085  Evidencing prejudice while committing offense;
23reclassification.--
24     (1)(a)  The penalty for any felony or misdemeanor shall be
25reclassified as provided in this subsection if the commission of
26such felony or misdemeanor evidences prejudice based on the
27race, color, ancestry, ethnicity, religion, sexual orientation,
28national origin, homeless status, mental or physical disability,
29or advanced age of the victim:
30     1.  A misdemeanor of the second degree is reclassified to a
31misdemeanor of the first degree.
32     2.  A misdemeanor of the first degree is reclassified to a
33felony of the third degree.
34     3.  A felony of the third degree is reclassified to a
35felony of the second degree.
36     4.  A felony of the second degree is reclassified to a
37felony of the first degree.
38     5.  A felony of the first degree is reclassified to a life
39felony.
40     (b)  As used in paragraph (a), the term:
41     1.  "Mental or physical disability" means that the victim
42suffers from a condition of physical or mental incapacitation
43due to a developmental disability, organic brain damage, or
44mental illness, and has one or more physical or mental
45limitations that restrict the victim's ability to perform the
46normal activities of daily living.
47     2.  "Advanced age" means that the victim is older than 65
48years of age.
49     3.  "Homeless status" means that the victim is homeless as
50the term is defined in s. 420.621.
51     Section 3.  Section 784.0815, Florida Statutes, is created
52to read:
53     784.0815  Assault or battery on homeless persons.--
54     (1)  For purposes of this section, the term "homeless"
55shall have the same meaning as provided in s. 420.621.
56     (2)  A person who is convicted of an aggravated assault or
57aggravated battery upon a homeless person shall be sentenced to
58a minimum term of imprisonment of 3 years and fined not more
59than $10,000 and shall also be ordered by the sentencing judge
60to make restitution to the victim of the offense and to perform
61up to 500 hours of community service work. Restitution and
62community service work shall be in addition to any fine or
63sentence that may be imposed and shall not be in lieu thereof.
64     (3)  Whenever a person is charged with committing an
65assault or aggravated assault or a battery or aggravated battery
66upon a homeless person, regardless of whether he or she knows or
67has reason to know the housing status of the victim, the offense
68for which the person is charged shall be reclassified as
69follows:
70     (a)  In the case of aggravated battery, from a felony of
71the second degree to a felony of the first degree.
72     (b)  In the case of aggravated assault, from a felony of
73the third degree to a felony of the second degree.
74     (c)  In the case of battery, from a misdemeanor of the
75first degree to a felony of the third degree.
76     (d)  In the case of assault, from a misdemeanor of the
77second degree to a misdemeanor of the first degree.
78     (4)  Notwithstanding the provisions of s. 948.01,
79adjudication of guilt or imposition of sentence shall not be
80suspended, deferred, or withheld.
81     Section 4.  This act shall take effect October 1, 2006.


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