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