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