HB 0809CS

CHAMBER ACTION




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


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