HB 11

1
A bill to be entitled
2An act relating to assault or battery on homeless persons;
3amending s. 775.085, F.S.; reclassifying offenses
4evidencing prejudice based on the homeless status of the
5victim; providing a definition; creating s. 784.0815,
6F.S.; providing a definition; providing a minimum sentence
7and other penalties for a person convicted of an
8aggravated assault or aggravated battery upon a homeless
9person; providing an effective date.
10
11Be It Enacted by the Legislature of the State of Florida:
12
13     Section 1.  Subsection (1) of section 775.085, Florida
14Statutes, is amended to read:
15     775.085  Evidencing prejudice while committing offense;
16reclassification.--
17     (1)(a)  The penalty for any felony or misdemeanor shall be
18reclassified as provided in this subsection if the commission of
19such felony or misdemeanor evidences prejudice based on the
20race, color, ancestry, ethnicity, religion, sexual orientation,
21national origin, homeless status, mental or physical disability,
22or advanced age of the victim:
23     1.  A misdemeanor of the second degree is reclassified to a
24misdemeanor of the first degree.
25     2.  A misdemeanor of the first degree is reclassified to a
26felony of the third degree.
27     3.  A felony of the third degree is reclassified to a
28felony of the second degree.
29     4.  A felony of the second degree is reclassified to a
30felony of the first degree.
31     5.  A felony of the first degree is reclassified to a life
32felony.
33     (b)  As used in paragraph (a), the term:
34     1.  "Mental or physical disability" means that the victim
35suffers from a condition of physical or mental incapacitation
36due to a developmental disability, organic brain damage, or
37mental illness, and has one or more physical or mental
38limitations that restrict the victim's ability to perform the
39normal activities of daily living.
40     2.  "Advanced age" means that the victim is older than 65
41years of age.
42     3.  "Homeless status" means that the victim is homeless as
43the term is defined in s. 420.621.
44     Section 2.  Section 784.0815, Florida Statutes, is created
45to read:
46     784.0815  Assault or battery on homeless persons.--
47     (1)  For purposes of this section, the term "homeless"
48shall have the same meaning as provided in s. 420.621.
49     (2)  A person who is convicted of an aggravated assault or
50aggravated battery upon a homeless person shall be sentenced to
51a minimum term of imprisonment of 3 years and fined not more
52than $10,000 and shall also be ordered by the sentencing judge
53to make restitution to the victim of the offense and to perform
54up to 500 hours of community service work. Restitution and
55community service work shall be in addition to any fine or
56sentence that may be imposed and shall not be in lieu thereof.
57Notwithstanding the provisions of s. 948.01, adjudication of
58guilt or imposition of sentence shall not be suspended,
59deferred, or withheld.
60     Section 3.  This act shall take effect October 1, 2007.


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