CS/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; providing an effective
6date.
7
8Be It Enacted by the Legislature of the State of Florida:
9
10     Section 1.  Subsection (1) of section 775.085, Florida
11Statutes, is amended to read:
12     775.085  Evidencing prejudice while committing offense;
13reclassification.--
14     (1)(a)  The penalty for any felony or misdemeanor shall be
15reclassified as provided in this subsection if the commission of
16such felony or misdemeanor evidences prejudice based on the
17race, color, ancestry, ethnicity, religion, sexual orientation,
18national origin, homeless status, mental or physical disability,
19or advanced age of the victim:
20     1.  A misdemeanor of the second degree is reclassified to a
21misdemeanor of the first degree.
22     2.  A misdemeanor of the first degree is reclassified to a
23felony of the third degree.
24     3.  A felony of the third degree is reclassified to a
25felony of the second degree.
26     4.  A felony of the second degree is reclassified to a
27felony of the first degree.
28     5.  A felony of the first degree is reclassified to a life
29felony.
30     (b)  As used in paragraph (a), the term:
31     1.  "Mental or physical disability" means that the victim
32suffers from a condition of physical or mental incapacitation
33due to a developmental disability, organic brain damage, or
34mental illness, and has one or more physical or mental
35limitations that restrict the victim's ability to perform the
36normal activities of daily living.
37     2.  "Advanced age" means that the victim is older than 65
38years of age.
39     3.  "Homeless status" means that the victim is homeless as
40the term is defined in s. 420.621.
41     Section 2.  This act shall take effect October 1, 2007.


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