1 | A bill to be entitled |
2 | An act relating to homeless persons; amending s. 775.085, |
3 | F.S.; reclassifying offenses evidencing prejudice based on |
4 | the homeless status of the victim; creating s. 784.0815, |
5 | F.S.; providing a definition; providing a minimum sentence |
6 | and other penalties for a person convicted of an |
7 | aggravated assault or aggravated battery upon a homeless |
8 | person; requiring the inclusion of housing status in |
9 | certain crime reports; requiring reporting of such data; |
10 | creating s. 943.17165, F.S.; requiring the Department of |
11 | Law Enforcement to develop a telecourse concerning hate |
12 | crimes against homeless persons; requiring the department |
13 | to consult subject matter experts for the development of |
14 | the telecourse; requiring the department to develop a |
15 | protocol that law enforcement personnel are required to |
16 | follow concerning such offenses; requiring that crime |
17 | prevention activities incorporate the protection of the |
18 | homeless population; amending s. 1003.42, F.S.; requiring |
19 | public school instruction in homelessness; requiring the |
20 | Office of Program Policy Analysis and Government |
21 | Accountability to conduct a study into the nature and |
22 | scope of hate crimes or violent crimes that occur against |
23 | homeless persons; requiring a report and recommendations |
24 | by a specified date; providing effective dates. |
25 |
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26 | Be It Enacted by the Legislature of the State of Florida: |
27 |
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28 | Section 1. Subsection (1) of section 775.085, Florida |
29 | Statutes, is amended to read: |
30 | 775.085 Evidencing prejudice while committing offense; |
31 | reclassification.-- |
32 | (1)(a) The penalty for any felony or misdemeanor shall be |
33 | reclassified as provided in this subsection if the commission of |
34 | such felony or misdemeanor evidences prejudice based on the |
35 | race, color, ancestry, ethnicity, religion, sexual orientation, |
36 | national origin, homeless status, mental or physical disability, |
37 | or advanced age of the victim: |
38 | 1. A misdemeanor of the second degree is reclassified to a |
39 | misdemeanor of the first degree. |
40 | 2. A misdemeanor of the first degree is reclassified to a |
41 | felony of the third degree. |
42 | 3. A felony of the third degree is reclassified to a |
43 | felony of the second degree. |
44 | 4. A felony of the second degree is reclassified to a |
45 | felony of the first degree. |
46 | 5. A felony of the first degree is reclassified to a life |
47 | felony. |
48 | (b) As used in paragraph (a), the term: |
49 | 1. "Mental or physical disability" means that the victim |
50 | suffers from a condition of physical or mental incapacitation |
51 | due to a developmental disability, organic brain damage, or |
52 | mental illness, and has one or more physical or mental |
53 | limitations that restrict the victim's ability to perform the |
54 | normal activities of daily living. |
55 | 2. "Advanced age" means that the victim is older than 65 |
56 | years of age. |
57 | 3. "Homeless status" means that the victim is homeless as |
58 | the term is defined in s. 420.621. |
59 | Section 2. Section 784.0815, Florida Statutes, is created |
60 | to read: |
61 | 784.0815 Assault or battery on homeless persons.-- |
62 | (1) For purposes of this section, the term "homeless" |
63 | shall have the same meaning as provided in s. 420.621. |
64 | (2) A person who is convicted of an aggravated assault or |
65 | aggravated battery upon a homeless person shall be sentenced to |
66 | a minimum term of imprisonment of 3 years and fined not more |
67 | than $10,000 and shall also be ordered by the sentencing judge |
68 | to make restitution to the victim of the offense and to perform |
69 | up to 500 hours of community service work. Restitution and |
70 | community service work shall be in addition to any fine or |
71 | sentence that may be imposed and shall not be in lieu thereof. |
72 | Notwithstanding the provisions of s. 948.01, adjudication of |
73 | guilt or imposition of sentence shall not be suspended, |
74 | deferred, or withheld. |
75 | Section 3. Housing status data collection.--Housing status |
76 | shall be included with crime reports that are to be included in |
77 | the uniform crime reporting data maintained by the Department of |
78 | Law Enforcement. The requirements for reporting this data shall |
79 | be developed by the department with the assistance of the |
80 | National Coalition for the Homeless, the National Law Center on |
81 | Homelessness & Poverty, and criminal justice professionals. |
82 | Throughout the state, law enforcement officers shall collect |
83 | housing status information from victims and suspects whenever |
84 | the collection of such information is appropriate. The |
85 | Department of Law Enforcement shall provide a summary report of |
86 | this data to the National Coalition for the Homeless and to |
87 | appropriate state agencies. |
88 | Section 4. Section 943.17165, Florida Statutes, is created |
89 | to read: |
90 | 943.17165 Hate crimes against homeless persons; course; |
91 | protocols; activities.-- |
92 | (1)(a) The department shall develop a telecourse on the |
93 | plight of homeless persons that shall be made available to all |
94 | law enforcement agencies in the state. Every state, local, and |
95 | correctional law enforcement agency shall certify that each of |
96 | its officers has taken the course. The telecourse shall address |
97 | crimes against homeless persons and methods of dealing |
98 | effectively and humanely with homeless persons. The course shall |
99 | include instruction on each of the following topics: |
100 | 1. Information about homelessness, including causes of |
101 | homelessness, its impact, and solutions to homelessness. |
102 | 2. Indicators of hate crimes. |
103 | 3. The impact of these crimes on the victim, the victim's |
104 | family, and the community. |
105 | 4. The assistance and compensation available to victims. |
106 | 5. The laws dealing with hate crimes and the legal rights |
107 | of, and the remedies available to, victims of hate crimes. |
108 | 6. Law enforcement procedures, reporting, and |
109 | documentation of hate crimes. |
110 | 7. Techniques and methods to handle incidents of hate |
111 | crimes. |
112 | 8. The special problems inherent in hates crimes against |
113 | homeless persons and techniques on how to deal with these |
114 | special problems. |
115 | (b) In developing the telecourse, the department shall |
116 | consult subject matter experts, including, but not limited to, |
117 | the following: |
118 | 1. Homeless and formerly homeless individuals. |
119 | 2. The National Coalition for the Homeless and the |
120 | National Law Center on Homelessness & Poverty. |
121 | 3. Other local service providers and advocates for |
122 | homeless people. |
123 | 4. Experts on the disabilities homeless persons commonly |
124 | experience. |
125 | 5. Law enforcement agencies with experience investigating |
126 | hate crimes against homeless people. |
127 | (c) The department shall develop a protocol relating to |
128 | hate crimes against homeless persons that law enforcement |
129 | personnel are required to follow, including, but not limited to, |
130 | the following: |
131 | 1. Preventing likely hate crimes by, among other things, |
132 | establishing contact with persons and communities that are |
133 | likely targets and forming community hate crime prevention and |
134 | response networks and cooperating with such networks. |
135 | 2. Responding to reports of hate crimes, including reports |
136 | of hate crimes committed under color of legal authority. |
137 | 3. Providing victim assistance and follow up, including |
138 | community follow up. |
139 | 4. Reporting methods and procedures to track hate crimes |
140 | against homeless persons. |
141 | (2) Crime prevention activities shall incorporate the |
142 | protection of the homeless population. |
143 | Section 5. Paragraph (u) is added to subsection (2) of |
144 | section 1003.42, Florida Statutes, to read: |
145 | 1003.42 Required instruction.-- |
146 | (2) Members of the instructional staff of the public |
147 | schools, subject to the rules of the State Board of Education |
148 | and the district school board, shall teach efficiently and |
149 | faithfully, using the books and materials required that meet the |
150 | highest standards for professionalism and historic accuracy, |
151 | following the prescribed courses of study, and employing |
152 | approved methods of instruction, the following: |
153 | (u) The subject of homelessness, which shall be covered in |
154 | ways such as expanding the Miami-Dade County Public Schools' "It |
155 | could happen to you" curriculum on homelessness statewide and |
156 | using the Faces of Homelessness Speakers' Bureau program of the |
157 | National Coalition for the Homeless. |
158 |
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159 | The State Board of Education is encouraged to adopt standards |
160 | and pursue assessment of the requirements of this subsection. |
161 | Section 6. Effective July 1, 2009, the Office of Program |
162 | Policy Analysis and Government Accountability shall conduct a |
163 | study into the nature and scope of hate crimes or violent crimes |
164 | that are committed against people experiencing homelessness. |
165 | (1) The study shall include the following information |
166 | concerning such crimes: |
167 | (a) The causes of such hate crimes and violence. |
168 | (b) The circumstances that contribute to or were |
169 | responsible for the perpetrators' behavior. |
170 | (c) Beliefs held by the perpetrators of these crimes and |
171 | any changes in those beliefs after conviction. |
172 | (2) The study's findings and any specific recommendations |
173 | for legislation or government policy that might reduce the |
174 | number of hate crimes and violent crimes committed against |
175 | homeless persons shall be submitted to the Governor, the |
176 | President of the Senate, and the Speaker of the House of |
177 | Representatives by December 31, 2009. |
178 | Section 7. Except as otherwise expressly provided in this |
179 | act, this act shall take effect October 1, 2009. |