| 1 | A bill to be entitled |
| 2 | An act relating to offenses on the grounds of religious |
| 3 | institutions; amending s. 775.0861, F.S.; deleting the |
| 4 | definition of "religious service"; providing for the |
| 5 | reclassification the crimes of theft and burglary |
| 6 | committed on the grounds of religious institutions; |
| 7 | deleting the requirement that the section apply only to |
| 8 | crimes committed against a person while the victim is on |
| 9 | the property for the purpose of participating in or |
| 10 | attending a religious service; providing an effective |
| 11 | date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Section 775.0861, Florida Statutes, is amended |
| 16 | to read: |
| 17 | 775.0861 Certain offenses against persons on the grounds |
| 18 | of religious institutions; reclassification.- |
| 19 | (1) For purposes of this section, the term: |
| 20 | (a) "religious institution" is as defined in s. 496.404. |
| 21 | (b) "Religious service" is a religious ceremony, prayer, |
| 22 | or other activity according to a form and order prescribed for |
| 23 | worship, including a service related to a particular occasion. |
| 24 | (2) The felony or misdemeanor degree of any violation of: |
| 25 | (a) Section 784.011, relating to assault; |
| 26 | (b) Section 784.021, relating to aggravated assault; |
| 27 | (c) Section 784.03, relating to battery; |
| 28 | (d) Section 784.041, relating to felony battery; |
| 29 | (e) Section 810.02, relating to burglary; |
| 30 | (f) Section 812.014, relating to theft; |
| 31 | (g)(e) A statute defining any offense listed in s. |
| 32 | 775.084(1)(b)1.; or |
| 33 | (h)(f) Any other statute defining an offense that involves |
| 34 | the use or threat of physical force or violence against any |
| 35 | individual |
| 36 |
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| 37 | shall be reclassified as provided in this section if the offense |
| 38 | is committed on the property of a religious institution while |
| 39 | the victim is on the property for the purpose of participating |
| 40 | in or attending a religious service. |
| 41 | (3)(a) In the case of a misdemeanor of the second degree, |
| 42 | the offense is reclassified to a misdemeanor of the first |
| 43 | degree. |
| 44 | (b) In the case of a misdemeanor of the first degree, the |
| 45 | offense is reclassified to a felony of the third degree. For |
| 46 | purposes of sentencing under chapter 921, such offense is ranked |
| 47 | in level 2 of the offense severity ranking chart. |
| 48 | (c) In the case of a felony of the third degree, the |
| 49 | offense is reclassified to a felony of the second degree. |
| 50 | (d) In the case of a felony of the second degree, the |
| 51 | offense is reclassified to a felony of the first degree. |
| 52 | (e) In the case of a felony of the first degree, the |
| 53 | offense is reclassified to a life felony. |
| 54 |
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| 55 | For purposes of sentencing under chapter 921 and determining |
| 56 | incentive gain-time eligibility under chapter 944, a felony |
| 57 | offense that is reclassified under this subsection is ranked one |
| 58 | level above the ranking under s. 921.0022 or s. 921.0023 of the |
| 59 | offense committed. |
| 60 | Section 2. This act shall take effect July 1, 2010. |