| 1 | A bill to be entitled |
| 2 | An act relating to public corruption; creating s. |
| 3 | 775.0876, F.S.; providing for the reclassification of |
| 4 | criminal offenses committed "under color of law"; |
| 5 | providing an effective date. |
| 6 |
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| 7 | Be It Enacted by the Legislature of the State of Florida: |
| 8 |
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| 9 | Section 1. Section 775.0876, Florida Statutes, is created |
| 10 | to read: |
| 11 | 775.0876 Offenses committed under color of law; |
| 12 | reclassification.-The penalty for any felony or misdemeanor |
| 13 | offense shall be reclassified if the commission of such offense |
| 14 | was furthered or facilitated by a person acting under color of |
| 15 | law. As used in this section, the term "under color of law" |
| 16 | means conduct based on public authority or position or the |
| 17 | assertion of such authority or position. |
| 18 | (1) The reclassification of the felony or misdemeanor is |
| 19 | as follows: |
| 20 | (a) A misdemeanor of the second degree is reclassified as |
| 21 | a misdemeanor of the first degree. |
| 22 | (b) A misdemeanor of the first degree is reclassified as a |
| 23 | felony of the third degree. |
| 24 | (c) A felony of the third degree is reclassified as a |
| 25 | felony of the second degree. |
| 26 | (d) A felony of the second degree is reclassified as a |
| 27 | felony of the first degree. |
| 28 | (e) A felony of the first degree is reclassified as a life |
| 29 | felony. |
| 30 | (2) For purposes of sentencing under chapter 921, a felony |
| 31 | offense that is reclassified under this section shall be ranked |
| 32 | one level above its ranking under s. 921.0022 or s. 921.0023. |
| 33 | (3) Reclassification does not apply if the underlying |
| 34 | misdemeanor or felony offense has conduct committed under color |
| 35 | of law as one of its necessary elements. |
| 36 | Section 2. This act shall take effect July 1, 2010. |