Florida Senate - 2017 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for SB 120 Ì610024fÎ610024 576-01960-17 Proposed Committee Substitute by the Committee on Appropriations (Appropriations Subcommittee on Criminal and Civil Justice) 1 A bill to be entitled 2 An act relating to offenses by aliens unlawfully 3 present in the United States; creating s. 775.0864, 4 F.S.; requiring specified offenses to be reclassified 5 if committed by such aliens; specifying the 6 reclassification of these offenses; specifying the 7 enhancement of the level of the ranking for purposes 8 of sentencing and gain-time eligibility; amending s. 9 921.0022, F.S.; revising references to offense 10 reclassification provisions to conform to changes made 11 by the act; providing an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Section 775.0864, Florida Statutes, is created 16 to read: 17 775.0864 Offenses against persons by unlawfully present 18 aliens; reclassification.— 19 (1) A violation of any of the following provisions must be 20 reclassified to the next higher degree, as provided in 21 subsection (2), if the offense is committed against a person in 22 this state by an alien, as defined in 8 U.S.C. s. 1101(a), who 23 is unlawfully present in the United States: 24 (a) Section 794.011, relating to sexual battery. 25 (b) Section 784.021(1)(a), relating to aggravated assault 26 with a deadly weapon. 27 (c) Section 782.04, relating to murder. 28 (d) Section 790.1615(2), relating to unlawful throwing, 29 placing, or discharging of a destructive device or bomb. 30 (e) Section 810.02(2)(b), relating to armed burglary. 31 (2) In the case of an offense identified in subsection (1): 32 (a) A felony of the third degree is reclassified to a 33 felony of the second degree. 34 (b) A felony of the second degree is reclassified to a 35 felony of the first degree. 36 (c) A felony of the first degree is reclassified to a life 37 felony. 38 39 For purposes of sentencing under chapter 921 and determining 40 incentive gain-time eligibility under chapter 944, a felony 41 offense that is reclassified under this subsection is ranked one 42 level above the ranking specified under s. 921.0022 or s. 43 921.0023 of the felony offense committed. 44 Section 2. Subsection (2) of section 921.0022, Florida 45 Statutes, is amended to read: 46 921.0022 Criminal Punishment Code; offense severity ranking 47 chart.— 48 (2) The offense severity ranking chart has 10 offense 49 levels, ranked from least severe, which are level 1 offenses, to 50 most severe, which are level 10 offenses, and each felony 51 offense is assigned to a level according to the severity of the 52 offense. For purposes of determining which felony offenses are 53 specifically listed in the offense severity ranking chart and 54 which severity level has been assigned to each of these 55 offenses, the numerical statutory references in the left column 56 of the chart and the felony degree designations in the middle 57 column of the chart are controlling; the language in the right 58 column of the chart is provided solely for descriptive purposes. 59 Reclassification of the degree of the felony through the 60 application of s. 775.0845, s. 775.085, s. 775.0861, s. 61 775.0862, s. 775.0863, s. 775.0864, s. 775.087, s. 775.0875, s. 62 794.023, or any other law that provides an enhanced penalty for 63 a felony offense, to any offense listed in the offense severity 64 ranking chart in this section shall not cause the offense to 65 become unlisted and is not subject to the provisions of s. 66 921.0023. 67 Section 3. This act shall take effect July 1, 2017.