Senate Bill sb1458c1

    Florida Senate - 2007                           CS for SB 1458

    By the Committee on Judiciary; and Senators Joyner and Lynn





    590-2227-07

  1                      A bill to be entitled

  2         An act relating to criminal offenses against

  3         homeless persons; amending s. 775.085, F.S.;

  4         reclassifying offenses evidencing prejudice

  5         based on the homeless status of the victim;

  6         providing a definition; providing an effective

  7         date.

  8  

  9  Be It Enacted by the Legislature of the State of Florida:

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11         Section 1.  Subsection (1) of section 775.085, Florida

12  Statutes, is amended to read:

13         775.085  Evidencing prejudice while committing offense;

14  reclassification.--

15         (1)(a)  The penalty for any felony or misdemeanor shall

16  be reclassified as provided in this subsection if the

17  commission of such felony or misdemeanor evidences prejudice

18  based on the race, color, ancestry, ethnicity, religion,

19  sexual orientation, national origin, homeless status, mental

20  or physical disability, or advanced age of the victim:

21         1.  A misdemeanor of the second degree is reclassified

22  to a misdemeanor of the first degree.

23         2.  A misdemeanor of the first degree is reclassified

24  to a felony of the third degree.

25         3.  A felony of the third degree is reclassified to a

26  felony of the second degree.

27         4.  A felony of the second degree is reclassified to a

28  felony of the first degree.

29         5.  A felony of the first degree is reclassified to a

30  life felony.

31         (b)  As used in paragraph (a), the term:

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






    Florida Senate - 2007                           CS for SB 1458
    590-2227-07




 1         1.  "Mental or physical disability" means that the

 2  victim suffers from a condition of physical or mental

 3  incapacitation due to a developmental disability, organic

 4  brain damage, or mental illness, and has one or more physical

 5  or mental limitations that restrict the victim's ability to

 6  perform the normal activities of daily living.

 7         2.  "Advanced age" means that the victim is older than

 8  65 years of age.

 9         3.  "Homeless status" means that the victim is homeless

10  as the term is defined in s. 420.621.

11         Section 2.  This act shall take effect October 1, 2007.

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13          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
14                             SB 1458

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16  The committee substitute removes section 2 of the bill, which
    provided for a minimum mandatory sentence, as well as fines,
17  restitution, and community service, for a person convicted of
    an aggravated assault or aggravated battery upon a homeless
18  person.

19  It renames the bill "an act relating to criminal offenses
    against homeless persons."
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CODING: Words stricken are deletions; words underlined are additions.