Florida Senate - 2017                                    SB 1498
       
       
        
       By Senator Rader
       
       
       
       
       
       29-01611A-17                                          20171498__
    1                        A bill to be entitled                      
    2         An act relating to reclassification of crimes
    3         committed against certain victims; amending s.
    4         775.085, F.S.; requiring the reclassification of
    5         crimes evidencing prejudice, in whole or in part,
    6         based on gender, among other factors; amending s.
    7         775.0863, F.S.; requiring the reclassification of
    8         crimes evidencing prejudice, in whole or in part,
    9         based on a disability of the victim; revising the term
   10         “mental or physical disability”; creating s. 775.0864,
   11         F.S.; requiring the reclassification of crimes if a
   12         person intentionally selects and commits a crime
   13         against a first responder, correctional or
   14         correctional probation officer, state attorney or
   15         assistant state attorney, or justice or judge;
   16         providing for a civil cause of action under certain
   17         circumstances for treble damages, an injunction, or
   18         other relief; providing for the recovery of attorney
   19         fees and court costs; providing that knowledge by the
   20         defendant that the victim worked in a certain
   21         occupation is an essential element for the
   22         reclassification of the offense; amending s. 921.0022,
   23         F.S.; conforming a provision to changes made by the
   24         act; providing an effective date.
   25          
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Paragraph (a) of subsection (1) of section
   29  775.085, Florida 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, in whole or in
   35  part, based on the race, color, ancestry, ethnicity, religion,
   36  sexual orientation, national origin, homeless status, or
   37  advanced age, or gender 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 felony
   43  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         Section 2. Subsection (1) of section 775.0863, Florida
   49  Statutes, is amended to read:
   50         775.0863 Evidencing prejudice while committing offense
   51  against person with mental or physical disability;
   52  reclassification.—
   53         (1)(a) The penalty for any felony or misdemeanor shall be
   54  reclassified as provided in this subsection if the commission of
   55  such felony or misdemeanor evidences prejudice, in whole or in
   56  part, based on a mental or physical disability of the victim:
   57         1. A misdemeanor of the second degree is reclassified to a
   58  misdemeanor of the first degree.
   59         2. A misdemeanor of the first degree is reclassified to a
   60  felony of the third degree.
   61         3. A felony of the third degree is reclassified to a felony
   62  of the second degree.
   63         4. A felony of the second degree is reclassified to a
   64  felony of the first degree.
   65         5. A felony of the first degree is reclassified to a life
   66  felony.
   67         (b) As used in paragraph (a), the term “mental or physical
   68  disability” means the victim has a physical or mental impairment
   69  that substantially limits one or more major life activities a
   70  condition of mental or physical incapacitation due to a
   71  developmental disability, organic brain damage, or mental
   72  illness, and one or more mental or physical limitations that
   73  restrict a person’s ability to perform the normal activities of
   74  daily living.
   75         (2) A person or organization that establishes by clear and
   76  convincing evidence that it has been coerced, intimidated, or
   77  threatened in violation of this section has a civil cause of
   78  action for treble damages, an injunction, or any other
   79  appropriate relief in law or in equity. Upon prevailing in such
   80  civil action, the plaintiff may recover reasonable attorney fees
   81  and costs.
   82         (3) It is an essential element of this section that the
   83  record reflect that the defendant perceived, knew, or had
   84  reasonable grounds to know or perceive that the victim was
   85  within the class delineated in this section.
   86         Section 3. Section 775.0864, Florida Statutes, is created
   87  to read:
   88         775.0864 Intentionally selecting first responder,
   89  correctional officer, correctional probation officer, state
   90  attorney, assistant state attorney, justice, or judge for
   91  offense; reclassification.—
   92         (1)The penalty for a felony or misdemeanor offense shall
   93  be reclassified for a person who intentionally selects and
   94  commits a crime against a first responder as defined in s.
   95  112.1815, a correctional officer or a correctional probation
   96  officer as defined in s. 943.10, a state attorney elected
   97  pursuant to s. 27.01, an assistant state attorney appointed
   98  under s. 27.181, or a justice or judge of a court described in
   99  Art. V of the State Constitution, as follows:
  100         (a) A misdemeanor of the second degree is reclassified to a
  101  misdemeanor of the first degree.
  102         (b) A misdemeanor of the first degree is reclassified to a
  103  felony of the third degree.
  104         (c) A felony of the third degree is reclassified to a
  105  felony of the second degree.
  106         (d) A felony of the second degree is reclassified to a
  107  felony of the first degree.
  108         (e) A felony of the first degree is reclassified to a life
  109  felony.
  110         (2) A person who establishes by clear and convincing
  111  evidence that he or she has been coerced, intimidated, or
  112  threatened in violation of this section has a civil cause of
  113  action for treble damages, an injunction, or any other
  114  appropriate relief in law or in equity. Upon prevailing in such
  115  civil action, the plaintiff may recover reasonable attorney fees
  116  and court costs.
  117         (3) It is an essential element for the reclassification of
  118  an offense under this section that the record reflect that the
  119  defendant knew, or had reasonable grounds to know, that the
  120  victim was a first responder, correctional officer, correctional
  121  probation officer, state attorney, assistant state attorney,
  122  justice, or judge.
  123         Section 4. Subsection (2) of section 921.0022, Florida
  124  Statutes, is amended to read:
  125         921.0022 Criminal Punishment Code; offense severity ranking
  126  chart.—
  127         (2) The offense severity ranking chart has 10 offense
  128  levels, ranked from least severe, which are level 1 offenses, to
  129  most severe, which are level 10 offenses, and each felony
  130  offense is assigned to a level according to the severity of the
  131  offense. For purposes of determining which felony offenses are
  132  specifically listed in the offense severity ranking chart and
  133  which severity level has been assigned to each of these
  134  offenses, the numerical statutory references in the left column
  135  of the chart and the felony degree designations in the middle
  136  column of the chart are controlling; the language in the right
  137  column of the chart is provided solely for descriptive purposes.
  138  Reclassification of the degree of the felony through the
  139  application of s. 775.0845, s. 775.085, s. 775.0861, s.
  140  775.0862, s. 775.0863, s. 775.0864, s. 775.087, s. 775.0875, s.
  141  794.023, or any other law that provides an enhanced penalty for
  142  a felony offense, to any offense listed in the offense severity
  143  ranking chart in this section shall not cause the offense to
  144  become unlisted and is not subject to the provisions of s.
  145  921.0023.
  146         Section 5. This act shall take effect October 1, 2017.