Florida Senate - 2017                                    SB 1512
       
       
        
       By Senator Rader
       
       
       
       
       
       29-01609-17                                           20171512__
    1                        A bill to be entitled                      
    2         An act relating to crimes evidencing prejudice;
    3         amending s. 775.085, F.S.; requiring grounds for
    4         reclassification of crimes to include prejudice based
    5         on the gender or gender identity of the victim;
    6         defining the term “gender identity”; amending s.
    7         775.0863, F.S.; requiring grounds for reclassification
    8         of crimes to include prejudice based on a disability
    9         of the victim; revising the definition of the term
   10         “disability”; reenacting s. 921.0022(2), F.S.,
   11         relating to the Criminal Punishment Code and the
   12         offense severity ranking chart, to incorporate the
   13         amendments made to ss. 775.085 and 775.0863, F.S., in
   14         references thereto; providing an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Subsection (1) of section 775.085, Florida
   19  Statutes, is amended to read:
   20         775.085 Evidencing prejudice while committing offense;
   21  reclassification.—
   22         (1)(a) The penalty for any felony or misdemeanor shall be
   23  reclassified as provided in this subsection if the commission of
   24  such felony or misdemeanor evidences prejudice in whole or in
   25  part based on the race, color, ancestry, ethnicity, religion,
   26  sexual orientation, national origin, homeless status, or
   27  advanced age, gender, or gender identity of the victim:
   28         1. A misdemeanor of the second degree is reclassified to a
   29  misdemeanor of the first degree.
   30         2. A misdemeanor of the first degree is reclassified to a
   31  felony of the third degree.
   32         3. A felony of the third degree is reclassified to a felony
   33  of the second degree.
   34         4. A felony of the second degree is reclassified to a
   35  felony of the first degree.
   36         5. A felony of the first degree is reclassified to a life
   37  felony.
   38         (b) As used in paragraph (a), the term:
   39         1. “Advanced age” means that the victim is older than 65
   40  years of age.
   41         2. “Gender identity” means the victim’s internal sense of
   42  being male, female, or a combination of both. A victim’s
   43  internal sense of gender may be different from the victim’s
   44  gender determined at birth.
   45         3.2. “Homeless status” means that the victim:
   46         a. Lacks a fixed, regular, and adequate nighttime
   47  residence; or
   48         b. Has a primary nighttime residence that is:
   49         (I) A supervised publicly or privately operated shelter
   50  designed to provide temporary living accommodations; or
   51         (II) A public or private place not designed for, or
   52  ordinarily used as, a regular sleeping accommodation for human
   53  beings.
   54         Section 2. Subsection (1) of section 775.0863, Florida
   55  Statutes, is amended to read:
   56         775.0863 Evidencing prejudice while committing offense
   57  against person with mental or physical disability;
   58  reclassification.—
   59         (1)(a) The penalty for any felony or misdemeanor shall be
   60  reclassified as provided in this subsection if the commission of
   61  such felony or misdemeanor evidences prejudice in whole or in
   62  part based on a mental or physical disability of the victim:
   63         1. A misdemeanor of the second degree is reclassified to a
   64  misdemeanor of the first degree.
   65         2. A misdemeanor of the first degree is reclassified to a
   66  felony of the third degree.
   67         3. A felony of the third degree is reclassified to a felony
   68  of the second degree.
   69         4. A felony of the second degree is reclassified to a
   70  felony of the first degree.
   71         5. A felony of the first degree is reclassified to a life
   72  felony.
   73         (b) As used in paragraph (a), the term “disability” “mental
   74  or physical disability” means a physical or mental impairment
   75  that substantially limits a person’s ability to perform one or
   76  more major life activities a condition of mental or physical
   77  incapacitation due to a developmental disability, organic brain
   78  damage, or mental illness, and one or more mental or physical
   79  limitations that restrict a person’s ability to perform the
   80  normal activities of daily living.
   81         Section 3. For the purpose of incorporating the amendments
   82  made by this act to sections 775.085 and 775.0863, Florida
   83  Statutes, in references thereto, subsection (2) of section
   84  921.0022, Florida Statutes, is reenacted to read:
   85         921.0022 Criminal Punishment Code; offense severity ranking
   86  chart.—
   87         (2) The offense severity ranking chart has 10 offense
   88  levels, ranked from least severe, which are level 1 offenses, to
   89  most severe, which are level 10 offenses, and each felony
   90  offense is assigned to a level according to the severity of the
   91  offense. For purposes of determining which felony offenses are
   92  specifically listed in the offense severity ranking chart and
   93  which severity level has been assigned to each of these
   94  offenses, the numerical statutory references in the left column
   95  of the chart and the felony degree designations in the middle
   96  column of the chart are controlling; the language in the right
   97  column of the chart is provided solely for descriptive purposes.
   98  Reclassification of the degree of the felony through the
   99  application of s. 775.0845, s. 775.085, s. 775.0861, s.
  100  775.0862, s. 775.0863, s. 775.087, s. 775.0875, s. 794.023, or
  101  any other law that provides an enhanced penalty for a felony
  102  offense, to any offense listed in the offense severity ranking
  103  chart in this section shall not cause the offense to become
  104  unlisted and is not subject to the provisions of s. 921.0023.
  105         Section 4. This act shall take effect July 1, 2017.