House Bill 0183e1
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CS/HB 183, First Engrossed
1 A bill to be entitled
2 An act relating to sentencing; amending s.
3 775.085, F.S.; reclassifying penalties relating
4 to offenses evidencing prejudice; amending s.
5 794.023, F.S.; reclassifying offenses involving
6 multiple perpetrators of sexual battery;
7 providing an effective date.
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9 Be It Enacted by the Legislature of the State of Florida:
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11 Section 1. Paragraph (a) of subsection (1) of section
12 775.085, Florida Statutes, 1998 Supplement, is amended to
13 read:
14 775.085 Evidencing prejudice while committing offense;
15 reclassification enhanced penalties.--
16 (1)(a) The penalty for any felony or misdemeanor shall
17 be reclassified as provided in this subsection if the
18 commission of such felony or misdemeanor evidences prejudice
19 based on the race, color, ancestry, ethnicity, religion,
20 sexual orientation, national origin, mental or physical
21 disability, or advanced age of the victim:
22 1. A misdemeanor of the second degree is reclassified
23 to shall be punishable as if it were a misdemeanor of the
24 first degree.
25 2. A misdemeanor of the first degree is reclassified
26 to shall be punishable as if it were a felony of the third
27 degree.
28 3. A felony of the third degree is reclassified to
29 shall be punishable as if it were a felony of the second
30 degree.
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CS/HB 183, First Engrossed
1 4. A felony of the second degree is reclassified to
2 shall be punishable as if it were a felony of the first
3 degree.
4 5. A felony of the first degree is reclassified to
5 shall be punishable as if it were a life felony.
6 Section 2. Section 794.023, Florida Statutes, as
7 amended by chapter 97-194, Laws of Florida, is amended to
8 read:
9 794.023 Sexual battery by multiple perpetrators;
10 reclassification of offenses enhanced penalties.--
11 (1) The Legislature finds that an act of sexual
12 battery, when committed by more than one person, presents a
13 great danger to the public and is extremely offensive to
14 civilized society. It is therefore the intent of the
15 Legislature to reclassify offenses provide enhanced penalties
16 for acts of sexual battery committed by more than one person.
17 (2) The penalty for A violation of s. 794.011 shall be
18 reclassified increased as provided in this subsection if it is
19 charged and proven by the prosecution that, during the same
20 criminal transaction or episode, more than one person
21 committed an act of sexual battery on the same victim.
22 (a) A felony of the second degree is reclassified to
23 shall be punishable as if it were a felony of the first
24 degree.
25 (b) A felony of the first degree is reclassified to
26 shall be punishable as if it were a life felony.
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28 This subsection does not apply to life felonies or capital
29 felonies. For purposes of sentencing under chapter 921 and
30 determining incentive gain-time eligibility under chapter 944,
31 a felony offense that is reclassified under this subsection is
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CODING: Words stricken are deletions; words underlined are additions.
CS/HB 183, First Engrossed
1 ranked one level above the ranking under s. 921.0022 or s.
2 921.0023 of the offense committed.
3 Section 3. This act shall take effect July 1, 1999.
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