| 1 | The Justice Council recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to assault or battery on homeless persons; |
| 7 | amending s. 775.085, F.S.; reclassifying offenses |
| 8 | evidencing prejudice based on the homeless status of the |
| 9 | victim; creating s. 784.0815, F.S.; providing a |
| 10 | definition; providing a minimum sentence and other |
| 11 | penalties for a person convicted of an aggravated assault |
| 12 | or aggravated battery upon a homeless person; providing an |
| 13 | effective date. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 17 | Section 1. Subsection (1) of section 775.085, Florida |
| 18 | Statutes, is amended to read: |
| 19 | 775.085 Evidencing prejudice while committing offense; |
| 20 | reclassification.-- |
| 21 | (1)(a) The penalty for any felony or misdemeanor shall be |
| 22 | reclassified as provided in this subsection if the commission of |
| 23 | such felony or misdemeanor evidences prejudice based on the |
| 24 | race, color, ancestry, ethnicity, religion, sexual orientation, |
| 25 | national origin, homeless status, mental or physical disability, |
| 26 | or advanced age of the victim: |
| 27 | 1. A misdemeanor of the second degree is reclassified to a |
| 28 | misdemeanor of the first degree. |
| 29 | 2. A misdemeanor of the first degree is reclassified to a |
| 30 | felony of the third degree. |
| 31 | 3. A felony of the third degree is reclassified to a |
| 32 | felony of the second degree. |
| 33 | 4. A felony of the second degree is reclassified to a |
| 34 | felony of the first degree. |
| 35 | 5. A felony of the first degree is reclassified to a life |
| 36 | felony. |
| 37 | (b) As used in paragraph (a), the term: |
| 38 | 1. "Mental or physical disability" means that the victim |
| 39 | suffers from a condition of physical or mental incapacitation |
| 40 | due to a developmental disability, organic brain damage, or |
| 41 | mental illness, and has one or more physical or mental |
| 42 | limitations that restrict the victim's ability to perform the |
| 43 | normal activities of daily living. |
| 44 | 2. "Advanced age" means that the victim is older than 65 |
| 45 | years of age. |
| 46 | 3. "Homeless status" means that the victim is homeless as |
| 47 | the term is defined in s. 420.621. |
| 48 | Section 2. Section 784.0815, Florida Statutes, is created |
| 49 | to read: |
| 50 | 784.0815 Assault or battery on homeless persons.-- |
| 51 | (1) For purposes of this section, the term "homeless" |
| 52 | shall have the same meaning as provided in s. 420.621. |
| 53 | (2) A person who is convicted of an aggravated assault or |
| 54 | aggravated battery upon a homeless person shall be sentenced to |
| 55 | a minimum term of imprisonment of 3 years and fined not more |
| 56 | than $10,000 and shall also be ordered by the sentencing judge |
| 57 | to make restitution to the victim of the offense and to perform |
| 58 | up to 500 hours of community service work. Restitution and |
| 59 | community service work shall be in addition to any fine or |
| 60 | sentence that may be imposed and shall not be in lieu thereof. |
| 61 | Notwithstanding the provisions of s. 948.01, adjudication of |
| 62 | guilt or imposition of sentence shall not be suspended, |
| 63 | deferred, or withheld. |
| 64 | Section 3. This act shall take effect October 1, 2006. |