Florida Senate - 2017                                     SB 120
       By Senator Hutson
       7-00144A-17                                            2017120__
    1                        A bill to be entitled                      
    2         An act relating to offenses by aliens unlawfully
    3         present in the United States; creating s. 775.0864,
    4         F.S.; requiring specified offenses to be reclassified
    5         if committed by such aliens; specifying the
    6         reclassification of these offenses; specifying the
    7         enhancement of the level of the ranking for purposes
    8         of sentencing and gain-time eligibility; amending s.
    9         921.0022, F.S.; revising references to offense
   10         reclassification provisions to conform to changes made
   11         by the act; providing an effective date.
   13  Be It Enacted by the Legislature of the State of Florida:
   15         Section 1. Section 775.0864, Florida Statutes, is created
   16  to read:
   17         775.0864 Offenses against persons by unlawfully present
   18  aliens; reclassification.—
   19         (1) A violation of any of the following provisions must be
   20  reclassified to the next higher degree, as provided in
   21  subsection (2), if the offense is committed against a person in
   22  this state by an alien, as defined in 8 U.S.C. s. 1101(a), who
   23  is unlawfully present in the United States:
   24         (a) Section 784.011, relating to assault.
   25         (b) Section 784.021, relating to aggravated assault.
   26         (c) Section 784.03, relating to battery.
   27         (d) Section 784.041, relating to felony battery.
   28         (e) A statute defining any offense listed in s.
   29  775.084(1)(b)1.
   30         (f) A statute defining any offense that involves the use or
   31  threat of physical force or violence against another person.
   32         (2) In the case of an offense identified in subsection (1):
   33         (a)A misdemeanor of the second degree is reclassified to a
   34  misdemeanor of the first degree.
   35         (b) A misdemeanor of the first degree is reclassified to a
   36  felony of the third degree. For purposes of sentencing under
   37  chapter 921, such offense is ranked in level 2 of the offense
   38  severity ranking chart.
   39         (c) A felony of the third degree is reclassified to a
   40  felony of the second degree.
   41         (d) A felony of the second degree is reclassified to a
   42  felony of the first degree.
   43         (e) A felony of the first degree is reclassified to a life
   44  felony.
   46  For purposes of sentencing under chapter 921 and determining
   47  incentive gain-time eligibility under chapter 944, a felony
   48  offense that is reclassified under this subsection is ranked one
   49  level above the ranking specified under s. 921.0022 or s.
   50  921.0023 of the felony offense committed.
   51         Section 2. Subsection (2) of section 921.0022, Florida
   52  Statutes, is amended to read:
   53         921.0022 Criminal Punishment Code; offense severity ranking
   54  chart.—
   55         (2) The offense severity ranking chart has 10 offense
   56  levels, ranked from least severe, which are level 1 offenses, to
   57  most severe, which are level 10 offenses, and each felony
   58  offense is assigned to a level according to the severity of the
   59  offense. For purposes of determining which felony offenses are
   60  specifically listed in the offense severity ranking chart and
   61  which severity level has been assigned to each of these
   62  offenses, the numerical statutory references in the left column
   63  of the chart and the felony degree designations in the middle
   64  column of the chart are controlling; the language in the right
   65  column of the chart is provided solely for descriptive purposes.
   66  Reclassification of the degree of the felony through the
   67  application of s. 775.0845, s. 775.085, s. 775.0861, s.
   68  775.0862, s. 775.0863, s. 775.0864, s. 775.087, s. 775.0875, s.
   69  794.023, or any other law that provides an enhanced penalty for
   70  a felony offense, to any offense listed in the offense severity
   71  ranking chart in this section shall not cause the offense to
   72  become unlisted and is not subject to the provisions of s.
   73  921.0023.
   74         Section 3. This act shall take effect July 1, 2017.