Bill Text: FL S0652 | 2016 | Regular Session | Introduced

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Bill Title: Crimes Evidencing Prejudice

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2016-03-11 - Died in Criminal Justice [S0652 Detail]

Download: Florida-2016-S0652-Introduced.html

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       Florida Senate - 2016                                     SB 652
       
       
        
       By Senator Dean
       
       
       
       
       
       5-00887-16                                             2016652__
    1                        A bill to be entitled                      
    2         An act relating to crimes evidencing prejudice;
    3         amending ss. 775.085 and 877.19, F.S.; providing for
    4         the enhancement of penalties for an offense if the
    5         commission of the offense evidences prejudice based on
    6         the victim’s employment as an officer of the court, a
    7         correctional officer, or as a first responder;
    8         providing for reporting concerning such offenses;
    9         providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 775.085, Florida Statutes, is amended to
   14  read:
   15         775.085 Evidencing prejudice while committing offense;
   16  reclassification.—
   17         (1)(a) The penalty for any felony or misdemeanor shall be
   18  reclassified as provided in this subsection if the commission of
   19  such felony or misdemeanor evidences prejudice based on the
   20  race, color, ancestry, ethnicity, religion, sexual orientation,
   21  national origin, homeless status, mental or physical disability,
   22  or advanced age of the victim or the victim’s employment as an
   23  officer of the court, a correctional officer as defined in s.
   24  943.10, or as a first responder as defined in s. 112.1815:
   25         1. A misdemeanor of the second degree is reclassified to a
   26  misdemeanor of the first degree.
   27         2. A misdemeanor of the first degree is reclassified to a
   28  felony of the third degree.
   29         3. A felony of the third degree is reclassified to a felony
   30  of the second degree.
   31         4. A felony of the second degree is reclassified to a
   32  felony of the first degree.
   33         5. A felony of the first degree is reclassified to a life
   34  felony.
   35         (b) As used in paragraph (a), the term:
   36         1. “Mental or physical disability” means that the victim
   37  suffers from a condition of physical or mental incapacitation
   38  due to a developmental disability, organic brain damage, or
   39  mental illness, and has one or more physical or mental
   40  limitations that restrict the victim’s ability to perform the
   41  normal activities of daily living.
   42         2. “Advanced age” means that the victim is older than 65
   43  years of age.
   44         3. “Homeless status” means that the victim:
   45         a. Lacks a fixed, regular, and adequate nighttime
   46  residence; or
   47         b. Has a primary nighttime residence that is:
   48         (I) A supervised publicly or privately operated shelter
   49  designed to provide temporary living accommodations; or
   50         (II) A public or private place not designed for, or
   51  ordinarily used as, a regular sleeping accommodation for human
   52  beings.
   53         (2) A person or organization that establishes by clear and
   54  convincing evidence that it has been coerced, intimidated, or
   55  threatened in violation of this section has a civil cause of
   56  action for treble damages, an injunction, or any other
   57  appropriate relief in law or in equity. Upon prevailing in such
   58  civil action, the plaintiff may recover reasonable attorney
   59  attorney’s fees and costs.
   60         (3) It is an essential element of this section that the
   61  record reflect that the defendant perceived, knew, or had
   62  reasonable grounds to know or perceive that the victim was
   63  within the class delineated in this section.
   64         Section 2. Subsection (2) of section 877.19, Florida
   65  Statutes, is amended to read:
   66         877.19 Hate Crimes Reporting Act.—
   67         (2) ACQUISITION AND PUBLICATION OF DATA.—The Governor,
   68  through the Florida Department of Law Enforcement, shall collect
   69  and disseminate data on incidents of criminal acts that evidence
   70  prejudice based on race, religion, ethnicity, color, ancestry,
   71  sexual orientation, or national origin or the victim’s
   72  employment as an officer of the court, a correctional officer as
   73  defined in s. 943.10, or as a first responder as defined in s.
   74  112.1815. All law enforcement agencies shall report monthly to
   75  the Florida Department of Law Enforcement concerning such
   76  offenses in such form and in such manner as prescribed by rules
   77  adopted by the department. Such information shall be compiled by
   78  the department and disseminated upon request to any local law
   79  enforcement agency, unit of local government, or state agency.
   80         Section 3. This act shall take effect October 1, 2016.