Text of FL H 743 (2019)

Crimes Evidencing Prejudice

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HB 743 2019 CODING: Words stricken are deletions; words underlined are additions. hb0743-00 Page 1 of 6 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S A bill to be entitled 1 An act relating to crimes evidencing prejudice; 2 amending s. 775.085, F.S.; providing for 3 reclassification of offenses if the commission of the 4 offenses evidences prejudice towards any person in 5 whole or in part on specified grounds; providing for 6 reclassification of offenses evidencing prejudice 7 based on the gender or gender identity of the victim; 8 defining the term "gender identity"; amending s. 9 775.0863, F.S.; requiring grounds for reclassification 10 of crimes to include prejudice based on a disability 11 of any person; revising the definition of the term 12 "disability"; reenacting s. 921.0022(2), F.S., 13 relating to the Criminal Punishment Code and the 14 offense severity ranking chart, to incorporate the 15 amendments made by the act in cross-references to 16 amended provisions; providing an effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Section 775.085, Florida Statutes, is amended 21 to read: 22 775.085 Evidencing prejudice while committing offense; 23 reclassification.— 24 (1)(a) The penalty for any felony or misdemeanor shall be 25 HB 743 2019 CODING: Words stricken are deletions; words underlined are additions. hb0743-00 Page 2 of 6 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S reclassified as provided in this subsection if the commission of 26 such felony or misdemeanor evidences prejudice in whole or in 27 part based on the race, color, ancestry, ethnicity, religion, 28 sexual orientation, national origin, homeless status, or 29 advanced age, gender, or gender identity of any person the 30 victim: 31 1. A misdemeanor of the second degree is reclassified to a 32 misdemeanor of the first degree. 33 2. A misdemeanor of the first degree is reclassified to a 34 felony of the third degree. 35 3. A felony of the third degree is reclassified to a 36 felony of the second degree. 37 4. A felony of the second degree is reclassified to a 38 felony of the first degree. 39 5. A felony of the first degree is reclassified to a life 40 felony. 41 (b) As used in paragraph (a), the term: 42 1. "Advanced age" means that the victim is older than 65 43 years of age. 44 2. "Gender identity" means a person's gender-related 45 identity, appearance, or behavior, regardless of whether such 46 gender-related identity, appearance, or behavior is different 47 from that traditionally associated with the person's physiology 48 or assigned sex at birth. 49 3.2. "Homeless status" means that the victim: 50 HB 743 2019 CODING: Words stricken are deletions; words underlined are additions. hb0743-00 Page 3 of 6 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S a. Lacks a fixed, regular, and adequate nighttime 51 residence; or 52 b. Has a primary nighttime residence that is: 53 (I) A supervised publicly or privately operated shelter 54 designed to provide temporary living accommodations; or 55 (II) A public or private place not designed for, or 56 ordinarily used as, a regular sleeping accommodation for human 57 beings. 58 (2) A person or organization that establishes by clear and 59 convincing evidence that it has been coerced, intimidated, or 60 threatened in violation of this section has a civil cause of 61 action for treble damages, an injunction, or any other 62 appropriate relief in law or in equity. Upon prevailing in such 63 civil action, the plaintiff may recover reasonable attorney fees 64 and costs. 65 (3) It is an essential element of this section that the 66 record reflect that the defendant perceived, knew, or had 67 reasonable grounds to know or perceive that the person victim 68 was within the class delineated in this section. 69 Section 2. Subsections (1) and (3) of section 775.0863, 70 Florida Statutes, are amended to read: 71 775.0863 Evidencing prejudice while committing offense 72 against person with mental or physical disability; 73 reclassification.— 74 (1)(a) The penalty for any felony or misdemeanor shall be 75 HB 743 2019 CODING: Words stricken are deletions; words underlined are additions. hb0743-00 Page 4 of 6 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S reclassified as provided in this subsection if the commission of 76 such felony or misdemeanor evidences prejudice in whole or in 77 part based on a mental or physical disability of any person the 78 victim: 79 1. A misdemeanor of the second degree is reclassified to a 80 misdemeanor of the first degree. 81 2. A misdemeanor of the first degree is reclassified to a 82 felony of the third degree. 83 3. A felony of the third degree is reclassified to a 84 felony of the second degree. 85 4. A felony of the second degree is reclassified to a 86 felony of the first degree. 87 5. A felony of the first degree is reclassified to a life 88 felony. 89 (b) As used in paragraph (a), the term "disability" 90 "mental or physical disability" means a physical or mental 91 impairment that substantially limits one or more of a person's 92 major life activities a condition of mental or physical 93 incapacitation due to a developmental disability, organic brain 94 damage, or mental illness, and one or more mental or physical 95 limitations that restrict a person's ability to perform the 96 normal activities of daily living. 97 (3) It is an essential element of this section that the 98 record reflect that the defendant perceived, knew, or had 99 reasonable grounds to know or perceive that the person victim 100 HB 743 2019 CODING: Words stricken are deletions; words underlined are additions. hb0743-00 Page 5 of 6 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S was within the class delineated in this section. 101 Section 3. For the purpose of incorporating the amendments 102 made by this act to sections 775.085 and 775.0863, Florida 103 Statutes, in references thereto, subsection (2) of section 104 921.0022, Florida Statutes, is reenacted to read: 105 921.0022 Criminal Punishment Code; offense severity 106 ranking chart.— 107 (2) The offense severity ranking chart has 10 offense 108 levels, ranked from least severe, which are level 1 offenses, to 109 most severe, which are level 10 offenses, and each felony 110 offense is assigned to a level according to the severity of the 111 offense. For purposes of determining which felony offenses are 112 specifically listed in the offense severity ranking chart and 113 which severity level has been assigned to each of these 114 offenses, the numerical statutory references in the left column 115 of the chart and the felony degree designations in the middle 116 column of the chart are controlling; the language in the right 117 column of the chart is provided solely for descriptive purposes. 118 Reclassification of the degree of the felony through the 119 application of s. 775.0845, s. 775.085, s. 775.0861, s. 120 775.0862, s. 775.0863, s. 775.087, s. 775.0875, s. 794.023, or 121 any other law that provides an enhanced penalty for a felony 122 offense, to any offense listed in the offense severity ranking 123 chart in this section shall not cause the offense to become 124 unlisted and is not subject to the provisions of s. 921.0023. 125 HB 743 2019 CODING: Words stricken are deletions; words underlined are additions. hb0743-00 Page 6 of 6 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S Section 4. This act shall take effect October 1, 2019. 126