Bill Text: FL S0506 | 2010 | Regular Session | Introduced

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Bill Title: Crimes Against Homeless Persons [SPSC]

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2010-04-26 - Placed on Special Order Calendar; Read 2nd time -SJ 00852; Substituted HB 11 -SJ 00852; Laid on Table, companion bill(s) passed, see HB 11 (Ch. 2010-46) -SJ 00852 [S0506 Detail]

Download: Florida-2010-S0506-Introduced.html

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       Florida Senate - 2010                                     SB 506 
        
       By Senator Ring 
       32-00062-10                                            2010506__ 
    1                        A bill to be entitled                       
    2         An act relating to crimes against homeless persons; 
    3         amending s. 775.085, F.S.; reclassifying offenses 
    4         evidencing prejudice based on the homeless status of 
    5         the victim; providing a definition; providing an 
    6         effective date. 
    7   
    8  Be It Enacted by the Legislature of the State of Florida: 
    9   
   10         Section 1. Subsection (1) of section 775.085, Florida 
   11  Statutes, is amended to read: 
   12         775.085 Evidencing prejudice while committing offense; 
   13  reclassification.— 
   14         (1)(a) The penalty for any felony or misdemeanor shall be 
   15  reclassified as provided in this subsection if the commission of 
   16  such felony or misdemeanor evidences prejudice based on the 
   17  race, color, ancestry, ethnicity, religion, sexual orientation, 
   18  national origin, homeless status, mental or physical disability, 
   19  or advanced age of the victim: 
   20         1. A misdemeanor of the second degree is reclassified to a 
   21  misdemeanor of the first degree. 
   22         2. A misdemeanor of the first degree is reclassified to a 
   23  felony of the third degree. 
   24         3. A felony of the third degree is reclassified to a felony 
   25  of the second degree. 
   26         4. A felony of the second degree is reclassified to a 
   27  felony of the first degree. 
   28         5. A felony of the first degree is reclassified to a life 
   29  felony. 
   30         (b) As used in paragraph (a), the term: 
   31         1. “Mental or physical disability” means that the victim 
   32  suffers from a condition of physical or mental incapacitation 
   33  due to a developmental disability, organic brain damage, or 
   34  mental illness, and has one or more physical or mental 
   35  limitations that restrict the victim’s ability to perform the 
   36  normal activities of daily living. 
   37         2. “Advanced age” means that the victim is older than 65 
   38  years of age. 
   39         3. “Homeless status” means that the victim: 
   40         a. Lacks a fixed, regular, and adequate nighttime 
   41  residence; or 
   42         b. Has a primary nighttime residence that is: 
   43         (I) A supervised publicly or privately operated shelter 
   44  designed to provide temporary living accommodations; or 
   45         (II) A public or private place not designed for, or 
   46  ordinarily used as, a regular sleeping accommodation for human 
   47  beings. 
   48         Section 2. This act shall take effect October 1, 2010.