Title: Offenses Committed While Evidencing Prejudice

Summary: Provides enhanced criminal penalties for offenses committed evidencing prejudice based on political affiliation or beliefs of victim & requires collection & dissemination of data concerning such offenses.

Full Text:
An act relating to offenses committed while evidencing prejudice; amending s. 775.085, F.S.; providing enhanced criminal penalties for offenses committed evidencing prejudice based on political affiliation or beliefs of the victim; amending s. 877.19, F.S.; requiring the collection and dissemination of data concerning criminal cases that evidence prejudice based on political affiliation or beliefs; reenacting s. 921.0 022(2), F.S., relating to the offense severity ranking chart of the Criminal Punishment Code to incorporate the amendments made by the act; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Paragrap h(a) of subsection (1) of section 775.085, Florida Statutes, is amended to read: 775.085 Evidencing prejudice while committing offense; reclassification.-(1)(a) The penalty for any felony or misdemeanor shall be reclassified as provided in this subse ction if the commission of such felony or misdemeanor evidences prejudice based on the race, color, ancestry, ethnicity, religion, sexual orientation, national origin, homeless status, or advanced age,or political HB 2018 affiliation or beliefs of the victim: 1. A misdemeanor of the second degree is reclassified to a misdemeanor of the first degree. 2. A misdemeanor of the first degree is reclassified to a felony of the third degree. 3. A felony of the third degree is reclassified to a felony of the second degree. 4. A felony of the second degree is reclassified to a felony of the first degree. 5. A felony of the first degree is reclassified to a life felony. Section 2. Subsection (2) of section 877.19, Florida Statutes, is amended to read: 877.19 Hate Crimes Reporting Act.-(2) ACQUISITION AND PUBLICATION OF DATA.-The Governor, through the Florida Department of Law Enforcement, shall collect and disseminate data on incidents of criminal acts that evidence prejudice based on race, religion, ethnici ty, color, ancestry, sexual orientation, or national origin,or political affiliation or beliefs.All law enforcement agencies shall report monthly to the Florida Department of Law Enforcement concerning such offenses in such form and in such manner as pre scribed by rules adopted by the department. Such information shall be compiled by the department and disseminated upon request to any local law enforcement agency, unit of local government, or state agency. HB 2018 Section 3. For the purpose of incorporating the amendment made by this act to section 775.085, Florida Statutes, in a reference thereto, subsection (2) of section 921.0022, Florida Statutes, is reenacted to read: 921.0022 Criminal Punishment Code; offense severity ranking chart.-(2) The offense severity ranking chart has offense levels, ranked from least severe, which are level offenses, to most severe, which are level offenses, and each felony offense is assigned to a level according to the severity of the offense. For purposes of determ ining which felony offenses are specifically listed in the offense severity ranking chart and which severity level has been assigned to each of these offenses, the numerical statutory references in the left column of the chart and the felony degree designa tions in the middle column of the chart are controlling; the language in the right column of the chart is provided solely for descriptive purposes. Reclassification of the degree of the felony through the application of s. 775.0845, s. 775.085, s. 775.0861,s. 775.0862, s. 775.0863, s. 775.087, s. 775.0875, s. 794.023, or any other law that provides an enhanced penalty for a felony offense, to any offense listed in the offense severity ranking chart in this section shall not cause the offense to become unlisted and is not subject to the provisions of s. 921.0023. Section 4. This act shall take effect July 1, 2018.