Bill Text: FL S0356 | 2016 | Regular Session | Introduced

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Bill Title: Mental or Physical Disabilities

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2016-03-04 - Laid on Table, companion bill(s) passed, see HB 387 (Ch. 2016-81) [S0356 Detail]

Download: Florida-2016-S0356-Introduced.html

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       Florida Senate - 2016                                     SB 356
       
       
        
       By Senator Hutson
       
       
       
       
       
       6-00364-16                                             2016356__
    1                        A bill to be entitled                      
    2         An act relating to mental or physical disabilities;
    3         providing a short title; amending s. 775.085, F.S.;
    4         deleting enhanced penalties for crimes evidencing
    5         prejudice based on mental or physical disability;
    6         deleting the definition of the term “mental or
    7         physical disability”; creating s. 775.0851, F.S.;
    8         defining the term “mental or physical disability”;
    9         creating enhanced penalties for crimes evidencing
   10         prejudice based on mental or physical disability;
   11         creating a cause of action for a person or
   12         organization that is threatened with certain
   13         violations; providing an essential element for such
   14         cause of action; providing an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. This act may be cited as “Carl’s Law.”
   19         Section 2. Subsection (1) of section 775.085, Florida
   20  Statutes, is amended to read:
   21         775.085 Evidencing prejudice while committing offense;
   22  reclassification.—
   23         (1)(a) The penalty for any felony or misdemeanor shall be
   24  reclassified as provided in this subsection if the commission of
   25  such felony or misdemeanor evidences prejudice based on the
   26  race, color, ancestry, ethnicity, religion, sexual orientation,
   27  national origin, homeless status, mental or physical disability,
   28  or advanced age of the victim:
   29         1. A misdemeanor of the second degree is reclassified to a
   30  misdemeanor of the first degree.
   31         2. A misdemeanor of the first degree is reclassified to a
   32  felony of the third degree.
   33         3. A felony of the third degree is reclassified to a felony
   34  of the second degree.
   35         4. A felony of the second degree is reclassified to a
   36  felony of the first degree.
   37         5. A felony of the first degree is reclassified to a life
   38  felony.
   39         (b) As used in paragraph (a), the term:
   40         1. “Mental or physical disability” means that the victim
   41  suffers from a condition of physical or mental incapacitation
   42  due to a developmental disability, organic brain damage, or
   43  mental illness, and has one or more physical or mental
   44  limitations that restrict the victim’s ability to perform the
   45  normal activities of daily living.
   46         1.2. “Advanced age” means that the victim is older than 65
   47  years of age.
   48         2.3. “Homeless status” means that the victim:
   49         a. Lacks a fixed, regular, and adequate nighttime
   50  residence; or
   51         b. Has a primary nighttime residence that is:
   52         (I) A supervised publicly or privately operated shelter
   53  designed to provide temporary living accommodations; or
   54         (II) A public or private place not designed for, or
   55  ordinarily used as, a regular sleeping accommodation for human
   56  beings.
   57         Section 3. Section 775.0851, Florida Statutes, is created
   58  to read:
   59         775.0851 Evidencing prejudice while committing offense
   60  against persons with mental or physical disabilities;
   61  reclassification.—
   62         (1) As used in this section, the term “mental or physical
   63  disability” means that the victim suffers from a condition of
   64  physical or mental incapacitation due to a developmental
   65  disability, organic brain damage, or mental illness and has one
   66  or more physical or mental limitations that restrict the
   67  victim’s ability to perform the normal activities of daily
   68  living.
   69         (2) The penalty for any felony or misdemeanor shall be
   70  reclassified as provided in this subsection if the commission of
   71  the felony or misdemeanor evidences prejudice based on the
   72  mental or physical disability of the victim:
   73         (a) A misdemeanor of the second degree is reclassified to a
   74  misdemeanor of the first degree.
   75         (b) A misdemeanor of the first degree is reclassified to a
   76  felony of the third degree.
   77         (c) A felony of the third degree is reclassified to a
   78  felony of the second degree.
   79         (d) A felony of the second degree is reclassified to a
   80  felony of the first degree.
   81         (e) A felony of the first degree is reclassified to a life
   82  felony.
   83         (3) A person or organization that establishes by clear and
   84  convincing evidence that it has been coerced, intimidated, or
   85  threatened in violation of this section has a civil cause of
   86  action for treble damages, an injunction, or any other
   87  appropriate relief in law or in equity. Upon prevailing in such
   88  civil action, the plaintiff may recover reasonable attorney fees
   89  and costs.
   90         (4) It is an essential element of this section that the
   91  record reflect that the defendant perceived, knew, or had
   92  reasonable grounds to know or perceive that the victim had a
   93  mental or physical disability.
   94         Section 4. This act shall take effect October 1, 2016.