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Senate Bill 0090

Senate Bill sb0090

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                    SB 90

    By Senator Cowin





    20-227-04

  1                      A bill to be entitled

  2         An act relating to homicide of an unborn quick

  3         child; amending s. 316.193, F.S.; including the

  4         death of an unborn quick child under DUI

  5         manslaughter; amending s. 782.071, F.S.; making

  6         the killing of an unborn quick child rather

  7         than the killing of a viable fetus a "vehicular

  8         homicide"; deleting a provision describing the

  9         viability of a fetus; amending s. 782.09, F.S.;

10         providing that killing an unborn quick child by

11         injury to the mother which would be murder in

12         any degree if it resulted in the death of the

13         mother is murder in the same degree; providing

14         penalties; providing that the unlawful killing

15         of an unborn quick child by injury to the

16         mother which would be manslaughter if it

17         resulted in the death of the mother is

18         manslaughter; providing penalties; providing

19         that the death of the mother does not bar

20         prosecution under specified circumstances;

21         providing that the section does not authorize

22         prosecution of a person in connection with a

23         termination of pregnancy; amending s. 921.0022,

24         F.S., relating to the Criminal Punishment Code

25         offense severity ranking chart; conforming

26         provisions to changes made by the act;

27         providing an effective date.

28  

29  Be It Enacted by the Legislature of the State of Florida:

30  

31  

                                  1

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    Florida Senate - 2004                                    SB 90
    20-227-04




 1         Section 1.  Subsection (3) of section 316.193, Florida

 2  Statutes, is amended to read:

 3         316.193  Driving under the influence; penalties.--

 4         (3)  Any person:

 5         (a)  Who is in violation of subsection (1);

 6         (b)  Who operates a vehicle; and

 7         (c)  Who, by reason of such operation, causes or

 8  contributes to causing:

 9         1.  Damage to the property or person of another commits

10  a misdemeanor of the first degree, punishable as provided in

11  s. 775.082 or s. 775.083.

12         2.  Serious bodily injury to another, as defined in s.

13  316.1933, commits a felony of the third degree, punishable as

14  provided in s. 775.082, s. 775.083, or s. 775.084.

15         3.  The death of any human being or unborn quick child

16  commits DUI manslaughter, and commits:

17         a.  A felony of the second degree, punishable as

18  provided in s. 775.082, s. 775.083, or s. 775.084.

19         b.  A felony of the first degree, punishable as

20  provided in s. 775.082, s. 775.083, or s. 775.084, if:

21         (I)  At the time of the crash, the person knew, or

22  should have known, that the crash occurred; and

23         (II)  The person failed to give information and render

24  aid as required by s. 316.062.

25         Section 2.  Section 782.071, Florida Statutes, is

26  amended to read:

27         782.071  Vehicular homicide.--"Vehicular homicide" is

28  the killing of a human being, or the killing of an unborn

29  quick child a viable fetus by any injury to the mother, caused

30  by the operation of a motor vehicle by another in a reckless

31  

                                  2

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    Florida Senate - 2004                                    SB 90
    20-227-04




 1  manner likely to cause the death of, or great bodily harm to,

 2  another.

 3         (1)  Vehicular homicide is:

 4         (a)  A felony of the second degree, punishable as

 5  provided in s. 775.082, s. 775.083, or s. 775.084.

 6         (b)  A felony of the first degree, punishable as

 7  provided in s. 775.082, s. 775.083, or s. 775.084, if:

 8         1.  At the time of the accident, the person knew, or

 9  should have known, that the accident occurred; and

10         2.  The person failed to give information and render

11  aid as required by s. 316.062.

12  

13  This paragraph does not require that the person knew that the

14  accident resulted in injury or death.

15         (2)  For purposes of this section, a fetus is viable

16  when it becomes capable of meaningful life outside the womb

17  through standard medical measures.

18         (2)(3)  A right of action for civil damages shall exist

19  under s. 768.19, under all circumstances, for all deaths

20  described in this section.

21         (3)(4)  In addition to any other punishment, the court

22  may order the person to serve 120 community service hours in a

23  trauma center or hospital that regularly receives victims of

24  vehicle accidents, under the supervision of a registered

25  nurse, an emergency room physician, or an emergency medical

26  technician pursuant to a voluntary community service program

27  operated by the trauma center or hospital.

28         Section 3.  Section 782.09, Florida Statutes, is

29  amended to read:

30         782.09  Killing of unborn quick child by injury to

31  mother.--

                                  3

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    Florida Senate - 2004                                    SB 90
    20-227-04




 1         (1)  The unlawful willful killing of an unborn quick

 2  child, by any injury to the mother of such child which would

 3  be murder if it resulted in the death of such mother, shall be

 4  deemed murder in the same degree as that which would have been

 5  committed against the mother. A person who unlawfully kills an

 6  unborn quick child by any injury to the mother:

 7         (a)  Which would be murder in the first degree

 8  constituting a capital felony if it resulted in the mother's

 9  death commits murder in the first degree constituting a

10  capital felony, punishable as provided in s. 775.082.

11         (b)  Which would be murder in the second degree if it

12  resulted in the mother's death commits murder in the second

13  degree, a felony of the first degree, punishable as provided

14  in s. 775.082, s. 775.083, or s. 775.084.

15         (c)  Which would be murder in the third degree if it

16  resulted in the mother's death commits murder in the third

17  degree manslaughter, a felony of the second degree, punishable

18  as provided in s. 775.082, s. 775.083, or s. 775.084.

19         (2)  The unlawful killing of an unborn quick child by

20  any injury to the mother of such child which would be

21  manslaughter if it resulted in the death of such mother shall

22  be deemed manslaughter. A person who unlawfully kills an

23  unborn quick child by any injury to the mother which would be

24  manslaughter if it resulted in the mother's death commits

25  manslaughter, a felony of the second degree, punishable as

26  provided in s. 775.082, s. 775.083, or s. 775.084.

27         (3)  The death of the mother resulting from the same

28  act or criminal episode which caused the death of the unborn

29  quick child shall not bar prosecution under this section.

30  

31  

                                  4

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    Florida Senate - 2004                                    SB 90
    20-227-04




 1         (4)  This section does not authorize the prosecution of

 2  any person in connection with a termination of pregnancy

 3  pursuant to chapter 390.

 4         Section 4.  Paragraph (g) of subsection (3) of section

 5  921.0022, Florida Statutes, is amended to read:

 6         921.0022  Criminal Punishment Code; offense severity

 7  ranking chart.--

 8         (3)  OFFENSE SEVERITY RANKING CHART

 9  

10  Florida           Felony

11  Statute           Degree             Description

12  

13    

14                              (g)  LEVEL 7

15  316.027(1)(b)      2nd      Accident involving death, failure

16                              to stop; leaving scene.

17  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

18                              injury.

19  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

20                              bodily injury.

21  402.319(2)         2nd      Misrepresentation and negligence

22                              or intentional act resulting in

23                              great bodily harm, permanent

24                              disfiguration, permanent

25                              disability, or death.

26  409.920(2)         3rd      Medicaid provider fraud.

27  456.065(2)         3rd      Practicing a health care

28                              profession without a license.

29  

30  

31  

                                  5

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    Florida Senate - 2004                                    SB 90
    20-227-04




 1  456.065(2)         2nd      Practicing a health care

 2                              profession without a license

 3                              which results in serious bodily

 4                              injury.

 5  458.327(1)         3rd      Practicing medicine without a

 6                              license.

 7  459.013(1)         3rd      Practicing osteopathic medicine

 8                              without a license.

 9  460.411(1)         3rd      Practicing chiropractic medicine

10                              without a license.

11  461.012(1)         3rd      Practicing podiatric medicine

12                              without a license.

13  462.17             3rd      Practicing naturopathy without a

14                              license.

15  463.015(1)         3rd      Practicing optometry without a

16                              license.

17  464.016(1)         3rd      Practicing nursing without a

18                              license.

19  465.015(2)         3rd      Practicing pharmacy without a

20                              license.

21  466.026(1)         3rd      Practicing dentistry or dental

22                              hygiene without a license.

23  467.201            3rd      Practicing midwifery without a

24                              license.

25  468.366            3rd      Delivering respiratory care

26                              services without a license.

27  483.828(1)         3rd      Practicing as clinical laboratory

28                              personnel without a license.

29  483.901(9)         3rd      Practicing medical physics

30                              without a license.

31  

                                  6

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    Florida Senate - 2004                                    SB 90
    20-227-04




 1  484.013(1)(c)      3rd      Preparing or dispensing optical

 2                              devices without a prescription.

 3  484.053            3rd      Dispensing hearing aids without a

 4                              license.

 5  494.0018(2)        1st      Conviction of any violation of

 6                              ss. 494.001-494.0077 in which the

 7                              total money and property

 8                              unlawfully obtained exceeded

 9                              $50,000 and there were five or

10                              more victims.

11  560.123(8)(b)1.    3rd      Failure to report currency or

12                              payment instruments exceeding

13                              $300 but less than $20,000 by

14                              money transmitter.

15  560.125(5)(a)      3rd      Money transmitter business by

16                              unauthorized person, currency or

17                              payment instruments exceeding

18                              $300 but less than $20,000.

19  655.50(10)(b)1.    3rd      Failure to report financial

20                              transactions exceeding $300 but

21                              less than $20,000 by financial

22                              institution.

23  782.051(3)         2nd      Attempted felony murder of a

24                              person by a person other than the

25                              perpetrator or the perpetrator of

26                              an attempted felony.

27  782.07(1)          2nd      Killing of a human being by the

28                              act, procurement, or culpable

29                              negligence of another

30                              (manslaughter).

31  

                                  7

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    Florida Senate - 2004                                    SB 90
    20-227-04




 1  782.071            2nd      Killing of human being or unborn

 2                              quick child viable fetus by the

 3                              operation of a motor vehicle in a

 4                              reckless manner (vehicular

 5                              homicide).

 6  782.072            2nd      Killing of a human being by the

 7                              operation of a vessel in a

 8                              reckless manner (vessel

 9                              homicide).

10  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

11                              causing great bodily harm or

12                              disfigurement.

13  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

14                              weapon.

15  784.045(1)(b)      2nd      Aggravated battery; perpetrator

16                              aware victim pregnant.

17  784.048(4)         3rd      Aggravated stalking; violation of

18                              injunction or court order.

19  784.07(2)(d)       1st      Aggravated battery on law

20                              enforcement officer.

21  784.074(1)(a)      1st      Aggravated battery on sexually

22                              violent predators facility staff.

23  784.08(2)(a)       1st      Aggravated battery on a person 65

24                              years of age or older.

25  784.081(1)         1st      Aggravated battery on specified

26                              official or employee.

27  784.082(1)         1st      Aggravated battery by detained

28                              person on visitor or other

29                              detainee.

30  784.083(1)         1st      Aggravated battery on code

31                              inspector.

                                  8

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    Florida Senate - 2004                                    SB 90
    20-227-04




 1  790.07(4)          1st      Specified weapons violation

 2                              subsequent to previous conviction

 3                              of s. 790.07(1) or (2).

 4  790.16(1)          1st      Discharge of a machine gun under

 5                              specified circumstances.

 6  790.165(2)         2nd      Manufacture, sell, possess, or

 7                              deliver hoax bomb.

 8  790.165(3)         2nd      Possessing, displaying, or

 9                              threatening to use any hoax bomb

10                              while committing or attempting to

11                              commit a felony.

12  790.166(3)         2nd      Possessing, selling, using, or

13                              attempting to use a hoax weapon

14                              of mass destruction.

15  790.166(4)         2nd      Possessing, displaying, or

16                              threatening to use a hoax weapon

17                              of mass destruction while

18                              committing or attempting to

19                              commit a felony.

20  796.03             2nd      Procuring any person under 16

21                              years for prostitution.

22  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;

23                              victim less than 12 years of age;

24                              offender less than 18 years.

25  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;

26                              victim 12 years of age or older

27                              but less than 16 years; offender

28                              18 years or older.

29  806.01(2)          2nd      Maliciously damage structure by

30                              fire or explosive.

31  

                                  9

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    Florida Senate - 2004                                    SB 90
    20-227-04




 1  810.02(3)(a)       2nd      Burglary of occupied dwelling;

 2                              unarmed; no assault or battery.

 3  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

 4                              unarmed; no assault or battery.

 5  810.02(3)(d)       2nd      Burglary of occupied conveyance;

 6                              unarmed; no assault or battery.

 7  812.014(2)(a)      1st      Property stolen, valued at

 8                              $100,000 or more; cargo stolen

 9                              valued at $50,000 or more;

10                              property stolen while causing

11                              other property damage; 1st degree

12                              grand theft.

13  812.014(2)(b)3.    2nd      Property stolen, emergency

14                              medical equipment; 2nd degree

15                              grand theft.

16  812.0145(2)(a)     1st      Theft from person 65 years of age

17                              or older; $50,000 or more.

18  812.019(2)         1st      Stolen property; initiates,

19                              organizes, plans, etc., the theft

20                              of property and traffics in

21                              stolen property.

22  812.131(2)(a)      2nd      Robbery by sudden snatching.

23  812.133(2)(b)      1st      Carjacking; no firearm, deadly

24                              weapon, or other weapon.

25  817.234(8)(a)      2nd      Solicitation of motor vehicle

26                              accident victims with intent to

27                              defraud.

28  817.234(9)         2nd      Organizing, planning, or

29                              participating in an intentional

30                              motor vehicle collision.

31  

                                  10

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    Florida Senate - 2004                                    SB 90
    20-227-04




 1  817.234(11)(c)     1st      Insurance fraud; property value

 2                              $100,000 or more.

 3  817.2341(2)(b)&

 4   (3)(b)            1st      Making false entries of material

 5                              fact or false statements

 6                              regarding property values

 7                              relating to the solvency of an

 8                              insuring entity which are a

 9                              significant cause of the

10                              insolvency of that entity.

11  825.102(3)(b)      2nd      Neglecting an elderly person or

12                              disabled adult causing great

13                              bodily harm, disability, or

14                              disfigurement.

15  825.103(2)(b)      2nd      Exploiting an elderly person or

16                              disabled adult and property is

17                              valued at $20,000 or more, but

18                              less than $100,000.

19  827.03(3)(b)       2nd      Neglect of a child causing great

20                              bodily harm, disability, or

21                              disfigurement.

22  827.04(3)          3rd      Impregnation of a child under 16

23                              years of age by person 21 years

24                              of age or older.

25  837.05(2)          3rd      Giving false information about

26                              alleged capital felony to a law

27                              enforcement officer.

28  838.015            2nd      Bribery.

29  838.016            2nd      Unlawful compensation or reward

30                              for official behavior.

31  

                                  11

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    Florida Senate - 2004                                    SB 90
    20-227-04




 1  838.021(3)(a)      2nd      Unlawful harm to a public

 2                              servant.

 3  838.22             2nd      Bid tampering.

 4  872.06             2nd      Abuse of a dead human body.

 5  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

 6                              cocaine (or other drug prohibited

 7                              under s. 893.03(1)(a), (1)(b),

 8                              (1)(d), (2)(a), (2)(b), or

 9                              (2)(c)4.) within 1,000 feet of a

10                              child care facility, school, or

11                              state, county, or municipal park

12                              or publicly owned recreational

13                              facility or community center.

14  893.13(1)(e)1.     1st      Sell, manufacture, or deliver

15                              cocaine or other drug prohibited

16                              under s. 893.03(1)(a), (1)(b),

17                              (1)(d), (2)(a), (2)(b), or

18                              (2)(c)4., within 1,000 feet of

19                              property used for religious

20                              services or a specified business

21                              site.

22  893.13(4)(a)       1st      Deliver to minor cocaine (or

23                              other s. 893.03(1)(a), (1)(b),

24                              (1)(d), (2)(a), (2)(b), or

25                              (2)(c)4. drugs).

26  893.135(1)(a)1.    1st      Trafficking in cannabis, more

27                              than 25 lbs., less than 2,000

28                              lbs.

29  893.135

30   (1)(b)1.a.        1st      Trafficking in cocaine, more than

31                              28 grams, less than 200 grams.

                                  12

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    Florida Senate - 2004                                    SB 90
    20-227-04




 1  893.135

 2   (1)(c)1.a.        1st      Trafficking in illegal drugs,

 3                              more than 4 grams, less than 14

 4                              grams.

 5  893.135

 6   (1)(d)1.          1st      Trafficking in phencyclidine,

 7                              more than 28 grams, less than 200

 8                              grams.

 9  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

10                              than 200 grams, less than 5

11                              kilograms.

12  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

13                              than 14 grams, less than 28

14                              grams.

15  893.135

16   (1)(g)1.a.        1st      Trafficking in flunitrazepam, 4

17                              grams or more, less than 14

18                              grams.

19  893.135

20   (1)(h)1.a.        1st      Trafficking in

21                              gamma-hydroxybutyric acid (GHB),

22                              1 kilogram or more, less than 5

23                              kilograms.

24  893.135

25   (1)(j)1.a.        1st      Trafficking in 1,4-Butanediol, 1

26                              kilogram or more, less than 5

27                              kilograms.

28  893.135

29   (1)(k)2.a.        1st      Trafficking in Phenethylamines,

30                              10 grams or more, less than 200

31                              grams.

                                  13

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    Florida Senate - 2004                                    SB 90
    20-227-04




 1  896.101(5)(a)      3rd      Money laundering, financial

 2                              transactions exceeding $300 but

 3                              less than $20,000.

 4  896.104(4)(a)1.    3rd      Structuring transactions to evade

 5                              reporting or registration

 6                              requirements, financial

 7                              transactions exceeding $300 but

 8                              less than $20,000.

 9         Section 5.  This act shall take effect October 1, 2004,

10  and shall apply to offenses committed on or after that date.

11  

12            *****************************************

13                          SENATE SUMMARY

14    Includes the death of an unborn quick child under DUI
      manslaughter. Makes the killing of an unborn quick child
15    rather than the killing of a viable fetus a "vehicular
      homicide." Deletes a provision describing the viability
16    of a fetus. Provides that killing an unborn quick child
      by injury to the mother which would be murder in any
17    degree if it resulted in the death of the mother is
      murder in the same degree. Provides that the unlawful
18    killing of an unborn quick child by injury to the mother
      which would be manslaughter if it resulted in the death
19    of the mother is manslaughter. Provides penalties.
      Provides that the death of the mother does not bar
20    prosecution under specified circumstances. Declares that
      the section does not authorize prosecution of a person in
21    connection with a termination of pregnancy. Conforming
      provisions of the Criminal Punishment Code offense
22    severity ranking chart to changes made by the act.

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  14

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