September 22, 2020
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       Florida Senate - 2010                                     SB 290
       
       
       
       By Senator Fasano
       
       
       
       
       11-00413-10                                            2010290__
    1                        A bill to be entitled                      
    2         An act relating to offenses against unborn children;
    3         providing a short title; amending s. 782.071, F.S.;
    4         defining the term “unborn child” for purposes of
    5         vehicular homicide; revising terminology to refer to
    6         “unborn child” rather than “viable fetus”; providing
    7         legislative intent; amending s. 782.09, F.S.; revising
    8         terminology; providing that certain offenses relating
    9         to the killing of an unborn child by injury to the
   10         mother do not require specified knowledge or intent;
   11         amending ss. 316.193, 435.03, 435.04, and 921.0022,
   12         F.S.; conforming terminology; providing an effective
   13         date.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. This act may be cited as the “Florida Unborn
   18  Victims of Violence Act.”
   19         Section 2. Section 782.071, Florida Statutes, is amended to
   20  read:
   21         782.071 Vehicular homicide.—“Vehicular homicide” is the
   22  killing of a human being, or the killing of an unborn child a
   23  viable fetus by any injury to the mother, caused by the
   24  operation of a motor vehicle by another in a reckless manner
   25  likely to cause the death of, or great bodily harm to, another.
   26         (1) Vehicular homicide is:
   27         (a) A felony of the second degree, punishable as provided
   28  in s. 775.082, s. 775.083, or s. 775.084.
   29         (b) A felony of the first degree, punishable as provided in
   30  s. 775.082, s. 775.083, or s. 775.084, if:
   31         1. At the time of the accident, the person knew, or should
   32  have known, that the accident occurred; and
   33         2. The person failed to give information and render aid as
   34  required by s. 316.062.
   35  
   36  This paragraph does not require that the person knew that the
   37  accident resulted in injury or death.
   38         (2) For purposes of this section, the term “unborn child”
   39  means a member of the species homo sapiens, at any stage of
   40  development, who is carried in the womb a fetus is viable when
   41  it becomes capable of meaningful life outside the womb through
   42  standard medical measures.
   43         (3) A right of action for civil damages shall exist under
   44  s. 768.19, under all circumstances, for all deaths described in
   45  this section. However, this section shall not be construed to
   46  create or expand any civil cause of action for negligence based
   47  on statute or common law.
   48         (4) In addition to any other punishment, the court may
   49  order the person to serve 120 community service hours in a
   50  trauma center or hospital that regularly receives victims of
   51  vehicle accidents, under the supervision of a registered nurse,
   52  an emergency room physician, or an emergency medical technician
   53  pursuant to a voluntary community service program operated by
   54  the trauma center or hospital.
   55         Section 3. Section 782.09, Florida Statutes, is amended to
   56  read:
   57         782.09 Killing of unborn quick child by injury to mother.—
   58         (1) The unlawful killing of an unborn quick child, by any
   59  injury to the mother of such child which would be murder if it
   60  resulted in the death of such mother, shall be deemed murder in
   61  the same degree as that which would have been committed against
   62  the mother. Any person, other than the mother, who unlawfully
   63  kills an unborn quick child by any injury to the mother:
   64         (a) Which would be murder in the first degree constituting
   65  a capital felony if it resulted in the mother’s death commits
   66  murder in the first degree constituting a capital felony,
   67  punishable as provided in s. 775.082.
   68         (b) Which would be murder in the second degree if it
   69  resulted in the mother’s death commits murder in the second
   70  degree, a felony of the first degree, punishable as provided in
   71  s. 775.082, s. 775.083, or s. 775.084.
   72         (c) Which would be murder in the third degree if it
   73  resulted in the mother’s death commits murder in the third
   74  degree, a felony of the second degree, punishable as provided in
   75  s. 775.082, s. 775.083, or s. 775.084.
   76         (2) The unlawful killing of an unborn quick child by any
   77  injury to the mother of such child which would be manslaughter
   78  if it resulted in the death of such mother shall be deemed
   79  manslaughter. A person who unlawfully kills an unborn quick
   80  child by any injury to the mother which would be manslaughter if
   81  it resulted in the mother’s death commits manslaughter, a felony
   82  of the second degree, punishable as provided in s. 775.082, s.
   83  775.083, or s. 775.084.
   84         (3) The death of the mother resulting from the same act or
   85  criminal episode that caused the death of the unborn quick child
   86  does not bar prosecution under this section.
   87         (4) This section does not authorize the prosecution of any
   88  person in connection with a termination of pregnancy pursuant to
   89  chapter 390.
   90         (5) For purposes of this section, the definition of the
   91  term “unborn quick child” shall be determined in accordance with
   92  the definition of an unborn child viable fetus as set forth in
   93  s. 782.071.
   94         (6) An offense under this section does not require that the
   95  person engaging in the conduct:
   96         (a) Had knowledge or should have had knowledge that the
   97  victim of the underlying offense was pregnant; or
   98         (b) Intended to cause the death of, or bodily injury to,
   99  the unborn child.
  100         Section 4. Subsection (3) of section 316.193, Florida
  101  Statutes, is amended to read:
  102         316.193 Driving under the influence; penalties.—
  103         (3) Any person:
  104         (a) Who is in violation of subsection (1);
  105         (b) Who operates a vehicle; and
  106         (c) Who, by reason of such operation, causes or contributes
  107  to causing:
  108         1. Damage to the property or person of another commits a
  109  misdemeanor of the first degree, punishable as provided in s.
  110  775.082 or s. 775.083.
  111         2. Serious bodily injury to another, as defined in s.
  112  316.1933, commits a felony of the third degree, punishable as
  113  provided in s. 775.082, s. 775.083, or s. 775.084.
  114         3. The death of any human being or unborn quick child
  115  commits DUI manslaughter, and commits:
  116         a. A felony of the second degree, punishable as provided in
  117  s. 775.082, s. 775.083, or s. 775.084.
  118         b. A felony of the first degree, punishable as provided in
  119  s. 775.082, s. 775.083, or s. 775.084, if:
  120         (I) At the time of the crash, the person knew, or should
  121  have known, that the crash occurred; and
  122         (II) The person failed to give information and render aid
  123  as required by s. 316.062.
  124  
  125  For purposes of this subsection, the definition of the term
  126  “unborn quick child” shall be determined in accordance with the
  127  definition of an unborn child viable fetus as set forth in s.
  128  782.071. A person who is convicted of DUI manslaughter shall be
  129  sentenced to a mandatory minimum term of imprisonment of 4
  130  years.
  131         Section 5. Paragraph (g) of subsection (2) of section
  132  435.03, Florida Statutes, is amended to read:
  133         435.03 Level 1 screening standards.—
  134         (2) Any person for whom employment screening is required by
  135  statute must not have been found guilty of, regardless of
  136  adjudication, or entered a plea of nolo contendere or guilty to,
  137  any offense prohibited under any of the following provisions of
  138  the Florida Statutes or under any similar statute of another
  139  jurisdiction:
  140         (g) Section 782.09, relating to killing of an unborn quick
  141  child by injury to the mother.
  142         Section 6. Paragraph (g) of subsection (2) of section
  143  435.04, Florida Statutes, is amended to read:
  144         435.04 Level 2 screening standards.—
  145         (2) The security background investigations under this
  146  section must ensure that no persons subject to the provisions of
  147  this section have been found guilty of, regardless of
  148  adjudication, or entered a plea of nolo contendere or guilty to,
  149  any offense prohibited under any of the following provisions of
  150  the Florida Statutes or under any similar statute of another
  151  jurisdiction:
  152         (g) Section 782.09, relating to killing of an unborn quick
  153  child by injury to the mother.
  154         Section 7. Paragraph (g) of subsection (3) of section
  155  921.0022, Florida Statutes, is amended to read:
  156         921.0022 Criminal Punishment Code; offense severity ranking
  157  chart.—
  158         (3) OFFENSE SEVERITY RANKING CHART
  159         (g) LEVEL 7
  160  FloridaStatute     FelonyDegree               Description               
  161  316.027(1)(b)      1st      Accident involving death, failure to stop; leaving scene.
  162  316.193(3)(c)2.    3rd      DUI resulting in serious bodily injury.  
  163  316.1935(3)(b)     1st      Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
  164  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious bodily injury.
  165  402.319(2)         2nd      Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
  166  409.920(2)(b)1.a.  3rd      Medicaid provider fraud; $10,000 or less.
  167  409.920(2)(b)1.b.  2nd      Medicaid provider fraud; more than $10,000, but less than $50,000.
  168  456.065(2)         3rd      Practicing a health care profession without a license.
  169  456.065(2)         2nd      Practicing a health care profession without a license which results in serious bodily injury.
  170  458.327(1)         3rd      Practicing medicine without a license.   
  171  459.013(1)         3rd      Practicing osteopathic medicine without a license.
  172  460.411(1)         3rd      Practicing chiropractic medicine without a license.
  173  461.012(1)         3rd      Practicing podiatric medicine without a license.
  174  462.17             3rd      Practicing naturopathy without a license.
  175  463.015(1)         3rd      Practicing optometry without a license.  
  176  464.016(1)         3rd      Practicing nursing without a license.    
  177  465.015(2)         3rd      Practicing pharmacy without a license.   
  178  466.026(1)         3rd      Practicing dentistry or dental hygiene without a license.
  179  467.201            3rd      Practicing midwifery without a license.  
  180  468.366            3rd      Delivering respiratory care services without a license.
  181  483.828(1)         3rd      Practicing as clinical laboratory personnel without a license.
  182  483.901(9)         3rd      Practicing medical physics without a license.
  183  484.013(1)(c)      3rd      Preparing or dispensing optical devices without a prescription.
  184  484.053            3rd      Dispensing hearing aids without a license.
  185  494.0018(2)        1st      Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
  186  560.123(8)(b)1.    3rd      Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
  187  560.125(5)(a)      3rd      Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
  188  655.50(10)(b)1.    3rd      Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
  189  775.21(10)(a)      3rd      Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
  190  775.21(10)(b)      3rd      Sexual predator working where children regularly congregate.
  191  775.21(10)(g)      3rd      Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
  192  782.051(3)         2nd      Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
  193  782.07(1)          2nd      Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
  194  782.071            2nd      Killing of a human being or unborn child viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
  195  782.072            2nd      Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
  196  784.045(1)(a)1.    2nd      Aggravated battery; intentionally causing great bodily harm or disfigurement.
  197  784.045(1)(a)2.    2nd      Aggravated battery; using deadly weapon. 
  198  784.045(1)(b)      2nd      Aggravated battery; perpetrator aware victim pregnant.
  199  784.048(4)         3rd      Aggravated stalking; violation of injunction or court order.
  200  784.048(7)         3rd      Aggravated stalking; violation of court order.
  201  784.07(2)(d)       1st      Aggravated battery on law enforcement officer.
  202  784.074(1)(a)      1st      Aggravated battery on sexually violent predators facility staff.
  203  784.08(2)(a)       1st      Aggravated battery on a person 65 years of age or older.
  204  784.081(1)         1st      Aggravated battery on specified official or employee.
  205  784.082(1)         1st      Aggravated battery by detained person on visitor or other detainee.
  206  784.083(1)         1st      Aggravated battery on code inspector.    
  207  790.07(4)          1st      Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
  208  790.16(1)          1st      Discharge of a machine gun under specified circumstances.
  209  790.165(2)         2nd      Manufacture, sell, possess, or deliver hoax bomb.
  210  790.165(3)         2nd      Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
  211  790.166(3)         2nd      Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
  212  790.166(4)         2nd      Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
  213  790.23             1st,PBL  Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
  214  794.08(4)          3rd      Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
  215  796.03             2nd      Procuring any person under 16 years for prostitution.
  216  800.04(5)(c)1.     2nd      Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
  217  800.04(5)(c)2.     2nd      Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
  218  806.01(2)          2nd      Maliciously damage structure by fire or explosive.
  219  810.02(3)(a)       2nd      Burglary of occupied dwelling; unarmed; no assault or battery.
  220  810.02(3)(b)       2nd      Burglary of unoccupied dwelling; unarmed; no assault or battery.
  221  810.02(3)(d)       2nd      Burglary of occupied conveyance; unarmed; no assault or battery.
  222  810.02(3)(e)       2nd      Burglary of authorized emergency vehicle.
  223  812.014(2)(a)1.    1st      Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
  224  812.014(2)(b)2.    2nd      Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
  225  812.014(2)(b)3.    2nd      Property stolen, emergency medical equipment; 2nd degree grand theft.
  226  812.014(2)(b)4.    2nd      Property stolen, law enforcement equipment from authorized emergency vehicle.
  227  812.0145(2)(a)     1st      Theft from person 65 years of age or older; $50,000 or more.
  228  812.019(2)         1st      Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
  229  812.131(2)(a)      2nd      Robbery by sudden snatching.             
  230  812.133(2)(b)      1st      Carjacking; no firearm, deadly weapon, or other weapon.
  231  817.234(8)(a)      2nd      Solicitation of motor vehicle accident victims with intent to defraud.
  232  817.234(9)         2nd      Organizing, planning, or participating in an intentional motor vehicle collision.
  233  817.234(11)(c)     1st      Insurance fraud; property value $100,000 or more.
  234  817.2341(2)(b) & (3)(b)1st      Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
  235  825.102(3)(b)      2nd      Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
  236  825.103(2)(b)      2nd      Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
  237  827.03(3)(b)       2nd      Neglect of a child causing great bodily harm, disability, or disfigurement.
  238  827.04(3)          3rd      Impregnation of a child under 16 years of age by person 21 years of age or older.
  239  837.05(2)          3rd      Giving false information about alleged capital felony to a law enforcement officer.
  240  838.015            2nd      Bribery.                                 
  241  838.016            2nd      Unlawful compensation or reward for official behavior.
  242  838.021(3)(a)      2nd      Unlawful harm to a public servant.       
  243  838.22             2nd      Bid tampering.                           
  244  847.0135(3)        3rd      Solicitation of a child, via a computer service, to commit an unlawful sex act.
  245  847.0135(4)        2nd      Traveling to meet a minor to commit an unlawful sex act.
  246  872.06             2nd      Abuse of a dead human body.              
  247  874.10             1st,PBL  Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
  248  893.13(1)(c)1.     1st      Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
  249  893.13(1)(e)1.     1st      Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
  250  893.13(4)(a)       1st      Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
  251  893.135(1)(a)1.    1st      Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
  252  893.135(1)(b)1.a.  1st      Trafficking in cocaine, more than 28 grams, less than 200 grams.
  253  893.135(1)(c)1.a.  1st      Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
  254  893.135(1)(d)1.    1st      Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
  255  893.135(1)(e)1.    1st      Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
  256  893.135(1)(f)1.    1st      Trafficking in amphetamine, more than 14 grams, less than 28 grams.
  257  893.135(1)(g)1.a.  1st      Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
  258  893.135(1)(h)1.a.  1st      Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
  259  893.135(1)(j)1.a.  1st      Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
  260  893.135(1)(k)2.a.  1st      Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
  261  893.1351(2)        2nd      Possession of place for trafficking in or manufacturing of controlled substance.
  262  896.101(5)(a)      3rd      Money laundering, financial transactions exceeding $300 but less than $20,000.
  263  896.104(4)(a)1.    3rd      Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
  264  943.0435(4)(c)     2nd      Sexual offender vacating permanent residence; failure to comply with reporting requirements.
  265  943.0435(8)        2nd      Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
  266  943.0435(9)(a)     3rd      Sexual offender; failure to comply with reporting requirements.
  267  943.0435(13)       3rd      Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  268  943.0435(14)       3rd      Sexual offender; failure to report and reregister; failure to respond to address verification.
  269  944.607(9)         3rd      Sexual offender; failure to comply with reporting requirements.
  270  944.607(10)(a)     3rd      Sexual offender; failure to submit to the taking of a digitized photograph.
  271  944.607(12)        3rd      Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  272  944.607(13)        3rd      Sexual offender; failure to report and reregister; failure to respond to address verification.
  273  985.4815(10)       3rd      Sexual offender; failure to submit to the taking of a digitized photograph.
  274  985.4815(12)       3rd      Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  275  985.4815(13)       3rd      Sexual offender; failure to report and reregister; failure to respond to address verification.
  276         Section 8. This act shall take effect October 1, 2010.

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