December 04, 2020
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       Florida Senate - 2010                              CS for SB 290
       
       
       
       By the Committee on Judiciary; and Senators Fasano and Baker
       
       
       
       
       590-05218-10                                           2010290c1
    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. This definition does not apply to any
   43  other statute unless the definition is made applicable through a
   44  cross-reference to this section.
   45         (3) A right of action for civil damages shall exist under
   46  s. 768.19, under all circumstances, for all deaths described in
   47  this section. However, this section shall not be construed to
   48  create or expand any civil cause of action for negligence based
   49  on statute or common law.
   50         (4) In addition to any other punishment, the court may
   51  order the person to serve 120 community service hours in a
   52  trauma center or hospital that regularly receives victims of
   53  vehicle accidents, under the supervision of a registered nurse,
   54  an emergency room physician, or an emergency medical technician
   55  pursuant to a voluntary community service program operated by
   56  the trauma center or hospital.
   57         Section 3. Section 782.09, Florida Statutes, is amended to
   58  read:
   59         782.09 Killing of unborn quick child by injury to mother.—
   60         (1) The unlawful killing of an unborn quick child, by any
   61  injury to the mother of such child which would be murder if it
   62  resulted in the death of such mother, shall be deemed murder in
   63  the same degree as that which would have been committed against
   64  the mother. Any person, other than the mother, who unlawfully
   65  kills an unborn quick child by any injury to the mother:
   66         (a) Which would be murder in the first degree constituting
   67  a capital felony if it resulted in the mother’s death commits
   68  murder in the first degree constituting a capital felony,
   69  punishable as provided in s. 775.082.
   70         (b) Which would be murder in the second degree if it
   71  resulted in the mother’s death commits murder in the second
   72  degree, a felony of the first degree, punishable as provided in
   73  s. 775.082, s. 775.083, or s. 775.084.
   74         (c) Which would be murder in the third degree if it
   75  resulted in the mother’s death commits murder in the third
   76  degree, a felony of the second degree, punishable as provided in
   77  s. 775.082, s. 775.083, or s. 775.084.
   78         (2) The unlawful killing of an unborn quick child by any
   79  injury to the mother of such child which would be manslaughter
   80  if it resulted in the death of such mother shall be deemed
   81  manslaughter. A person who unlawfully kills an unborn quick
   82  child by any injury to the mother which would be manslaughter if
   83  it resulted in the mother’s death commits manslaughter, a felony
   84  of the second degree, punishable as provided in s. 775.082, s.
   85  775.083, or s. 775.084.
   86         (3) The death of the mother resulting from the same act or
   87  criminal episode that caused the death of the unborn quick child
   88  does not bar prosecution under this section.
   89         (4) This section does not authorize the prosecution of any
   90  person in connection with a termination of pregnancy pursuant to
   91  chapter 390.
   92         (5) For purposes of this section, the definition of the
   93  term “unborn quick child” shall be determined in accordance with
   94  the definition of an unborn child viable fetus as set forth in
   95  s. 782.071.
   96         (6) An offense under this section does not require that the
   97  person engaging in the conduct:
   98         (a) Had knowledge or should have had knowledge that the
   99  victim of the underlying offense was pregnant; or
  100         (b) Intended to cause the death of, or bodily injury to,
  101  the unborn child.
  102         Section 4. Subsection (3) of section 316.193, Florida
  103  Statutes, is amended to read:
  104         316.193 Driving under the influence; penalties.—
  105         (3) Any person:
  106         (a) Who is in violation of subsection (1);
  107         (b) Who operates a vehicle; and
  108         (c) Who, by reason of such operation, causes or contributes
  109  to causing:
  110         1. Damage to the property or person of another commits a
  111  misdemeanor of the first degree, punishable as provided in s.
  112  775.082 or s. 775.083.
  113         2. Serious bodily injury to another, as defined in s.
  114  316.1933, commits a felony of the third degree, punishable as
  115  provided in s. 775.082, s. 775.083, or s. 775.084.
  116         3. The death of any human being or unborn quick child
  117  commits DUI manslaughter, and commits:
  118         a. A felony of the second degree, punishable as provided in
  119  s. 775.082, s. 775.083, or s. 775.084.
  120         b. A felony of the first degree, punishable as provided in
  121  s. 775.082, s. 775.083, or s. 775.084, if:
  122         (I) At the time of the crash, the person knew, or should
  123  have known, that the crash occurred; and
  124         (II) The person failed to give information and render aid
  125  as required by s. 316.062.
  126  
  127  For purposes of this subsection, the definition of the term
  128  “unborn quick child” shall be determined in accordance with the
  129  definition of an unborn child viable fetus as set forth in s.
  130  782.071. A person who is convicted of DUI manslaughter shall be
  131  sentenced to a mandatory minimum term of imprisonment of 4
  132  years.
  133         Section 5. Paragraph (g) of subsection (2) of section
  134  435.03, Florida Statutes, is amended to read:
  135         435.03 Level 1 screening standards.—
  136         (2) Any person for whom employment screening is required by
  137  statute must not have been found guilty of, regardless of
  138  adjudication, or entered a plea of nolo contendere or guilty to,
  139  any offense prohibited under any of the following provisions of
  140  the Florida Statutes or under any similar statute of another
  141  jurisdiction:
  142         (g) Section 782.09, relating to killing of an unborn quick
  143  child by injury to the mother.
  144         Section 6. Paragraph (g) of subsection (2) of section
  145  435.04, Florida Statutes, is amended to read:
  146         435.04 Level 2 screening standards.—
  147         (2) The security background investigations under this
  148  section must ensure that no persons subject to the provisions of
  149  this section have been found guilty of, regardless of
  150  adjudication, or entered a plea of nolo contendere or guilty to,
  151  any offense prohibited under any of the following provisions of
  152  the Florida Statutes or under any similar statute of another
  153  jurisdiction:
  154         (g) Section 782.09, relating to killing of an unborn quick
  155  child by injury to the mother.
  156         Section 7. Paragraph (g) of subsection (3) of section
  157  921.0022, Florida Statutes, is amended to read:
  158         921.0022 Criminal Punishment Code; offense severity ranking
  159  chart.—
  160         (3) OFFENSE SEVERITY RANKING CHART
  161         (g) LEVEL 7
  162  FloridaStatute     FelonyDegree               Description               
  163  316.027(1)(b)      1st      Accident involving death, failure to stop; leaving scene.
  164  316.193(3)(c)2.    3rd      DUI resulting in serious bodily injury.  
  165  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.
  166  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious bodily injury.
  167  402.319(2)         2nd      Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
  168  409.920(2)(b)1.a.  3rd      Medicaid provider fraud; $10,000 or less.
  169  409.920(2)(b)1.b.  2nd      Medicaid provider fraud; more than $10,000, but less than $50,000.
  170  456.065(2)         3rd      Practicing a health care profession without a license.
  171  456.065(2)         2nd      Practicing a health care profession without a license which results in serious bodily injury.
  172  458.327(1)         3rd      Practicing medicine without a license.   
  173  459.013(1)         3rd      Practicing osteopathic medicine without a license.
  174  460.411(1)         3rd      Practicing chiropractic medicine without a license.
  175  461.012(1)         3rd      Practicing podiatric medicine without a license.
  176  462.17             3rd      Practicing naturopathy without a license.
  177  463.015(1)         3rd      Practicing optometry without a license.  
  178  464.016(1)         3rd      Practicing nursing without a license.    
  179  465.015(2)         3rd      Practicing pharmacy without a license.   
  180  466.026(1)         3rd      Practicing dentistry or dental hygiene without a license.
  181  467.201            3rd      Practicing midwifery without a license.  
  182  468.366            3rd      Delivering respiratory care services without a license.
  183  483.828(1)         3rd      Practicing as clinical laboratory personnel without a license.
  184  483.901(9)         3rd      Practicing medical physics without a license.
  185  484.013(1)(c)      3rd      Preparing or dispensing optical devices without a prescription.
  186  484.053            3rd      Dispensing hearing aids without a license.
  187  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.
  188  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.
  189  560.125(5)(a)      3rd      Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
  190  655.50(10)(b)1.    3rd      Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
  191  775.21(10)(a)      3rd      Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
  192  775.21(10)(b)      3rd      Sexual predator working where children regularly congregate.
  193  775.21(10)(g)      3rd      Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
  194  782.051(3)         2nd      Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
  195  782.07(1)          2nd      Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
  196  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).
  197  782.072            2nd      Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
  198  784.045(1)(a)1.    2nd      Aggravated battery; intentionally causing great bodily harm or disfigurement.
  199  784.045(1)(a)2.    2nd      Aggravated battery; using deadly weapon. 
  200  784.045(1)(b)      2nd      Aggravated battery; perpetrator aware victim pregnant.
  201  784.048(4)         3rd      Aggravated stalking; violation of injunction or court order.
  202  784.048(7)         3rd      Aggravated stalking; violation of court order.
  203  784.07(2)(d)       1st      Aggravated battery on law enforcement officer.
  204  784.074(1)(a)      1st      Aggravated battery on sexually violent predators facility staff.
  205  784.08(2)(a)       1st      Aggravated battery on a person 65 years of age or older.
  206  784.081(1)         1st      Aggravated battery on specified official or employee.
  207  784.082(1)         1st      Aggravated battery by detained person on visitor or other detainee.
  208  784.083(1)         1st      Aggravated battery on code inspector.    
  209  790.07(4)          1st      Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
  210  790.16(1)          1st      Discharge of a machine gun under specified circumstances.
  211  790.165(2)         2nd      Manufacture, sell, possess, or deliver hoax bomb.
  212  790.165(3)         2nd      Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
  213  790.166(3)         2nd      Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
  214  790.166(4)         2nd      Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
  215  790.23             1st,PBL  Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
  216  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.
  217  796.03             2nd      Procuring any person under 16 years for prostitution.
  218  800.04(5)(c)1.     2nd      Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
  219  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.
  220  806.01(2)          2nd      Maliciously damage structure by fire or explosive.
  221  810.02(3)(a)       2nd      Burglary of occupied dwelling; unarmed; no assault or battery.
  222  810.02(3)(b)       2nd      Burglary of unoccupied dwelling; unarmed; no assault or battery.
  223  810.02(3)(d)       2nd      Burglary of occupied conveyance; unarmed; no assault or battery.
  224  810.02(3)(e)       2nd      Burglary of authorized emergency vehicle.
  225  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.
  226  812.014(2)(b)2.    2nd      Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
  227  812.014(2)(b)3.    2nd      Property stolen, emergency medical equipment; 2nd degree grand theft.
  228  812.014(2)(b)4.    2nd      Property stolen, law enforcement equipment from authorized emergency vehicle.
  229  812.0145(2)(a)     1st      Theft from person 65 years of age or older; $50,000 or more.
  230  812.019(2)         1st      Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
  231  812.131(2)(a)      2nd      Robbery by sudden snatching.             
  232  812.133(2)(b)      1st      Carjacking; no firearm, deadly weapon, or other weapon.
  233  817.234(8)(a)      2nd      Solicitation of motor vehicle accident victims with intent to defraud.
  234  817.234(9)         2nd      Organizing, planning, or participating in an intentional motor vehicle collision.
  235  817.234(11)(c)     1st      Insurance fraud; property value $100,000 or more.
  236  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.
  237  825.102(3)(b)      2nd      Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
  238  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.
  239  827.03(3)(b)       2nd      Neglect of a child causing great bodily harm, disability, or disfigurement.
  240  827.04(3)          3rd      Impregnation of a child under 16 years of age by person 21 years of age or older.
  241  837.05(2)          3rd      Giving false information about alleged capital felony to a law enforcement officer.
  242  838.015            2nd      Bribery.                                 
  243  838.016            2nd      Unlawful compensation or reward for official behavior.
  244  838.021(3)(a)      2nd      Unlawful harm to a public servant.       
  245  838.22             2nd      Bid tampering.                           
  246  847.0135(3)        3rd      Solicitation of a child, via a computer service, to commit an unlawful sex act.
  247  847.0135(4)        2nd      Traveling to meet a minor to commit an unlawful sex act.
  248  872.06             2nd      Abuse of a dead human body.              
  249  874.10             1st,PBL  Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
  250  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.
  251  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.
  252  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).
  253  893.135(1)(a)1.    1st      Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
  254  893.135(1)(b)1.a.  1st      Trafficking in cocaine, more than 28 grams, less than 200 grams.
  255  893.135(1)(c)1.a.  1st      Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
  256  893.135(1)(d)1.    1st      Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
  257  893.135(1)(e)1.    1st      Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
  258  893.135(1)(f)1.    1st      Trafficking in amphetamine, more than 14 grams, less than 28 grams.
  259  893.135(1)(g)1.a.  1st      Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
  260  893.135(1)(h)1.a.  1st      Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
  261  893.135(1)(j)1.a.  1st      Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
  262  893.135(1)(k)2.a.  1st      Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
  263  893.1351(2)        2nd      Possession of place for trafficking in or manufacturing of controlled substance.
  264  896.101(5)(a)      3rd      Money laundering, financial transactions exceeding $300 but less than $20,000.
  265  896.104(4)(a)1.    3rd      Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
  266  943.0435(4)(c)     2nd      Sexual offender vacating permanent residence; failure to comply with reporting requirements.
  267  943.0435(8)        2nd      Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
  268  943.0435(9)(a)     3rd      Sexual offender; failure to comply with reporting requirements.
  269  943.0435(13)       3rd      Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  270  943.0435(14)       3rd      Sexual offender; failure to report and reregister; failure to respond to address verification.
  271  944.607(9)         3rd      Sexual offender; failure to comply with reporting requirements.
  272  944.607(10)(a)     3rd      Sexual offender; failure to submit to the taking of a digitized photograph.
  273  944.607(12)        3rd      Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  274  944.607(13)        3rd      Sexual offender; failure to report and reregister; failure to respond to address verification.
  275  985.4815(10)       3rd      Sexual offender; failure to submit to the taking of a digitized photograph.
  276  985.4815(12)       3rd      Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  277  985.4815(13)       3rd      Sexual offender; failure to report and reregister; failure to respond to address verification.
  278         Section 8. This act shall take effect October 1, 2010.

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