Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 102
       
       
       
       
       
       
                                Ì300572ÆÎ300572                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/09/2014           .                                
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       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. This act may be cited as the “Aaron Cohen Life
    6  Protection Act.”
    7         Section 2. Section 316.027, Florida Statutes, is amended to
    8  read:
    9         316.027 Crash involving death or personal injuries.—
   10         (1) As used in this section, the term:
   11         (a) “Serious bodily injury” means an injury to a person,
   12  including the driver, which consists of a physical condition
   13  that creates a substantial risk of death, serious personal
   14  disfigurement, or protracted loss or impairment of the function
   15  of a bodily member or organ.
   16         (b) Vulnerable road user” means:
   17         1. A pedestrian, including a person actually engaged in
   18  work upon a highway, or in work upon utility facilities along a
   19  highway, or engaged in the provision of emergency services
   20  within the right-of-way;
   21         2. A person operating a bicycle, motorcycle, scooter, or
   22  moped lawfully on the roadway;
   23         3. A person riding an animal; or
   24         4. A person lawfully operating on a public right-of-way,
   25  crosswalk, or shoulder of the roadway:
   26         a. A farm tractor or similar vehicle designed primarily for
   27  farm use;
   28         b. A skateboard, roller skates, or in-line skates;
   29         c. A horse-drawn carriage;
   30         d. An electric personal assistive mobility device; or
   31         e. A wheelchair.
   32         (2)(1)(a) The driver of a any vehicle involved in a crash
   33  occurring on public or private property which that results in
   34  injury to a of any person other than serious bodily injury shall
   35  must immediately stop the vehicle at the scene of the crash, or
   36  as close thereto as possible, and shall must remain at the scene
   37  of the crash until he or she has fulfilled the requirements of
   38  s. 316.062. A Any person who willfully violates this paragraph
   39  commits a felony of the third degree, punishable as provided in
   40  s. 775.082, s. 775.083, or s. 775.084.
   41         (b)The driver of a vehicle involved in a crash occurring
   42  on public or private property which results in serious bodily
   43  injury to a person shall immediately stop the vehicle at the
   44  scene of the crash, or as close thereto as possible, and shall
   45  remain at the scene of the crash until he or she has fulfilled
   46  the requirements of s. 316.062. A person who willfully violates
   47  this paragraph commits a felony of the second degree, punishable
   48  as provided in s. 775.082, s. 775.083, or s. 775.084.
   49         (c)(b) The driver of a any vehicle involved in a crash
   50  occurring on public or private property which that results in
   51  the death of a any person shall must immediately stop the
   52  vehicle at the scene of the crash, or as close thereto as
   53  possible, and shall must remain at the scene of the crash until
   54  he or she has fulfilled the requirements of s. 316.062. A person
   55  who is arrested for a violation of this paragraph and who has
   56  previously been convicted of a violation of this section, s.
   57  316.061, s. 316.191, or s. 316.193, or a felony violation of s.
   58  322.34, shall be held in custody until brought before the court
   59  for admittance to bail in accordance with chapter 903. A Any
   60  person who willfully violates this paragraph commits a felony of
   61  the first degree, punishable as provided in s. 775.082, s.
   62  775.083, or s. 775.084, and shall be sentenced to a mandatory
   63  minimum term of imprisonment of 4 years. A Any person who
   64  willfully commits such a violation while driving under the
   65  influence as set forth in s. 316.193(1) shall be sentenced to a
   66  mandatory minimum term of imprisonment of 4 2 years.
   67         (d)(c) Notwithstanding s. 775.089(1)(a), if the driver of a
   68  vehicle violates paragraph (a), or paragraph (b), or paragraph
   69  (c), the court shall order the driver to make restitution to the
   70  victim for any damage or loss unless the court finds clear and
   71  compelling reasons not to order the restitution. Restitution may
   72  be monetary or nonmonetary restitution. The court shall make the
   73  payment of restitution a condition of probation in accordance
   74  with s. 948.03. An order requiring the defendant to make
   75  restitution to a victim does not remove or diminish the
   76  requirement that the court order payment to the Crimes
   77  Compensation Trust Fund under chapter 960. Payment of an award
   78  by the Crimes Compensation Trust Fund creates an order of
   79  restitution to the Crimes Compensation Trust Fund unless
   80  specifically waived in accordance with s. 775.089(1)(b).
   81         (e)A driver who violates paragraph (a), paragraph (b), or
   82  paragraph (c) shall:
   83         1.Have his or her driver license revoked for at least 3
   84  years as provided in s. 322.28(4);
   85         2.Participate in a victim’s impact panel session in a
   86  judicial circuit if such a panel exists; or
   87         3. Participate in a driver education course relating to the
   88  rights of vulnerable road users relative to vehicles on the
   89  roadway.
   90         (f) For purposes of sentencing under chapter 921 and
   91  determining incentive gain-time eligibility under chapter 944,
   92  an offense listed in this subsection is ranked one level above
   93  the ranking specified in s. 921.0022 or s. 921.0023 for the
   94  offense committed if the victim of the offense was a vulnerable
   95  road user.
   96         (g) The defendant may move to depart from the mandatory
   97  minimum term of imprisonment prescribed in paragraph (c) unless
   98  the violation was committed while the defendant was driving
   99  under the influence. The state may object to this departure. The
  100  court may grant the motion only if it finds that a factor,
  101  consideration, or circumstance clearly demonstrates that
  102  imposing a mandatory minimum term of imprisonment would
  103  constitute or result in an injustice. The court shall state in
  104  open court the basis for granting the motion.
  105         (2) The department shall revoke the driver’s license of the
  106  person so convicted.
  107         (3) The stops shall Every stop must be made without
  108  unnecessarily obstructing traffic more than is necessary, and,
  109  if a damaged vehicle is obstructing traffic, the driver of the
  110  vehicle shall must make every reasonable effort to move the
  111  vehicle or have it moved so as not to obstruct the regular flow
  112  of traffic. A Any person who fails to comply with this
  113  subsection shall be cited for a nonmoving violation, punishable
  114  as provided in chapter 318.
  115         (4) In addition to any other civil, criminal, or
  116  administrative penalty imposed, a person whose commission of a
  117  noncriminal traffic infraction or a any violation of this
  118  chapter or s. 1006.66 causes or results in the death of another
  119  person may, in addition to any other civil, criminal, or
  120  administrative penalty imposed, be required by the court to
  121  serve 120 community service hours in a trauma center or hospital
  122  that regularly receives victims of vehicle accidents, under the
  123  supervision of a registered nurse, an emergency room physician,
  124  or an emergency medical technician pursuant to a voluntary
  125  community service program operated by the trauma center or
  126  hospital.
  127         (5) This section does not apply to crashes occurring during
  128  a motorsports event, as defined in s. 549.10(1), or at a closed
  129  course motorsport facility, as defined in s. 549.09(1).
  130         Section 3. Subsection (4) of section 322.28, Florida
  131  Statutes, is amended to read:
  132         322.28 Period of suspension or revocation.—
  133         (4)(a) Upon a conviction for a violation of s.
  134  316.193(3)(c)2., involving serious bodily injury, a conviction
  135  of manslaughter resulting from the operation of a motor vehicle,
  136  or a conviction of vehicular homicide, the court shall revoke
  137  the driver license of the person convicted for a minimum period
  138  of 3 years. If a conviction under s. 316.193(3)(c)2., involving
  139  serious bodily injury, is also a subsequent conviction as
  140  described under paragraph (2)(a), the court shall revoke the
  141  driver license or driving privilege of the person convicted for
  142  the period applicable as provided in paragraph (2)(a) or
  143  paragraph (2)(d).
  144         (b)Upon a conviction for a violation of s. 316.027(2)(a),
  145  s. 316.027(2)(b), or s. 316.027(2)(c) involving injury, serious
  146  bodily injury, or death, the court shall revoke the driver
  147  license of the person convicted for a minimum period of 3 years.
  148         (c)(b) If the period of revocation was not specified by the
  149  court at the time of imposing sentence or within 30 days
  150  thereafter, the department shall revoke the driver license for
  151  the minimum period applicable under paragraph (a) or paragraph
  152  (b) or, for a subsequent conviction, for the minimum period
  153  applicable under paragraph (2)(a) or paragraph (2)(d).
  154         Section 4. For the purpose of incorporating the amendment
  155  made by this act to section 322.28, Florida Statutes, in a
  156  reference thereto, subsection (6) of section 322.34, Florida
  157  Statutes, is reenacted and amended to read:
  158         322.34 Driving while license suspended, revoked, canceled,
  159  or disqualified.—
  160         (6) Any person who operates a motor vehicle:
  161         (a) Without having a driver’s license as required under s.
  162  322.03; or
  163         (b) While his or her driver’s license or driving privilege
  164  is canceled, suspended, or revoked pursuant to s. 316.655, s.
  165  322.26(8), s. 322.27(2), or s. 322.28(2) or (4),
  166  
  167  and who by careless or negligent operation of the motor vehicle
  168  causes the death of or serious bodily injury to another human
  169  being commits is guilty of a felony of the third degree,
  170  punishable as provided in s. 775.082 or s. 775.083.
  171         Section 5. Paragraphs (e) through (g) of subsection (3) of
  172  section 921.0022, Florida Statutes, are amended to read:
  173         921.0022 Criminal Punishment Code; offense severity ranking
  174  chart.—
  175         (3) OFFENSE SEVERITY RANKING CHART
  176         (e) LEVEL 5
  177  
  178                                                                      
  179  FloridaStatute                  FelonyDegree      Description       
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  229         (f) LEVEL 6
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  231                                                                     
  232  FloridaStatute              FelonyDegree        Description        
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  289  (g) LEVEL 7
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  291                                                                     
  292  FloridaStatute               FelonyDegree       Description        
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  417         Section 6. This act shall take effect July 1, 2014.
  418  
  419  ================= T I T L E  A M E N D M E N T ================
  420  And the title is amended as follows:
  421         Delete everything before the enacting clause
  422  and insert:
  423                        A bill to be entitled                      
  424         An act relating to drivers leaving the scene of a
  425         crash; creating the “Aaron Cohen Life Protection Act”;
  426         amending s. 316.027, F.S.; redefining the term
  427         “serious bodily injury” and defining the term
  428         “vulnerable road user”; requiring the driver of a
  429         vehicle involved in a crash that results in serious
  430         bodily injury to a person to immediately stop the
  431         vehicle and remain at the scene of the crash;
  432         providing that a person commits a felony of the second
  433         degree if he or she fails to stop the vehicle and
  434         remain at the scene of the crash until specified
  435         requirements are fulfilled; requiring the court to
  436         impose a mandatory minimum term of imprisonment under
  437         certain circumstances; requiring the revocation of the
  438         driver’s driver license; requiring the driver to
  439         participate in specified programs; providing for
  440         ranking of an offense committed if the victim of the
  441         offense was a vulnerable road user; authorizing the
  442         defendant to move to depart from the mandatory minimum
  443         term of imprisonment under certain circumstances;
  444         providing requirements and procedures for such
  445         departure; amending s. 322.28, F.S.; requiring the
  446         court to revoke for at least 3 years the driver
  447         license of a person convicted of leaving the scene of
  448         a crash involving injury, serious bodily injury, or
  449         death; reenacting and amending s. 322.34(6), F.S.,
  450         relating to driving while a driver license is
  451         suspended, revoked, canceled, or disqualified, to
  452         incorporate the amendment to s. 322.28, F.S., in a
  453         reference thereto; amending s. 921.0022, F.S.;
  454         revising the offense severity ranking chart;
  455         conforming a cross-reference; providing an effective
  456         date.