Senate Bill 1254c1
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Florida Senate - 1998 CS for SB 1254
By the Committee on Criminal Justice and Senator Grant
307-1846-98
1 A bill to be entitled
2 An act relating to vehicular homicide; amending
3 s. 782.071, F.S.; redefining the offense of
4 "vehicular homicide" to include the killing of
5 a viable fetus by any injury to the mother
6 caused by the operation of a motor vehicle by
7 another; providing penalties; specifying when a
8 fetus is viable; providing a right of action
9 for civil damages; reenacting ss.
10 921.0012(3)(h) and 960.03(3), F.S., relating to
11 the offense severity ranking chart and the
12 definition of "crime" with respect to the
13 Florida Crimes Compensation Act, respectively,
14 to incorporate said amendment in references;
15 amending s. 921.0012, F.S., relating to the
16 offense severity ranking chart, to conform
17 terminology; providing an effective date.
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19 Be It Enacted by the Legislature of the State of Florida:
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21 Section 1. Section 782.071, Florida Statutes, is
22 amended to read:
23 782.071 Vehicular homicide.--"Vehicular homicide" is
24 the killing of a human being, or the killing of a viable fetus
25 by any injury to the mother caused by the operation of a motor
26 vehicle by another in a reckless manner likely to cause the
27 death of, or great bodily harm to, another. Vehicular homicide
28 is:
29 (1) A felony of the third degree, punishable as
30 provided in s. 775.082, s. 775.083, or s. 775.084.
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Florida Senate - 1998 CS for SB 1254
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1 (2) A felony of the second degree, punishable as
2 provided in s. 775.082, s. 775.083, or s. 775.084, if:
3 (a) At the time of the accident, the person knew, or
4 should have known, that the accident occurred; and
5 (b) The person failed to give information and render
6 aid as required by s. 316.062.
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8 This subsection does not require that the person knew that the
9 accident resulted in injury or death.
10 (3) For purposes of this section, a fetus is viable
11 when it becomes capable of meaningful life outside the womb
12 through standard medical measures.
13 (4) A right of action for civil damages shall exist
14 under s. 768.19, under all circumstances, for all deaths
15 described in this section.
16 Section 2. Paragraph (g) of subsection (3) of section
17 921.0022, Florida Statutes, is amended, and paragraph (h) of
18 subsection (3) of that section is reenacted, to read:
19 921.0022 Criminal Punishment Code; offense severity
20 ranking chart.--
21 (3) OFFENSE SEVERITY RANKING CHART
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23 Florida Felony
24 Statute Degree Description
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27 (g) LEVEL 7
28 316.193(3)(c)2. 3rd DUI resulting in serious bodily
29 injury.
30 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
31 bodily injury.
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Florida Senate - 1998 CS for SB 1254
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1 409.920(2) 3rd Medicaid provider fraud.
2 494.0018(2) 1st Conviction of any violation of
3 ss. 494.001-494.0077 in which the
4 total money and property
5 unlawfully obtained exceeded
6 $50,000 and there were five or
7 more victims.
8 782.07(1) 2nd Killing of a human being by the
9 act, procurement, or culpable
10 negligence of another
11 (manslaughter).
12 782.071 3rd Killing of human being or viable
13 fetus by the operation of a motor
14 vehicle in a reckless manner
15 (vehicular homicide).
16 782.072 3rd Killing of a human being by the
17 operation of a vessel in a
18 reckless manner (vessel
19 homicide).
20 784.045(1)(a)1. 2nd Aggravated battery; intentionally
21 causing great bodily harm or
22 disfigurement.
23 784.045(1)(a)2. 2nd Aggravated battery; using deadly
24 weapon.
25 784.045(1)(b) 2nd Aggravated battery; perpetrator
26 aware victim pregnant.
27 784.048(4) 3rd Aggravated stalking; violation of
28 injunction or court order.
29 784.07(2)(d) 1st Aggravated battery on law
30 enforcement officer.
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1 784.08(2)(a) 1st Aggravated battery on a person 65
2 years of age or older.
3 784.081(1) 1st Aggravated battery on specified
4 official or employee.
5 784.082(1) 1st Aggravated battery by detained
6 person on visitor or other
7 detainee.
8 790.07(4) 1st Specified weapons violation
9 subsequent to previous conviction
10 of s. 790.07(1) or (2).
11 790.16(1) 1st Discharge of a machine gun under
12 specified circumstances.
13 796.03 2nd Procuring any person under 16
14 years for prostitution.
15 800.04 2nd Handle, fondle, or assault child
16 under 16 years in lewd,
17 lascivious, or indecent manner.
18 806.01(2) 2nd Maliciously damage structure by
19 fire or explosive.
20 810.02(3)(a) 2nd Burglary of occupied dwelling;
21 unarmed; no assault or battery.
22 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
23 unarmed; no assault or battery.
24 810.02(3)(d) 2nd Burglary of occupied conveyance;
25 unarmed; no assault or battery.
26 812.014(2)(a) 1st Property stolen, valued at
27 $100,000 or more; property stolen
28 while causing other property
29 damage; 1st degree grand theft.
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Florida Senate - 1998 CS for SB 1254
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1 812.019(2) 1st Stolen property; initiates,
2 organizes, plans, etc., the theft
3 of property and traffics in
4 stolen property.
5 812.133(2)(b) 1st Carjacking; no firearm, deadly
6 weapon, or other weapon.
7 825.102(3)(b) 2nd Neglecting an elderly person or
8 disabled adult causing great
9 bodily harm, disability, or
10 disfigurement.
11 825.1025(2) 2nd Lewd or lascivious battery upon
12 an elderly person or disabled
13 adult.
14 825.103(2)(b) 2nd Exploiting an elderly person or
15 disabled adult and property is
16 valued at $20,000 or more, but
17 less than $100,000.
18 827.03(3)(b) 2nd Neglect of a child causing great
19 bodily harm, disability, or
20 disfigurement.
21 827.04(4) 3rd Impregnation of a child under 16
22 years of age by person 21 years
23 of age or older.
24 872.06 2nd Abuse of a dead human body.
25 893.13(1)(c)1. 1st Sell, manufacture, or deliver
26 cocaine (or other s.
27 893.03(1)(a), (1)(b), (1)(d),
28 (2)(a), or (2)(b) drugs) within
29 1,000 feet of a school.
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1 893.13(4)(a) 1st Deliver to minor cocaine (or
2 other s. 893.03(1)(a), (1)(b),
3 (1)(d), (2)(a), or (2)(b) drugs).
4 893.135(1)(a)1. 1st Trafficking in cannabis, more
5 than 50 lbs., less than 2,000
6 lbs.
7 893.135
8 (1)(b)1.a. 1st Trafficking in cocaine, more than
9 28 grams, less than 200 grams.
10 893.135
11 (1)(c)1.a. 1st Trafficking in illegal drugs,
12 more than 4 grams, less than 14
13 grams.
14 893.135
15 (1)(d)1. 1st Trafficking in phencyclidine,
16 more than 28 grams, less than 200
17 grams.
18 893.135(1)(e)1. 1st Trafficking in methaqualone, more
19 than 200 grams, less than 5
20 kilograms.
21 893.135(1)(f)1. 1st Trafficking in amphetamine, more
22 than 14 grams, less than 28
23 grams.
24 (h) LEVEL 8
25 316.193
26 (3)(c)3.a. 2nd DUI manslaughter.
27 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
28 777.03(2)(a) 1st Accessory after the fact, capital
29 felony.
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1 782.04(4) 2nd Killing of human without design
2 when engaged in act or attempt of
3 any felony other than arson,
4 sexual battery, robbery,
5 burglary, kidnapping, aircraft
6 piracy, or unlawfully discharging
7 bomb.
8 782.071(2) 2nd Committing vehicular homicide and
9 failing to render aid or give
10 information.
11 782.072(2) 2nd Committing vessel homicide and
12 failing to render aid or give
13 information.
14 790.161(3) 1st Discharging a destructive device
15 which results in bodily harm or
16 property damage.
17 794.011(5) 2nd Sexual battery, victim 12 years
18 or over, offender does not use
19 physical force likely to cause
20 serious injury.
21 806.01(1) 1st Maliciously damage dwelling or
22 structure by fire or explosive,
23 believing person in structure.
24 810.02(2)(a) 1st,PBL Burglary with assault or battery.
25 810.02(2)(b) 1st,PBL Burglary; armed with explosives
26 or dangerous weapon.
27 810.02(2)(c) 1st Burglary of a dwelling or
28 structure causing structural
29 damage or $1,000 or more property
30 damage.
31 812.13(2)(b) 1st Robbery with a weapon.
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Florida Senate - 1998 CS for SB 1254
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1 812.135(2) 1st Home-invasion robbery.
2 825.102(2) 2nd Aggravated abuse of an elderly
3 person or disabled adult.
4 825.103(2)(a) 1st Exploiting an elderly person or
5 disabled adult and property is
6 valued at $100,000 or more.
7 827.03(2) 2nd Aggravated child abuse.
8 860.121(2)(c) 1st Shooting at or throwing any
9 object in path of railroad
10 vehicle resulting in great bodily
11 harm.
12 860.16 1st Aircraft piracy.
13 893.13(1)(b) 1st Sell or deliver in excess of 10
14 grams of any substance specified
15 in s. 893.03(1)(a) or (b).
16 893.13(2)(b) 1st Purchase in excess of 10 grams of
17 any substance specified in s.
18 893.03(1)(a) or (b).
19 893.13(6)(c) 1st Possess in excess of 10 grams of
20 any substance specified in s.
21 893.03(1)(a) or (b).
22 893.135(1)(a)2. 1st Trafficking in cannabis, more
23 than 2,000 lbs., less than 10,000
24 lbs.
25 893.135
26 (1)(b)1.b. 1st Trafficking in cocaine, more than
27 200 grams, less than 400 grams.
28 893.135
29 (1)(c)1.b. 1st Trafficking in illegal drugs,
30 more than 14 grams, less than 28
31 grams.
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Florida Senate - 1998 CS for SB 1254
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1 893.135
2 (1)(d)1.b. 1st Trafficking in phencyclidine,
3 more than 200 grams, less than
4 400 grams.
5 893.135
6 (1)(e)1.b. 1st Trafficking in methaqualone, more
7 than 5 kilograms, less than 25
8 kilograms.
9 893.135
10 (1)(f)1.b. 1st Trafficking in amphetamine, more
11 than 28 grams, less than 200
12 grams.
13 895.03(1) 1st Use or invest proceeds derived
14 from pattern of racketeering
15 activity.
16 895.03(2) 1st Acquire or maintain through
17 racketeering activity any
18 interest in or control of any
19 enterprise or real property.
20 895.03(3) 1st Conduct or participate in any
21 enterprise through pattern of
22 racketeering activity.
23 Section 3. For the purpose of incorporating the
24 amendment made by this act to section 782.071, Florida
25 Statutes, in a reference thereto, paragraph (b) of subsection
26 (3) of section 960.03, Florida Statutes, is reenacted to read:
27 960.03 Definitions.--As used in ss. 960.01-960.28,
28 unless the context otherwise requires, the term:
29 (b) A violation of s. 316.193, s. 316.027(1), or s.
30 782.071(2), which results in physical injury or death;
31 however, no other act involving the operation of a motor
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1 vehicle, boat, or aircraft which results in injury or death
2 shall constitute a crime for the purpose of this chapter
3 unless the injury or death was intentionally inflicted through
4 the use of such vehicle, boat, or aircraft or unless such
5 vehicle, boat, or aircraft is an implement of a crime to which
6 this act applies.
7 Section 4. This act shall take effect October 1, 1998,
8 and shall apply to offenses committed on or after that date.
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10 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
11 Senate Bill 1254
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13 . Deletes the phrase "unborn quick child" and replaces it
with "viable fetus."
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. Provides a definition for "viable fetus."
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. Deletes the qualifier specifying that injury to the
16 mother must be one "which would be vehicular homicide if
it resulted in the death of such mother."
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. Provides a right of action for civil damages under s.
18 768.19, for all deaths described in the vehicular
homicide statute.
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