CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. HB 4233

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5

 6

 7

 8

 9

10                                                                

11  Senator Grant moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 15, between lines 13 and 14,

15

16  insert:

17         Section 9.  Section 782.071, Florida Statutes, is

18  amended to read:

19         782.071  Vehicular homicide.--"Vehicular homicide" is

20  the killing of a human being, or the killing of a viable fetus

21  by any injury to the mother caused by the operation of a motor

22  vehicle by another in a reckless manner likely to cause the

23  death of, or great bodily harm to, another. Vehicular homicide

24  is:

25         (1)  A felony of the third degree, punishable as

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

27         (2)  A felony of the second degree, punishable as

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

29         (a)  At the time of the accident, the person knew, or

30  should have known, that the accident occurred; and

31         (b)  The person failed to give information and render

                                  1
    11:23 AM   04/28/98                               h4233c-13k22




                                                  SENATE AMENDMENT

    Bill No. HB 4233

    Amendment No.    





 1  aid as required by s. 316.062.

 2

 3  This subsection does not require that the person knew that the

 4  accident resulted in injury or death.

 5         (3)  For purposes of this section, a fetus is viable if

 6  there is a reasonable degree of medical probability that it is

 7  capable of life outside the womb.

 8         (4)  A right of action for civil damages shall exist

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

10  described in this section.

11         Section 10.  Paragraph (g) of subsection (3) of section

12  921.0022, Florida Statutes, is amended, and paragraph (h) of

13  subsection (3) of that section is reenacted, to read:

14         921.0022  Criminal Punishment Code; offense severity

15  ranking chart.--

16         (3)  OFFENSE SEVERITY RANKING CHART

17

18  Florida           Felony

19  Statute           Degree             Description

20

21

22                              (g)  LEVEL 7

23  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

24                              injury.

25  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

26                              bodily injury.

27  409.920(2)         3rd      Medicaid provider fraud.

28  494.0018(2)        1st      Conviction of any violation of

29                              ss. 494.001-494.0077 in which the

30                              total money and property

31                              unlawfully obtained exceeded

                                  2
    11:23 AM   04/28/98                               h4233c-13k22




                                                  SENATE AMENDMENT

    Bill No. HB 4233

    Amendment No.    





 1                              $50,000 and there were five or

 2                              more victims.

 3  782.07(1)          2nd      Killing of a human being by the

 4                              act, procurement, or culpable

 5                              negligence of another

 6                              (manslaughter).

 7  782.071            3rd      Killing of human being or viable

 8                              fetus by the operation of a motor

 9                              vehicle in a reckless manner

10                              (vehicular homicide).

11  782.072            3rd      Killing of a human being by the

12                              operation of a vessel in a

13                              reckless manner (vessel

14                              homicide).

15  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

16                              causing great bodily harm or

17                              disfigurement.

18  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

19                              weapon.

20  784.045(1)(b)      2nd      Aggravated battery; perpetrator

21                              aware victim pregnant.

22  784.048(4)         3rd      Aggravated stalking; violation of

23                              injunction or court order.

24  784.07(2)(d)       1st      Aggravated battery on law

25                              enforcement officer.

26  784.08(2)(a)       1st      Aggravated battery on a person 65

27                              years of age or older.

28  784.081(1)         1st      Aggravated battery on specified

29                              official or employee.

30  784.082(1)         1st      Aggravated battery by detained

31                              person on visitor or other

                                  3
    11:23 AM   04/28/98                               h4233c-13k22




                                                  SENATE AMENDMENT

    Bill No. HB 4233

    Amendment No.    





 1                              detainee.

 2  790.07(4)          1st      Specified weapons violation

 3                              subsequent to previous conviction

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

 5  790.16(1)          1st      Discharge of a machine gun under

 6                              specified circumstances.

 7  796.03             2nd      Procuring any person under 16

 8                              years for prostitution.

 9  800.04             2nd      Handle, fondle, or assault child

10                              under 16 years in lewd,

11                              lascivious, or indecent manner.

12  806.01(2)          2nd      Maliciously damage structure by

13                              fire or explosive.

14  810.02(3)(a)       2nd      Burglary of occupied dwelling;

15                              unarmed; no assault or battery.

16  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

17                              unarmed; no assault or battery.

18  810.02(3)(d)       2nd      Burglary of occupied conveyance;

19                              unarmed; no assault or battery.

20  812.014(2)(a)      1st      Property stolen, valued at

21                              $100,000 or more; property stolen

22                              while causing other property

23                              damage; 1st degree grand theft.

24  812.019(2)         1st      Stolen property; initiates,

25                              organizes, plans, etc., the theft

26                              of property and traffics in

27                              stolen property.

28  812.133(2)(b)      1st      Carjacking; no firearm, deadly

29                              weapon, or other weapon.

30  825.102(3)(b)      2nd      Neglecting an elderly person or

31                              disabled adult causing great

                                  4
    11:23 AM   04/28/98                               h4233c-13k22




                                                  SENATE AMENDMENT

    Bill No. HB 4233

    Amendment No.    





 1                              bodily harm, disability, or

 2                              disfigurement.

 3  825.1025(2)        2nd      Lewd or lascivious battery upon

 4                              an elderly person or disabled

 5                              adult.

 6  825.103(2)(b)      2nd      Exploiting an elderly person or

 7                              disabled adult and property is

 8                              valued at $20,000 or more, but

 9                              less than $100,000.

10  827.03(3)(b)       2nd      Neglect of a child causing great

11                              bodily harm, disability, or

12                              disfigurement.

13  827.04(4)          3rd      Impregnation of a child under 16

14                              years of age by person 21 years

15                              of age or older.

16  872.06             2nd      Abuse of a dead human body.

17  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

18                              cocaine (or other s.

19                              893.03(1)(a), (1)(b), (1)(d),

20                              (2)(a), or (2)(b) drugs) within

21                              1,000 feet of a school.

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), or (2)(b) drugs).

25  893.135(1)(a)1.    1st      Trafficking in cannabis, more

26                              than 50 lbs., less than 2,000

27                              lbs.

28  893.135

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

30                              28 grams, less than 200 grams.

31

                                  5
    11:23 AM   04/28/98                               h4233c-13k22




                                                  SENATE AMENDMENT

    Bill No. HB 4233

    Amendment No.    





 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                              (h)  LEVEL 8

16  316.193

17   (3)(c)3.a.        2nd      DUI manslaughter.

18  327.35(3)(c)3.     2nd      Vessel BUI manslaughter.

19  777.03(2)(a)       1st      Accessory after the fact, capital

20                              felony.

21  782.04(4)          2nd      Killing of human without design

22                              when engaged in act or attempt of

23                              any felony other than arson,

24                              sexual battery, robbery,

25                              burglary, kidnapping, aircraft

26                              piracy, or unlawfully discharging

27                              bomb.

28  782.071(2)         2nd      Committing vehicular homicide and

29                              failing to render aid or give

30                              information.

31

                                  6
    11:23 AM   04/28/98                               h4233c-13k22




                                                  SENATE AMENDMENT

    Bill No. HB 4233

    Amendment No.    





 1  782.072(2)         2nd      Committing vessel homicide and

 2                              failing to render aid or give

 3                              information.

 4  790.161(3)         1st      Discharging a destructive device

 5                              which results in bodily harm or

 6                              property damage.

 7  794.011(5)         2nd      Sexual battery, victim 12 years

 8                              or over, offender does not use

 9                              physical force likely to cause

10                              serious injury.

11  806.01(1)          1st      Maliciously damage dwelling or

12                              structure by fire or explosive,

13                              believing person in structure.

14  810.02(2)(a)       1st,PBL  Burglary with assault or battery.

15  810.02(2)(b)       1st,PBL  Burglary; armed with explosives

16                              or dangerous weapon.

17  810.02(2)(c)       1st      Burglary of a dwelling or

18                              structure causing structural

19                              damage or $1,000 or more property

20                              damage.

21  812.13(2)(b)       1st      Robbery with a weapon.

22  812.135(2)         1st      Home-invasion robbery.

23  825.102(2)         2nd      Aggravated abuse of an elderly

24                              person or disabled adult.

25  825.103(2)(a)      1st      Exploiting an elderly person or

26                              disabled adult and property is

27                              valued at $100,000 or more.

28  827.03(2)          2nd      Aggravated child abuse.

29  860.121(2)(c)      1st      Shooting at or throwing any

30                              object in path of railroad

31                              vehicle resulting in great bodily

                                  7
    11:23 AM   04/28/98                               h4233c-13k22




                                                  SENATE AMENDMENT

    Bill No. HB 4233

    Amendment No.    





 1                              harm.

 2  860.16             1st      Aircraft piracy.

 3  893.13(1)(b)       1st      Sell or deliver in excess of 10

 4                              grams of any substance specified

 5                              in s. 893.03(1)(a) or (b).

 6  893.13(2)(b)       1st      Purchase in excess of 10 grams of

 7                              any substance specified in s.

 8                              893.03(1)(a) or (b).

 9  893.13(6)(c)       1st      Possess in excess of 10 grams of

10                              any substance specified in s.

11                              893.03(1)(a) or (b).

12  893.135(1)(a)2.    1st      Trafficking in cannabis, more

13                              than 2,000 lbs., less than 10,000

14                              lbs.

15  893.135

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

17                              200 grams, less than 400 grams.

18  893.135

19   (1)(c)1.b.        1st      Trafficking in illegal drugs,

20                              more than 14 grams, less than 28

21                              grams.

22  893.135

23   (1)(d)1.b.        1st      Trafficking in phencyclidine,

24                              more than 200 grams, less than

25                              400 grams.

26  893.135

27   (1)(e)1.b.        1st      Trafficking in methaqualone, more

28                              than 5 kilograms, less than 25

29                              kilograms.

30  893.135

31   (1)(f)1.b.        1st      Trafficking in amphetamine, more

                                  8
    11:23 AM   04/28/98                               h4233c-13k22




                                                  SENATE AMENDMENT

    Bill No. HB 4233

    Amendment No.    





 1                              than 28 grams, less than 200

 2                              grams.

 3  895.03(1)          1st      Use or invest proceeds derived

 4                              from pattern of racketeering

 5                              activity.

 6  895.03(2)          1st      Acquire or maintain through

 7                              racketeering activity any

 8                              interest in or control of any

 9                              enterprise or real property.

10  895.03(3)          1st      Conduct or participate in any

11                              enterprise through pattern of

12                              racketeering activity.

13         Section 11.  For the purpose of incorporating the

14  amendment made by this act to section 782.071, Florida

15  Statutes, in a reference thereto, paragraph (b) of subsection

16  (3) of section 960.03, Florida Statutes, is reenacted to read:

17         960.03  Definitions.--As used in ss. 960.01-960.28,

18  unless the context otherwise requires, the term:

19         (b)  A violation of s. 316.193, s. 316.027(1), or s.

20  782.071(2), which results in physical injury or death;

21  however, no other act involving the operation of a motor

22  vehicle, boat, or aircraft which results in injury or death

23  shall constitute a crime for the purpose of this chapter

24  unless the injury or death was intentionally inflicted through

25  the use of such vehicle, boat, or aircraft or unless such

26  vehicle, boat, or aircraft is an implement of a crime to which

27  this act applies.

28

29  (Redesignate subsequent sections.)

30

31

                                  9
    11:23 AM   04/28/98                               h4233c-13k22




                                                  SENATE AMENDMENT

    Bill No. HB 4233

    Amendment No.    





 1  ================ T I T L E   A M E N D M E N T ===============

 2  And the title is amended as follows:

 3         On page 1, line 24, after the semicolon

 4

 5  insert:

 6         amending s. 782.071, F.S.; redefining the

 7         offense of "vehicular homicide" to include the

 8         killing of a viable fetus by any injury to the

 9         mother caused by the operation of a motor

10         vehicle by another; providing penalties;

11         specifying when a fetus is viable; providing a

12         right of action for civil damages; reenacting

13         ss. 921.0012(3)(h) and 960.03(3), F.S.,

14         relating to the offense severity ranking chart

15         and the definition of "crime" with respect to

16         the Florida Crimes Compensation Act,

17         respectively, to incorporate said amendment in

18         references; amending s. 921.0012, F.S.,

19         relating to the offense severity ranking chart,

20         to conform terminology;

21

22

23

24

25

26

27

28

29

30

31

                                  10
    11:23 AM   04/28/98                               h4233c-13k22