Senate Bill sb1038e1
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1 A bill to be entitled
2 An act relating to homicide of an unborn quick
3 child; amending s. 316.193, F.S.; including the
4 death of an unborn quick child under DUI
5 manslaughter; amending s. 782.071, F.S.; making
6 the killing of an unborn quick child rather
7 than the killing of a viable fetus a "vehicular
8 homicide"; deleting a provision describing the
9 viability of a fetus; amending s. 782.09, F.S.;
10 providing that killing an unborn quick child by
11 injury to the mother which would be murder in
12 any degree if it resulted in the death of the
13 mother is murder in the same degree; providing
14 penalties; providing that the unlawful killing
15 of an unborn quick child by injury to the
16 mother which would be manslaughter if it
17 resulted in the death of the mother is
18 manslaughter; providing penalties; providing
19 that the death of the mother does not bar
20 prosecution under specified circumstances;
21 providing that the section does not authorize
22 prosecution of a person in connection with a
23 termination of pregnancy; providing a claim for
24 civil damages; amending ss. 921.0022, 960.03,
25 F.S., relating to the Criminal Punishment Code
26 offense severity ranking chart and the
27 definition of "crime" with respect to the
28 Florida Crimes Compensation Act; conforming
29 provisions to changes made by the act;
30 providing an effective date.
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1 Be It Enacted by the Legislature of the State of Florida:
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3 Section 1. Subsection (3) of section 316.193, Florida
4 Statutes, is amended to read:
5 316.193 Driving under the influence; penalties.--
6 (3) Any person:
7 (a) Who is in violation of subsection (1);
8 (b) Who operates a vehicle; and
9 (c) Who, by reason of such operation, causes:
10 1. Damage to the property or person of another commits
11 a misdemeanor of the first degree, punishable as provided in
12 s. 775.082 or s. 775.083.
13 2. Serious bodily injury to another, as defined in s.
14 316.1933, commits a felony of the third degree, punishable as
15 provided in s. 775.082, s. 775.083, or s. 775.084.
16 3. The death of any human being or unborn quick child
17 commits DUI manslaughter, and commits:
18 a. A felony of the second degree, punishable as
19 provided in s. 775.082, s. 775.083, or s. 775.084.
20 b. A felony of the first degree, punishable as
21 provided in s. 775.082, s. 775.083, or s. 775.084, if:
22 (I) At the time of the crash, the person knew, or
23 should have known, that the crash occurred; and
24 (II) The person failed to give information and render
25 aid as required by s. 316.062.
26 Section 2. Section 782.071, Florida Statutes, is
27 amended to read:
28 782.071 Vehicular homicide.--"Vehicular homicide" is
29 the killing of a human being, or the killing of an unborn
30 quick child a viable fetus by any injury to the mother, caused
31 by the operation of a motor vehicle by another in a reckless
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1 manner likely to cause the death of, or great bodily harm to,
2 another. Vehicular homicide is:
3 (1) A felony of the second degree, punishable as
4 provided in s. 775.082, s. 775.083, or s. 775.084.
5 (2) A felony of the first degree, punishable as
6 provided in s. 775.082, s. 775.083, or s. 775.084, if:
7 (a) At the time of the accident, the person knew, or
8 should have known, that the accident occurred; and
9 (b) The person failed to give information and render
10 aid as required by s. 316.062.
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12 This subsection does not require that the person knew that the
13 accident resulted in injury or death.
14 (3) For purposes of this section, a fetus is viable
15 when it becomes capable of meaningful life outside the womb
16 through standard medical measures.
17 (3)(4) A right of action for civil damages shall exist
18 under s. 768.19, under all circumstances, for all deaths
19 described in this section.
20 Section 3. Section 782.09, Florida Statutes, is
21 amended to read:
22 782.09 Killing of unborn child by injury to mother.--
23 (1) The unlawful willful killing of an unborn quick
24 child, by any injury to the mother of such child which would
25 be murder if it resulted in the death of such mother, shall be
26 deemed murder in the same degree as that which would have been
27 committed against the mother. A person who unlawfully kills an
28 unborn quick child by any injury to the mother:
29 (a) Which would be murder in the first degree
30 constituting a capital felony if it resulted in the mother's
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1 death commits murder in the first degree constituting a
2 capital felony, punishable as provided in s. 775.082.
3 (b) Which would be murder in the second degree if it
4 resulted in the mother's death commits murder in the second
5 degree, a felony of the first degree, punishable as provided
6 in s. 775.082, s. 775.083, or s. 775.084.
7 (c) Which would be murder in the third degree if it
8 resulted in the mother's death commits murder in the third
9 degree, manslaughter, a felony of the second degree,
10 punishable as provided in s. 775.082, s. 775.083, or s.
11 775.084.
12 (2) The unlawful killing of an unborn quick child, by
13 any injury to the mother of such child which would be
14 manslaughter if it resulted in the death of such mother, shall
15 be deemed manslaughter. A person who unlawfully kills an
16 unborn quick child by any injury to the mother which would be
17 manslaughter if it resulted in the mother's death commits
18 manslaughter, a felony of the second degree, punishable as
19 provided in s. 775.082, s. 775.083, or s. 775.084.
20 (3) The death of the mother resulting from the same
21 act or criminal episode which caused the death of the unborn
22 quick child shall not bar prosecution under this section.
23 (4) This section does not authorize the prosecution of
24 any person in connection with a termination of pregnancy
25 pursuant to chapter 390.
26 Section 4. Paragraphs (g) and (h) of subsection (3) of
27 section 921.0022, Florida Statutes, are amended to read:
28 921.0022 Criminal Punishment Code; offense severity
29 ranking chart.--
30 (3) OFFENSE SEVERITY RANKING CHART
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1 Florida Felony
2 Statute Degree Description
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5 (g) LEVEL 7
6 316.193(3)(c)2. 3rd DUI resulting in serious bodily
7 injury.
8 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
9 bodily injury.
10 402.319(2) 2nd Misrepresentation and negligence
11 or intentional act resulting in
12 great bodily harm, permanent
13 disfiguration, permanent
14 disability, or death.
15 409.920(2) 3rd Medicaid provider fraud.
16 456.065(2) 3rd Practicing a health care
17 profession without a license.
18 456.065(2) 2nd Practicing a health care
19 profession without a license
20 which results in serious bodily
21 injury.
22 458.327(1) 3rd Practicing medicine without a
23 license.
24 459.013(1) 3rd Practicing osteopathic medicine
25 without a license.
26 460.411(1) 3rd Practicing chiropractic medicine
27 without a license.
28 461.012(1) 3rd Practicing podiatric medicine
29 without a license.
30 462.17 3rd Practicing naturopathy without a
31 license.
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1 463.015(1) 3rd Practicing optometry without a
2 license.
3 464.016(1) 3rd Practicing nursing without a
4 license.
5 465.015(2) 3rd Practicing pharmacy without a
6 license.
7 466.026(1) 3rd Practicing dentistry or dental
8 hygiene without a license.
9 467.201 3rd Practicing midwifery without a
10 license.
11 468.366 3rd Delivering respiratory care
12 services without a license.
13 483.828(1) 3rd Practicing as clinical laboratory
14 personnel without a license.
15 483.901(9) 3rd Practicing medical physics
16 without a license.
17 484.053 3rd Dispensing hearing aids without a
18 license.
19 494.0018(2) 1st Conviction of any violation of
20 ss. 494.001-494.0077 in which the
21 total money and property
22 unlawfully obtained exceeded
23 $50,000 and there were five or
24 more victims.
25 560.123(8)(b)1. 3rd Failure to report currency or
26 payment instruments exceeding
27 $300 but less than $20,000 by
28 money transmitter.
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1 560.125(5)(a) 3rd Money transmitter business by
2 unauthorized person, currency or
3 payment instruments exceeding
4 $300 but less than $20,000.
5 655.50(10)(b)1. 3rd Failure to report financial
6 transactions exceeding $300 but
7 less than $20,000 by financial
8 institution.
9 782.051(3) 2nd Attempted felony murder of a
10 person by a person other than the
11 perpetrator or the perpetrator of
12 an attempted felony.
13 782.07(1) 2nd Killing of a human being by the
14 act, procurement, or culpable
15 negligence of another
16 (manslaughter).
17 782.071 2nd Killing of human being or unborn
18 quick child viable fetus by the
19 operation of a motor vehicle in a
20 reckless manner (vehicular
21 homicide).
22 782.072 2nd Killing of a human being by the
23 operation of a vessel in a
24 reckless manner (vessel
25 homicide).
26 784.045(1)(a)1. 2nd Aggravated battery; intentionally
27 causing great bodily harm or
28 disfigurement.
29 784.045(1)(a)2. 2nd Aggravated battery; using deadly
30 weapon.
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1 784.045(1)(b) 2nd Aggravated battery; perpetrator
2 aware victim pregnant.
3 784.048(4) 3rd Aggravated stalking; violation of
4 injunction or court order.
5 784.07(2)(d) 1st Aggravated battery on law
6 enforcement officer.
7 784.08(2)(a) 1st Aggravated battery on a person 65
8 years of age or older.
9 784.081(1) 1st Aggravated battery on specified
10 official or employee.
11 784.082(1) 1st Aggravated battery by detained
12 person on visitor or other
13 detainee.
14 784.083(1) 1st Aggravated battery on code
15 inspector.
16 790.07(4) 1st Specified weapons violation
17 subsequent to previous conviction
18 of s. 790.07(1) or (2).
19 790.16(1) 1st Discharge of a machine gun under
20 specified circumstances.
21 790.166(3) 2nd Possessing, selling, using, or
22 attempting to use a hoax weapon
23 of mass destruction.
24 796.03 2nd Procuring any person under 16
25 years for prostitution.
26 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
27 victim less than 12 years of age;
28 offender less than 18 years.
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1 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
2 victim 12 years of age or older
3 but less than 16 years; offender
4 18 years or older.
5 806.01(2) 2nd Maliciously damage structure by
6 fire or explosive.
7 810.02(3)(a) 2nd Burglary of occupied dwelling;
8 unarmed; no assault or battery.
9 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
10 unarmed; no assault or battery.
11 810.02(3)(d) 2nd Burglary of occupied conveyance;
12 unarmed; no assault or battery.
13 812.014(2)(a) 1st Property stolen, valued at
14 $100,000 or more; property stolen
15 while causing other property
16 damage; 1st degree grand theft.
17 812.019(2) 1st Stolen property; initiates,
18 organizes, plans, etc., the theft
19 of property and traffics in
20 stolen property.
21 812.131(2)(a) 2nd Robbery by sudden snatching.
22 812.133(2)(b) 1st Carjacking; no firearm, deadly
23 weapon, or other weapon.
24 825.102(3)(b) 2nd Neglecting an elderly person or
25 disabled adult causing great
26 bodily harm, disability, or
27 disfigurement.
28 825.1025(2) 2nd Lewd or lascivious battery upon
29 an elderly person or disabled
30 adult.
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1 825.103(2)(b) 2nd Exploiting an elderly person or
2 disabled adult and property is
3 valued at $20,000 or more, but
4 less than $100,000.
5 827.03(3)(b) 2nd Neglect of a child causing great
6 bodily harm, disability, or
7 disfigurement.
8 827.04(3) 3rd Impregnation of a child under 16
9 years of age by person 21 years
10 of age or older.
11 837.05(2) 3rd Giving false information about
12 alleged capital felony to a law
13 enforcement officer.
14 872.06 2nd Abuse of a dead human body.
15 893.13(1)(c)1. 1st Sell, manufacture, or deliver
16 cocaine (or other drug prohibited
17 under s. 893.03(1)(a), (1)(b),
18 (1)(d), (2)(a), (2)(b), or
19 (2)(c)4.) within 1,000 feet of a
20 child care facility or school.
21 893.13(1)(e)1. 1st Sell, manufacture, or deliver
22 cocaine or other drug prohibited
23 under s. 893.03(1)(a), (1)(b),
24 (1)(d), (2)(a), (2)(b), or
25 (2)(c)4., within 1,000 feet of
26 property used for religious
27 services or a specified business
28 site.
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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), (2)(b), or
4 (2)(c)4. drugs).
5 893.135(1)(a)1. 1st Trafficking in cannabis, more
6 than 50 lbs., less than 2,000
7 lbs.
8 893.135
9 (1)(b)1.a. 1st Trafficking in cocaine, more than
10 28 grams, less than 200 grams.
11 893.135
12 (1)(c)1.a. 1st Trafficking in illegal drugs,
13 more than 4 grams, less than 14
14 grams.
15 893.135
16 (1)(d)1. 1st Trafficking in phencyclidine,
17 more than 28 grams, less than 200
18 grams.
19 893.135(1)(e)1. 1st Trafficking in methaqualone, more
20 than 200 grams, less than 5
21 kilograms.
22 893.135(1)(f)1. 1st Trafficking in amphetamine, more
23 than 14 grams, less than 28
24 grams.
25 893.135
26 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
27 grams or more, less than 14
28 grams.
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1 893.135
2 (1)(h)1.a. 1st Trafficking in
3 gamma-hydroxybutyric acid (GHB),
4 1 kilogram or more, less than 5
5 kilograms.
6 893.135
7 (1)(i)1.a. 1st Trafficking in 1,4-Butanediol, 1
8 kilogram or more, less then 5
9 kilograms.
10 893.135
11 (1)(j)2.a. 1st Trafficking in Phenethylamines,
12 10 grams or more, less than 200
13 grams.
14 896.101(5)(a) 3rd Money laundering, financial
15 transactions exceeding $300 but
16 less than $20,000.
17 896.104(4)(a)1. 3rd Structuring transactions to evade
18 reporting or registration
19 requirements, financial
20 transactions exceeding $300 but
21 less than $20,000.
22 (h) LEVEL 8
23 316.193
24 (3)(c)3.a. 2nd DUI manslaughter.
25 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
26 560.123(8)(b)2. 2nd Failure to report currency or
27 payment instruments totaling or
28 exceeding $20,000, but less than
29 $100,000 by money transmitter.
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1 560.125(5)(b) 2nd Money transmitter business by
2 unauthorized person, currency or
3 payment instruments totaling or
4 exceeding $20,000, but less than
5 $100,000.
6 655.50(10)(b)2. 2nd Failure to report financial
7 transactions totaling or
8 exceeding $20,000, but less than
9 $100,000 by financial
10 institutions.
11 777.03(2)(a) 1st Accessory after the fact, capital
12 felony.
13 782.04(4) 2nd Killing of human without design
14 when engaged in act or attempt of
15 any felony other than arson,
16 sexual battery, robbery,
17 burglary, kidnapping, aircraft
18 piracy, or unlawfully discharging
19 bomb.
20 782.051(2) 1st Attempted felony murder while
21 perpetrating or attempting to
22 perpetrate a felony not
23 enumerated in s. 782.04(3).
24 782.071(1)(b)(2) 1st Committing vehicular homicide and
25 failing to render aid or give
26 information.
27 782.072(2) 1st Committing vessel homicide and
28 failing to render aid or give
29 information.
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1 790.161(3) 1st Discharging a destructive device
2 which results in bodily harm or
3 property damage.
4 794.011(5) 2nd Sexual battery, victim 12 years
5 or over, offender does not use
6 physical force likely to cause
7 serious injury.
8 800.04(4) 2nd Lewd or lascivious battery.
9 806.01(1) 1st Maliciously damage dwelling or
10 structure by fire or explosive,
11 believing person in structure.
12 810.02(2)(a) 1st,PBL Burglary with assault or battery.
13 810.02(2)(b) 1st,PBL Burglary; armed with explosives
14 or dangerous weapon.
15 810.02(2)(c) 1st Burglary of a dwelling or
16 structure causing structural
17 damage or $1,000 or more property
18 damage.
19 812.13(2)(b) 1st Robbery with a weapon.
20 812.135(2) 1st Home-invasion robbery.
21 825.102(2) 2nd Aggravated abuse of an elderly
22 person or disabled adult.
23 825.103(2)(a) 1st Exploiting an elderly person or
24 disabled adult and property is
25 valued at $100,000 or more.
26 837.02(2) 2nd Perjury in official proceedings
27 relating to prosecution of a
28 capital felony.
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1 837.021(2) 2nd Making contradictory statements
2 in official proceedings relating
3 to prosecution of a capital
4 felony.
5 860.121(2)(c) 1st Shooting at or throwing any
6 object in path of railroad
7 vehicle resulting in great bodily
8 harm.
9 860.16 1st Aircraft piracy.
10 893.13(1)(b) 1st Sell or deliver in excess of 10
11 grams of any substance specified
12 in s. 893.03(1)(a) or (b).
13 893.13(2)(b) 1st Purchase in excess of 10 grams of
14 any substance specified in s.
15 893.03(1)(a) or (b).
16 893.13(6)(c) 1st Possess in excess of 10 grams of
17 any substance specified in s.
18 893.03(1)(a) or (b).
19 893.135(1)(a)2. 1st Trafficking in cannabis, more
20 than 2,000 lbs., less than 10,000
21 lbs.
22 893.135
23 (1)(b)1.b. 1st Trafficking in cocaine, more than
24 200 grams, less than 400 grams.
25 893.135
26 (1)(c)1.b. 1st Trafficking in illegal drugs,
27 more than 14 grams, less than 28
28 grams.
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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.
13 893.135
14 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14
15 grams or more, less than 28
16 grams.
17 893.135
18 (1)(h)1.b. 1st Trafficking in
19 gamma-hydroxybutyric acid (GHB),
20 5 kilograms or more, less than 10
21 kilograms.
22 893.135
23 (1)(i)1.b. 1st Trafficking in 1,4-Butanediol, 5
24 kilograms or more, less than 10
25 kilograms.
26 893.135
27 (1)(j)2.b. 1st Trafficking in Phenethylamines,
28 200 grams or more, less than 400
29 grams.
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1 895.03(1) 1st Use or invest proceeds derived
2 from pattern of racketeering
3 activity.
4 895.03(2) 1st Acquire or maintain through
5 racketeering activity any
6 interest in or control of any
7 enterprise or real property.
8 895.03(3) 1st Conduct or participate in any
9 enterprise through pattern of
10 racketeering activity.
11 896.101(5)(b) 2nd Money laundering, financial
12 transactions totaling or
13 exceeding $20,000, but less than
14 $100,000.
15 896.104(4)(a)2. 2nd Structuring transactions to evade
16 reporting or registration
17 requirements, financial
18 transactions totaling or
19 exceeding $20,000 but less than
20 $100,000.
21 Section 5. Paragraph (b) of subsection (3) of section
22 960.03, Florida Statutes, is amended to read:
23 960.03 Definitions; ss. 960.01-960.28.--As used in ss.
24 960.01-960.28, unless the context otherwise requires, the
25 term:
26 (3) "Crime" means:
27 (b) A violation of s. 316.193, s. 316.027(1), s.
28 327.35(1), s. 782.071(1)(b) s. 782.071(2), or s. 860.13(1)(a)
29 which results in physical injury or death; however, no other
30 act involving the operation of a motor vehicle, boat, or
31 aircraft which results in injury or death shall constitute a
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1 crime for the purpose of this chapter unless the injury or
2 death was intentionally inflicted through the use of such
3 vehicle, boat, or aircraft or unless such vehicle, boat, or
4 aircraft is an implement of a crime to which this act applies.
5 Section 6. This act shall take effect October 1, 2001,
6 and shall apply to offenses committed on or after that date.
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