Senate Bill sb0198
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Florida Senate - 2002 SB 198
By Senator Sanderson
31-314-02 See HB 119
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; amending s. 921.0022,
24 F.S., relating to the Criminal Punishment Code
25 offense severity ranking chart and the
26 definition of "crime" with respect to the
27 Florida Crimes Compensation Act; conforming
28 provisions to changes made by the act;
29 providing an effective date.
30
31 Be It Enacted by the Legislature of the State of Florida:
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Florida Senate - 2002 SB 198
31-314-02 See HB 119
1 Section 1. Subsection (3) of section 316.193, Florida
2 Statutes, is amended to read:
3 316.193 Driving under the influence; penalties.--
4 (3) Any person:
5 (a) Who is in violation of subsection (1);
6 (b) Who operates a vehicle; and
7 (c) Who, by reason of such operation, causes:
8 1. Damage to the property or person of another commits
9 a misdemeanor of the first degree, punishable as provided in
10 s. 775.082 or s. 775.083.
11 2. Serious bodily injury to another, as defined in s.
12 316.1933, commits a felony of the third degree, punishable as
13 provided in s. 775.082, s. 775.083, or s. 775.084.
14 3. The death of any human being or unborn quick child
15 commits DUI manslaughter, and commits:
16 a. A felony of the second degree, punishable as
17 provided in s. 775.082, s. 775.083, or s. 775.084.
18 b. A felony of the first degree, punishable as
19 provided in s. 775.082, s. 775.083, or s. 775.084, if:
20 (I) At the time of the crash, the person knew, or
21 should have known, that the crash occurred; and
22 (II) The person failed to give information and render
23 aid as required by s. 316.062.
24 Section 2. Section 782.071, Florida Statutes, is
25 amended to read:
26 782.071 Vehicular homicide.--"Vehicular homicide" is
27 the killing of a human being, or the killing of an unborn
28 quick child a viable fetus by any injury to the mother, caused
29 by the operation of a motor vehicle by another in a reckless
30 manner likely to cause the death of, or great bodily harm to,
31 another.
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Florida Senate - 2002 SB 198
31-314-02 See HB 119
1 (1) Vehicular homicide is:
2 (a) A felony of the second degree, punishable as
3 provided in s. 775.082, s. 775.083, or s. 775.084.
4 (b) A felony of the first degree, punishable as
5 provided in s. 775.082, s. 775.083, or s. 775.084, if:
6 1. At the time of the accident, the person knew, or
7 should have known, that the accident occurred; and
8 2. The person failed to give information and render
9 aid as required by s. 316.062.
10
11 This paragraph does not require that the person knew that the
12 accident resulted in injury or death.
13 (2) For purposes of this section, a fetus is viable
14 when it becomes capable of meaningful life outside the womb
15 through standard medical measures.
16 (2)(3) A right of action for civil damages shall exist
17 under s. 768.19, under all circumstances, for all deaths
18 described in this section.
19 (3)(4) In addition to any other punishment, the court
20 may order the person to serve 120 community service hours in a
21 trauma center or hospital that regularly receives victims of
22 vehicle accidents, under the supervision of a registered
23 nurse, an emergency room physician, or an emergency medical
24 technician pursuant to a voluntary community service program
25 operated by the trauma center or hospital.
26 Section 3. Section 782.09, Florida Statutes, is
27 amended to read:
28 782.09 Killing of unborn quick child by injury to
29 mother.--
30 (1) The unlawful willful killing of an unborn quick
31 child, by any injury to the mother of such child which would
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Florida Senate - 2002 SB 198
31-314-02 See HB 119
1 be murder if it resulted in the death of such mother, shall be
2 deemed murder in the same degree as that which would have been
3 committed against the mother. A person who unlawfully kills an
4 unborn quick child by any injury to the mother:
5 (a) Which would be murder in the first degree
6 constituting a capital felony if it resulted in the mother's
7 death commits murder in the first degree constituting a
8 capital felony, punishable as provided in s. 775.082.
9 (b) Which would be murder in the second degree if it
10 resulted in the mother's death commits murder in the second
11 degree, a felony of the first degree, punishable as provided
12 in s. 775.082, s. 775.083, or s. 775.084.
13 (c) Which would be murder in the third degree if it
14 resulted in the mother's death commits murder in the third
15 degree, manslaughter, a felony of the second degree,
16 punishable as provided in s. 775.082, s. 775.083, or s.
17 775.084.
18 (2) The unlawful killing of an unborn quick child by
19 any injury to the mother of such child which would be
20 manslaughter if it resulted in the death of such mother shall
21 be deemed manslaughter. A person who unlawfully kills an
22 unborn quick child by any injury to the mother which would be
23 manslaughter if it resulted in the mother's death commits
24 manslaughter, a felony of the second degree, punishable as
25 provided in s. 775.082, s. 775.083, or s. 775.084.
26 (3) The death of the mother resulting from the same
27 act or criminal episode which caused the death of the unborn
28 quick child shall not bar prosecution under this section.
29 (4) This section does not authorize the prosecution of
30 any person in connection with a termination of pregnancy
31 pursuant to chapter 390.
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Florida Senate - 2002 SB 198
31-314-02 See HB 119
1 Section 4. Paragraph (g) of subsection (3) of section
2 921.0022, Florida Statutes, is amended to read:
3 921.0022 Criminal Punishment Code; offense severity
4 ranking chart.--
5 (3) OFFENSE SEVERITY RANKING CHART
6
7 Florida Felony
8 Statute Degree Description
9
10
11 (g) LEVEL 7
12 316.193(3)(c)2. 3rd DUI resulting in serious bodily
13 injury.
14 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
15 bodily injury.
16 402.319(2) 2nd Misrepresentation and negligence
17 or intentional act resulting in
18 great bodily harm, permanent
19 disfiguration, permanent
20 disability, or death.
21 409.920(2) 3rd Medicaid provider fraud.
22 456.065(2) 3rd Practicing a health care
23 profession without a license.
24 456.065(2) 2nd Practicing a health care
25 profession without a license
26 which results in serious bodily
27 injury.
28 458.327(1) 3rd Practicing medicine without a
29 license.
30 459.013(1) 3rd Practicing osteopathic medicine
31 without a license.
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Florida Senate - 2002 SB 198
31-314-02 See HB 119
1 460.411(1) 3rd Practicing chiropractic medicine
2 without a license.
3 461.012(1) 3rd Practicing podiatric medicine
4 without a license.
5 462.17 3rd Practicing naturopathy without a
6 license.
7 463.015(1) 3rd Practicing optometry without a
8 license.
9 464.016(1) 3rd Practicing nursing without a
10 license.
11 465.015(2) 3rd Practicing pharmacy without a
12 license.
13 466.026(1) 3rd Practicing dentistry or dental
14 hygiene without a license.
15 467.201 3rd Practicing midwifery without a
16 license.
17 468.366 3rd Delivering respiratory care
18 services without a license.
19 483.828(1) 3rd Practicing as clinical laboratory
20 personnel without a license.
21 483.901(9) 3rd Practicing medical physics
22 without a license.
23 484.013(1)(c) 3rd Preparing or dispensing optical
24 devices without a prescription.
25 484.053 3rd Dispensing hearing aids without a
26 license.
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Florida Senate - 2002 SB 198
31-314-02 See HB 119
1 494.0018(2) 1st Conviction of any violation of
2 ss. 494.001-494.0077 in which the
3 total money and property
4 unlawfully obtained exceeded
5 $50,000 and there were five or
6 more victims.
7 560.123(8)(b)1. 3rd Failure to report currency or
8 payment instruments exceeding
9 $300 but less than $20,000 by
10 money transmitter.
11 560.125(5)(a) 3rd Money transmitter business by
12 unauthorized person, currency or
13 payment instruments exceeding
14 $300 but less than $20,000.
15 655.50(10)(b)1. 3rd Failure to report financial
16 transactions exceeding $300 but
17 less than $20,000 by financial
18 institution.
19 782.051(3) 2nd Attempted felony murder of a
20 person by a person other than the
21 perpetrator or the perpetrator of
22 an attempted felony.
23 782.07(1) 2nd Killing of a human being by the
24 act, procurement, or culpable
25 negligence of another
26 (manslaughter).
27 782.071(1) 2nd Killing of human being or unborn
28 quick child viable fetus by the
29 operation of a motor vehicle in a
30 reckless manner (vehicular
31 homicide).
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Florida Senate - 2002 SB 198
31-314-02 See HB 119
1 782.072 2nd Killing of a human being by the
2 operation of a vessel in a
3 reckless manner (vessel
4 homicide).
5 784.045(1)(a)1. 2nd Aggravated battery; intentionally
6 causing great bodily harm or
7 disfigurement.
8 784.045(1)(a)2. 2nd Aggravated battery; using deadly
9 weapon.
10 784.045(1)(b) 2nd Aggravated battery; perpetrator
11 aware victim pregnant.
12 784.048(4) 3rd Aggravated stalking; violation of
13 injunction or court order.
14 784.07(2)(d) 1st Aggravated battery on law
15 enforcement officer.
16 784.074(1)(a) 1st Aggravated battery on sexually
17 violent predators facility staff.
18 784.08(2)(a) 1st Aggravated battery on a person 65
19 years of age or older.
20 784.081(1) 1st Aggravated battery on specified
21 official or employee.
22 784.082(1) 1st Aggravated battery by detained
23 person on visitor or other
24 detainee.
25 784.083(1) 1st Aggravated battery on code
26 inspector.
27 790.07(4) 1st Specified weapons violation
28 subsequent to previous conviction
29 of s. 790.07(1) or (2).
30 790.16(1) 1st Discharge of a machine gun under
31 specified circumstances.
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Florida Senate - 2002 SB 198
31-314-02 See HB 119
1 790.166(3) 2nd Possessing, selling, using, or
2 attempting to use a hoax weapon
3 of mass destruction.
4 796.03 2nd Procuring any person under 16
5 years for prostitution.
6 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
7 victim less than 12 years of age;
8 offender less than 18 years.
9 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
10 victim 12 years of age or older
11 but less than 16 years; offender
12 18 years or older.
13 806.01(2) 2nd Maliciously damage structure by
14 fire or explosive.
15 810.02(3)(a) 2nd Burglary of occupied dwelling;
16 unarmed; no assault or battery.
17 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
18 unarmed; no assault or battery.
19 810.02(3)(d) 2nd Burglary of occupied conveyance;
20 unarmed; no assault or battery.
21 812.014(2)(a) 1st Property stolen, valued at
22 $100,000 or more; cargo stolen
23 valued at $50,000, or more;
24 property stolen while causing
25 other property damage; 1st degree
26 grand theft.
27 812.014(2)(b)2. 2nd Property stolen, emergency
28 medical equipment; 2nd degree
29 grand theft.
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Florida Senate - 2002 SB 198
31-314-02 See HB 119
1 812.019(2) 1st Stolen property; initiates,
2 organizes, plans, etc., the theft
3 of property and traffics in
4 stolen property.
5 812.131(2)(a) 2nd Robbery by sudden snatching.
6 812.133(2)(b) 1st Carjacking; no firearm, deadly
7 weapon, or other weapon.
8 817.234(11)(c) 1st Insurance fraud; property value
9 $100,000 or more.
10 825.102(3)(b) 2nd Neglecting an elderly person or
11 disabled adult causing great
12 bodily harm, disability, or
13 disfigurement.
14 825.1025(2) 2nd Lewd or lascivious battery upon
15 an elderly person or disabled
16 adult.
17 825.103(2)(b) 2nd Exploiting an elderly person or
18 disabled adult and property is
19 valued at $20,000 or more, but
20 less than $100,000.
21 827.03(3)(b) 2nd Neglect of a child causing great
22 bodily harm, disability, or
23 disfigurement.
24 827.04(3) 3rd Impregnation of a child under 16
25 years of age by person 21 years
26 of age or older.
27 837.05(2) 3rd Giving false information about
28 alleged capital felony to a law
29 enforcement officer.
30 872.06 2nd Abuse of a dead human body.
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Florida Senate - 2002 SB 198
31-314-02 See HB 119
1 893.13(1)(c)1. 1st Sell, manufacture, or deliver
2 cocaine (or other drug prohibited
3 under s. 893.03(1)(a), (1)(b),
4 (1)(d), (2)(a), (2)(b), or
5 (2)(c)4.) within 1,000 feet of a
6 child care facility or school.
7 893.13(1)(e)1. 1st Sell, manufacture, or deliver
8 cocaine or other drug prohibited
9 under s. 893.03(1)(a), (1)(b),
10 (1)(d), (2)(a), (2)(b), or
11 (2)(c)4., within 1,000 feet of
12 property used for religious
13 services or a specified business
14 site.
15 893.13(4)(a) 1st Deliver to minor cocaine (or
16 other s. 893.03(1)(a), (1)(b),
17 (1)(d), (2)(a), (2)(b), or
18 (2)(c)4. drugs).
19 893.135(1)(a)1. 1st Trafficking in cannabis, more
20 than 25 lbs., less than 2,000
21 lbs.
22 893.135
23 (1)(b)1.a. 1st Trafficking in cocaine, more than
24 28 grams, less than 200 grams.
25 893.135
26 (1)(c)1.a. 1st Trafficking in illegal drugs,
27 more than 4 grams, less than 14
28 grams.
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Florida Senate - 2002 SB 198
31-314-02 See HB 119
1 893.135
2 (1)(d)1. 1st Trafficking in phencyclidine,
3 more than 28 grams, less than 200
4 grams.
5 893.135(1)(e)1. 1st Trafficking in methaqualone, more
6 than 200 grams, less than 5
7 kilograms.
8 893.135(1)(f)1. 1st Trafficking in amphetamine, more
9 than 14 grams, less than 28
10 grams.
11 893.135
12 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
13 grams or more, less than 14
14 grams.
15 893.135
16 (1)(h)1.a. 1st Trafficking in
17 gamma-hydroxybutyric acid (GHB),
18 1 kilogram or more, less than 5
19 kilograms.
20 893.135
21 (1)(i)1.a. 1st Trafficking in 1,4-Butanediol, 1
22 kilogram or more, less than 5
23 kilograms.
24 893.135
25 (1)(j)2.a. 1st Trafficking in Phenethylamines,
26 10 grams or more, less than 200
27 grams.
28 896.101(5)(a) 3rd Money laundering, financial
29 transactions exceeding $300 but
30 less than $20,000.
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Florida Senate - 2002 SB 198
31-314-02 See HB 119
1 896.104(4)(a)1. 3rd Structuring transactions to evade
2 reporting or registration
3 requirements, financial
4 transactions exceeding $300 but
5 less than $20,000.
6 Section 5. This act shall take effect October 1, 2002,
7 and shall apply to offenses committed on or after that date.
8
9 *****************************************
10 HOUSE SUMMARY
11
Includes the death of an unborn quick child under DUI
12 manslaughter. Provides that killing an unborn quick child
by injury to the mother which would be murder in any
13 degree if it resulted in the death of the mother is
murder in the same degree and provides penalties, that
14 the unlawful killing of an unborn quick child by injury
to the mother which would be manslaughter if it resulted
15 in the death of the mother is manslaughter and provides
penalties, and that the death of the mother resulting
16 from the same act or criminal episode which caused the
death of the unborn quick child does not bar prosecution.
17 Specifies nonauthorization to prosecute a person in
connection with a termination of pregnancy. See bill for
18 details.
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