House Bill hb0389c1

    Florida House of Representatives - 2002              CS/HB 389

        By the Committee on Criminal Justice Appropriations and
    Representatives Lerner, Heyman, Needelman, McGriff, Jennings,
    Bennett, Trovillion, Russell, Kosmas, Justice, Stansel,
    Kendrick, Kravitz, Flanagan, Spratt, Alexander, Argenziano,
    (Additional Sponsors on Last Printed Page)


  1                      A bill to be entitled

  2         An act relating to manslaughter; amending s.

  3         782.07, F.S.; providing that a person who

  4         causes the death, through culpable negligence,

  5         of an officer, a firefighter, an emergency

  6         medical technician, or a paramedic while the

  7         officer, firefighter, emergency medical

  8         technician, or paramedic is performing duties

  9         of employment commits the offense of aggravated

10         manslaughter; providing an enhanced penalty;

11         providing an effective date.

12  

13  Be It Enacted by the Legislature of the State of Florida:

14  

15         Section 1.  This act may be cited as the "Officer Scott

16  Baird Act."

17         Section 2.  Section 782.07, Florida Statutes, is

18  amended to read:

19         782.07  Manslaughter; aggravated manslaughter of an

20  elderly person or disabled adult; aggravated manslaughter of a

21  child; aggravated manslaughter of an officer, a firefighter,

22  an emergency medical technician, or a paramedic.--

23         (1)  The killing of a human being by the act,

24  procurement, or culpable negligence of another, without lawful

25  justification according to the provisions of chapter 776 and

26  in cases in which such killing shall not be excusable homicide

27  or murder, according to the provisions of this chapter, is

28  manslaughter, a felony of the second degree, punishable as

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

30         (2)  A person who causes the death of any elderly

31  person or disabled adult by culpable negligence under s.

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






    Florida House of Representatives - 2002              CS/HB 389

    608-224-02






  1  825.102(3) commits aggravated manslaughter of an elderly

  2  person or disabled adult, a felony of the first degree,

  3  punishable as provided in s. 775.082, s. 775.083, or s.

  4  775.084.

  5         (3)  A person who causes the death of any person under

  6  the age of 18 by culpable negligence under s. 827.03(3)

  7  commits aggravated manslaughter of a child, a felony of the

  8  first degree, punishable as provided in s. 775.082, s.

  9  775.083, or s. 775.084.

10         (4)  A person who causes the death, through culpable

11  negligence, of an officer as defined in s. 943.10(14), a

12  firefighter as defined in s. 112.191, an emergency medical

13  technician as defined in s. 401.23, or a paramedic as defined

14  in s. 401.23, while the officer, firefighter, emergency

15  medical technician, or paramedic is performing duties that are

16  within the course of his or her employment, commits aggravated

17  manslaughter of an officer, a firefighter, an emergency

18  medical technician, or a paramedic, a felony of the first

19  degree, punishable as provided in s. 775.082, s. 775.083, or

20  s. 775.084.

21         Section 3.  This act shall take effect July 1, 2002.

22  

23  

24  
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25  

26                       ADDITIONAL SPONSORS

27  
    Littlefield, Baxley, Prieguez, Peterman, Romeo,
28  
    Bendross-Mindingall, Kallinger, Baker, Jordan, Meadows,
29  
    Gannon, Gottlieb, Evers, Kilmer, Maygarden, Hogan, Mahon,
30  
    Clarke and Bucher
31  

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