HB 1169

1	A bill to be entitled
2	An act relating to vehicular incidents involving death or
3	personal injuries; providing a short title; amending s.
4	316.027, F.S.; requiring a court to sentence a driver of a
5	vehicle to a minimum term of imprisonment if the person is
6	driving under the influence and leaves the scene of a
7	crash that results in death; requiring a court to order
8	the driver of a vehicle to make restitution to the victim
9	for any damage or loss if a driver leaves the scene of an
10	accident that results in injury or death; requiring a
11	court to make the payment of restitution a condition of
12	probation; providing that an order requiring the defendant
13	to make restitution to a victim does not remove or
14	diminish the requirement that the court order payment to
15	the Crimes Compensation Trust Fund; amending s. 316.193,
16	F.S.; requiring that a person convicted of DUI
17	manslaughter be sentenced to a mandatory minimum term of
18	imprisonment; amending s. 921.0021, F.S.; allowing
19	assessment of victim injury points for certain offenses if
20	the court finds that the offender caused victim injury;
21	amending s. 316.6135, F.S.; providing that such offense
22	constitutes a second-degree misdemeanor rather than a
23	noncriminal traffic infraction; providing that such
24	offense is a third-degree felony if the child suffers
25	great bodily harm, disability, or disfigurement; providing
26	penalties; providing an effective date.
27
28	Be It Enacted by the Legislature of the State of Florida:
29
30	Section 1.  Sections 316.027 and 316.193, Florida Statutes,
31	may be cited as the "Adam Arnold Act."
32	Section 2.  Subsection (1) of section 316.027, Florida
33	Statutes, is amended to read:
34	316.027  Crash involving death or personal injuries.--
35	(1)(a)  The driver of any vehicle involved in a crash
36	resulting in injury of any person must immediately stop the
37	vehicle at the scene of the crash, or as close thereto as
38	possible, and must remain at the scene of the crash until he or
39	she has fulfilled the requirements of s. 316.062. Any person who
40	willfully violates this paragraph commits is guilty of a felony
41	of the third degree, punishable as provided in s. 775.082, s.
42	775.083, or s. 775.084.
43	(b)  The driver of any vehicle involved in a crash
44	resulting in the death of any person must immediately stop the
45	vehicle at the scene of the crash, or as close thereto as
46	possible, and must remain at the scene of the crash until he or
47	she has fulfilled the requirements of s. 316.062. Any person who
48	willfully violates this paragraph commits is guilty of a felony
49	of the second degree, punishable as provided in s. 775.082, s.
50	775.083, or s. 775.084. Any person who willfully violates this
51	paragraph while driving under the influence as set forth in s.
52	316.193(1) shall be sentenced to a mandatory minimum term of
53	imprisonment of 2 years.
54	(c)  Notwithstanding s. 775.089(1)(a), if the driver of a
55	vehicle violates paragraph (a) or paragraph (b), the court shall
56	order the driver to make restitution to the victim for any
57	damage or loss unless the court finds clear and compelling
58	reasons not to order the restitution. Restitution may be
59	monetary or nonmonetary restitution. The court shall make the
60	payment of restitution a condition of probation in accordance
61	with s. 948.03. An order requiring the defendant to make
62	restitution to a victim does not remove or diminish the
63	requirement that the court order payment to the Crimes
64	Compensation Trust Fund pursuant to chapter 960. Payment of an
65	award by the Crimes Compensation Trust Fund creates an order of
66	restitution to the Crimes Compensation Trust Fund unless
67	specifically waived in accordance with s. 775.089(1)(b).
68	Section 3.  Subsection (3) of section 316.193, Florida
69	Statutes, is amended to read:
70	316.193  Driving under the influence; penalties.--
71	(3)  Any person:
72	(a)  Who is in violation of subsection (1);
73	(b)  Who operates a vehicle; and
74	(c)  Who, by reason of such operation, causes or
75	contributes to causing:
76	1.  Damage to the property or person of another commits a
77	misdemeanor of the first degree, punishable as provided in s.
78	775.082 or s. 775.083.
79	2.  Serious bodily injury to another, as defined in s.
80	316.1933, commits a felony of the third degree, punishable as
81	provided in s. 775.082, s. 775.083, or s. 775.084.
82	3.  The death of any human being or unborn quick child
83	commits DUI manslaughter, and commits:
84	a.  A felony of the second degree, punishable as provided
85	in s. 775.082, s. 775.083, or s. 775.084.
86	b.  A felony of the first degree, punishable as provided in
87	s. 775.082, s. 775.083, or s. 775.084, if:
88	(I)  At the time of the crash, the person knew, or should
89	have known, that the crash occurred; and
90	(II)  The person failed to give information and render aid
91	as required by s. 316.062.
92
93	For purposes of this subsection, the definition of the term
94	"unborn quick child" shall be determined in accordance with the
95	definition of viable fetus as set forth in s. 782.071. A person
96	who is convicted of DUI manslaughter shall be sentenced to a
97	mandatory minimum term of imprisonment of 4 years.
98	Section 4.  Subsection (7) of section 921.0021, Florida
99	Statutes, is amended to read:
100	921.0021  Definitions.--As used in this chapter, for any
101	felony offense, except any capital felony, committed on or after
102	October 1, 1998, the term:
103	(7)(a)  "Victim injury" means the physical injury or death
104	suffered by a person as a direct result of the primary offense,
105	or any additional offense, for which an offender is convicted
106	and which is pending before the court for sentencing at the time
107	of the primary offense.
108	(b)  Except as provided in paragraph (c) or paragraph (d),
109	1.  If the conviction is for an offense involving sexual
110	contact that includes sexual penetration, the sexual penetration
111	must be scored in accordance with the sentence points provided
112	under s. 921.0024 for sexual penetration, regardless of whether
113	there is evidence of any physical injury.
114	2.  If the conviction is for an offense involving sexual
115	contact that does not include sexual penetration, the sexual
116	contact must be scored in accordance with the sentence points
117	provided under s. 921.0024 for sexual contact, regardless of
118	whether there is evidence of any physical injury.
119
120	If the victim of an offense involving sexual contact suffers any
121	physical injury as a direct result of the primary offense or any
122	additional offense committed by the offender resulting in
123	conviction, such physical injury must be scored separately and
124	in addition to the points scored for the sexual contact or the
125	sexual penetration.
126	(c)  The sentence points provided under s. 921.0024 for
127	sexual contact or sexual penetration may not be assessed for a
128	violation of s. 944.35(3)(b)2.
129	(d)  If the conviction is for the offense described in s.
130	872.06, the sentence points provided under s. 921.0024 for
131	sexual contact or sexual penetration may not be assessed.
132	(e)  Notwithstanding paragraph (a), if the conviction is
133	for an offense described in s. 316.027 and the court finds that
134	the offender caused victim injury, sentence points for victim
135	injury may be assessed against the offender.
136	Section 5.  Section 316.6135, Florida Statutes, is amended
137	to read:
138	316.6135  Leaving children unattended or unsupervised in
139	motor vehicles vehicle; penalty; authority of law enforcement
140	officer.--
141	(1)  A No parent, legal guardian, or other person
142	responsible for a child younger than 6 years of age may not
143	shall leave such child unattended or unsupervised in a motor
144	vehicle for a period in excess of 15 minutes; however, no such
145	person may not shall leave a child unattended for any period of
146	time if the motor of the vehicle is running or the health of the
147	child is in danger.
148	(2)  Any person who violates the provisions of subsection
149	(1) commits a misdemeanor of the second degree, punishable as
150	provided in s. 775.082 or s. 775.083. is guilty of a noncriminal
151	traffic infraction, punishable by a fine of:
152	(a)  Not more than $100; or
153	(b)  Not less than $50 and not more than $500 if the motor
154	of the vehicle was running or the health of the child was in
155	danger at the time of the violation.
156	(3)  Any person who violates subsection (1) and in so doing
157	causes great bodily harm, permanent disability, or permanent
158	disfigurement to a child, commits a felony of the third degree,
159	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
160	(4)(3)  Any law enforcement officer who observes a child
161	left unattended or unsupervised in a motor vehicle in violation
162	of subsection (1) may use whatever means are reasonably
163	necessary to protect the minor child and to remove the child
164	from the vehicle.
165	(5)(4)  If the child is removed from the immediate area,
166	notification should be placed on the vehicle.
167	(6)(5)  The child shall be remanded to the custody of the
168	Department of Children and Family Services pursuant to chapter
169	39, unless the law enforcement officer is able to locate the
170	parents or legal guardian or other person responsible for the
171	child.
172	Section 6.  This act shall take effect July 1, 2006.

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