Senate Bill sb2468
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Florida Senate - 2006 SB 2468
By Senator Campbell
32-1095A-06 See HB 1193
1 A bill to be entitled
2 An act relating to driving under the influence;
3 amending s. 316.193, F.S.; providing that, if a
4 person drives under the influence of alcohol or
5 a specified chemical or controlled substance
6 and causes damage to property, serious bodily
7 injury, or death to another human being or
8 unborn quick child, a rebuttable presumption is
9 created that the person caused or contributed
10 to causing damage to property, serious bodily
11 injury, or death to another human being or
12 unborn quick child; amending s. 782.071, F.S.;
13 providing that, if a person drives under the
14 influence of alcohol or a specified chemical or
15 controlled substance, a rebuttable presumption
16 is created that the person operated a motor
17 vehicle in a reckless manner likely to cause
18 death or bodily injury to another human being;
19 providing an effective date.
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21 Be It Enacted by the Legislature of the State of Florida:
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23 Section 1. Subsections (1) and (3) of section 316.193,
24 Florida Statutes, are amended to read:
25 316.193 Driving under the influence; penalties.--
26 (1) A person commits is guilty of the offense of
27 driving under the influence and is subject to punishment as
28 provided in subsection (2) if the person is driving or in
29 actual physical control of a vehicle within this state and:
30 (a) The person is under the influence of alcoholic
31 beverages, any chemical substance set forth in s. 877.111, or
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Florida Senate - 2006 SB 2468
32-1095A-06 See HB 1193
1 any substance controlled under chapter 893, when affected to
2 the extent that the person's normal faculties are impaired;
3 (b) The person has a blood-alcohol level of 0.08 or
4 more grams of alcohol per 100 milliliters of blood; or
5 (c) The person has a breath-alcohol level of 0.08 or
6 more grams of alcohol per 210 liters of breath.
7 (3) Any person:
8 (a) Who is in violation of subsection (1);
9 (b) Who operates a vehicle; and
10 (c) Who, by reason of such operation, causes or
11 contributes to causing:
12 1. Damage to the property or person of another commits
13 a misdemeanor of the first degree, punishable as provided in
14 s. 775.082 or s. 775.083.
15 2. Serious bodily injury to another, as defined in s.
16 316.1933, commits a felony of the third degree, punishable as
17 provided in s. 775.082, s. 775.083, or s. 775.084.
18 3. The death of any human being or unborn quick child
19 commits DUI manslaughter, and commits:
20 a. A felony of the second degree, punishable as
21 provided in s. 775.082, s. 775.083, or s. 775.084.
22 b. A felony of the first degree, punishable as
23 provided in s. 775.082, s. 775.083, or s. 775.084, if:
24 (I) At the time of the crash, the person knew, or
25 should have known, that the crash occurred; and
26 (II) The person failed to give information and render
27 aid as required by s. 316.062.
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29 For purposes of this paragraph, any person who violates
30 subsection (1) creates a rebuttable presumption that he or she
31 caused or contributed to causing damage to property, serious
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Florida Senate - 2006 SB 2468
32-1095A-06 See HB 1193
1 bodily injury, or death to another human being or unborn quick
2 child.
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4 For purposes of this subsection, the definition of the term
5 "unborn quick child" shall be determined in accordance with
6 the definition of viable fetus as set forth in s. 782.071.
7 Section 2. Section 782.071, Florida Statutes, is
8 amended to read:
9 782.071 Vehicular homicide.--"Vehicular homicide" is
10 the killing of a human being, or the killing of a viable fetus
11 by any injury to the mother, caused by the operation of a
12 motor vehicle by another in a reckless manner likely to cause
13 the death of, or great bodily harm to, another.
14 (1) Vehicular homicide is:
15 (a) A felony of the second degree, punishable as
16 provided in s. 775.082, s. 775.083, or s. 775.084.
17 (b) A felony of the first degree, punishable as
18 provided in s. 775.082, s. 775.083, or s. 775.084, if:
19 1. At the time of the accident, the person knew, or
20 should have known, that the accident occurred; and
21 2. The person failed to give information and render
22 aid as required by s. 316.062.
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24 This paragraph does not require that the person knew that the
25 accident resulted in injury or death.
26 (2) For purposes of this section, a fetus is viable
27 when it becomes capable of meaningful life outside the womb
28 through standard medical measures.
29 (3) For purposes of this section, any person who
30 violates s. 316.193(1) creates a rebuttable presumption that
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Florida Senate - 2006 SB 2468
32-1095A-06 See HB 1193
1 he or she operated a motor vehicle in a reckless manner likely
2 to cause death or bodily injury to a human being.
3 (4)(3) A right of action for civil damages shall exist
4 under s. 768.19, under all circumstances, for all deaths
5 described in this section.
6 (5)(4) In addition to any other punishment, the court
7 may order the person to serve 120 community service hours in a
8 trauma center or hospital that regularly receives victims of
9 vehicle accidents, under the supervision of a registered
10 nurse, an emergency room physician, or an emergency medical
11 technician pursuant to a voluntary community service program
12 operated by the trauma center or hospital.
13 Section 3. This act shall take effect July 1, 2006.
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