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A bill to be entitled

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An act relating to offenses against unborn children;

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providing a short title; amending s. 782.09, F.S.;

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providing that certain offenses relating to the killing of

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an unborn child by injury to the mother do not require

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specified knowledge or intent; providing an effective

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date.

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

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     Section 1. This act may be cited as the "Florida Unborn

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Victims of Violence Act."

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     Section 2.  Section 782.09, Florida Statutes, is amended to

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read:

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     782.09  Killing of unborn quick child by injury to mother.--

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     (1)  The unlawful killing of an unborn quick child, by any

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injury to the mother of such child which would be murder if it

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resulted in the death of such mother, shall be deemed murder in

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the same degree as that which would have been committed against

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the mother. Any person, other than the mother, who unlawfully

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kills an unborn quick child by any injury to the mother:

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     (a)  Which would be murder in the first degree constituting

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a capital felony if it resulted in the mother's death commits

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murder in the first degree constituting a capital felony,

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punishable as provided in s. 775.082.

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     (b)  Which would be murder in the second degree if it

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resulted in the mother's death commits murder in the second

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degree, a felony of the first degree, punishable as provided in

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s. 775.082, s. 775.083, or s. 775.084.

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     (c)  Which would be murder in the third degree if it

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resulted in the mother's death commits murder in the third

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degree, a felony of the second degree, punishable as provided in

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s. 775.082, s. 775.083, or s. 775.084.

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     (2)  The unlawful killing of an unborn quick child by any

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injury to the mother of such child which would be manslaughter if

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it resulted in the death of such mother shall be deemed

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manslaughter. A person who unlawfully kills an unborn quick child

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by any injury to the mother which would be manslaughter if it

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resulted in the mother's death commits manslaughter, a felony of

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the second degree, punishable as provided in s. 775.082, s.

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775.083, or s. 775.084.

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     (3)  The death of the mother resulting from the same act or

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criminal episode that caused the death of the unborn quick child

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does not bar prosecution under this section.

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     (4)  This section does not authorize the prosecution of any

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person in connection with a termination of pregnancy pursuant to

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chapter 390.

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     (5)  For purposes of this section, the definition of the

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term "unborn quick child" shall be determined in accordance with

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the definition of viable fetus as set forth in s. 782.071.

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     (6) An offense under this section does not require that the

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person engaging in the conduct:

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     (a) Had knowledge or should have had knowledge that the

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victim of the underlying offense was pregnant; or

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     (b) Intended to cause the death of, or bodily injury to,

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the unborn child.

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     Section 3.  This act shall take effect October 1, 2008.