HB 137

1	A bill to be entitled
2	An act relating to offenses against unborn children;
3	providing a short title; amending s. 782.071, F.S.,
4	relating to vehicular homicide; defining the term
5	"unborn child" for specified purposes; revising
6	terminology to refer to "unborn child" rather than
7	"viable fetus"; providing legislative intent; amending
8	s. 782.09, F.S.; revising terminology; providing that
9	certain offenses relating to the killing of an unborn
10	child by injury to the mother do not require specified
11	knowledge or intent or death of the mother; amending
12	ss. 316.193, 435.04, and 921.0022, F.S.; conforming
13	terminology; providing an effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1.  This act may be cited as the "Florida Unborn
18	Victims of Violence Act."
19	Section 2.  Section 782.071, Florida Statutes, is amended
20	to read:
21	782.071  Vehicular homicide.-"Vehicular homicide" is the
22	killing of a human being, or the killing of an unborn child a
23	viable fetus by any injury to the mother, caused by the
24	operation of a motor vehicle by another in a reckless manner
25	likely to cause the death of, or great bodily harm to, another.
26	(1)  Vehicular homicide is:
27	(a)  A felony of the second degree, punishable as provided
28	in s. 775.082, s. 775.083, or s. 775.084.
29	(b)  A felony of the first degree, punishable as provided
30	in s. 775.082, s. 775.083, or s. 775.084, if:
31	1.  At the time of the accident, the person knew, or should
32	have known, that the accident occurred; and
33	2.  The person failed to give information and render aid as
34	required by s. 316.062.
35
36	This paragraph does not require that the person knew that the
37	accident resulted in injury or death.
38	(2)  For purposes of this section, the term "unborn child"
39	means the unborn offspring of a human being at any stage of
40	gestation from fertilization until birth a fetus is viable when
41	it becomes capable of meaningful life outside the womb through
42	standard medical measures.
43	(3)  A right of action for civil damages shall exist under
44	s. 768.19, under all circumstances, for all deaths described in
45	this section. However, this section does not create or expand
46	any civil cause of action for negligence based on statute or
47	common law.
48	(4)  In addition to any other punishment, the court may
49	order the person to serve 120 community service hours in a
50	trauma center or hospital that regularly receives victims of
51	vehicle accidents, under the supervision of a registered nurse,
52	an emergency room physician, or an emergency medical technician
53	pursuant to a voluntary community service program operated by
54	the trauma center or hospital.
55	Section 3.  Section 782.09, Florida Statutes, is amended to
56	read:
57	782.09  Killing of unborn quick child by injury to mother.-
58	(1)  The unlawful killing of an unborn quick child, by any
59	injury to the mother of such child which would be murder if it
60	resulted in the death of such mother, shall be deemed murder in
61	the same degree as that which would have been committed against
62	the mother. Any person, other than the mother, who unlawfully
63	kills an unborn quick child by any injury to the mother:
64	(a)  Which would be murder in the first degree constituting
65	a capital felony if it resulted in the mother's death commits
66	murder in the first degree constituting a capital felony,
67	punishable as provided in s. 775.082.
68	(b)  Which would be murder in the second degree if it
69	resulted in the mother's death commits murder in the second
70	degree, a felony of the first degree, punishable as provided in
71	s. 775.082, s. 775.083, or s. 775.084.
72	(c)  Which would be murder in the third degree if it
73	resulted in the mother's death commits murder in the third
74	degree, a felony of the second degree, punishable as provided in
75	s. 775.082, s. 775.083, or s. 775.084.
76	(2)  The unlawful killing of an unborn quick child by any
77	injury to the mother of such child which would be manslaughter
78	if it resulted in the death of such mother is shall be deemed
79	manslaughter. A person who unlawfully kills an unborn quick
80	child by any injury to the mother which would be manslaughter if
81	it resulted in the mother's death commits manslaughter, a felony
82	of the second degree, punishable as provided in s. 775.082, s.
83	775.083, or s. 775.084.
84	(3)  The death of the mother resulting from the same act or
85	criminal episode that caused the death of the unborn quick child
86	does not bar prosecution under this section.
87	(4)  This section does not authorize the prosecution of any
88	person in connection with a termination of pregnancy pursuant to
89	chapter 390.
90	(5)  For purposes of this section, the definition of the
91	term "unborn quick child" shall be determined in accordance with
92	the definition of an unborn child viable fetus as set forth in
93	s. 782.071.
94	(6)  An offense under this section does not require:
95	(a)  That the person engaging in the conduct:
96	1.  Had knowledge or should have had knowledge that the
97	mother was pregnant; or
98	2.  Intended to cause the death of, or bodily injury to,
99	the unborn child.
100	(b)  The death of the mother.
101	Section 4.  Subsection (3) of section 316.193, Florida
102	Statutes, is amended to read:
103	316.193  Driving under the influence; penalties.-
104	(3)  Any person:
105	(a)  Who is in violation of subsection (1);
106	(b)  Who operates a vehicle; and
107	(c)  Who, by reason of such operation, causes or
108	contributes to causing:
109	1.  Damage to the property or person of another commits a
110	misdemeanor of the first degree, punishable as provided in s.
111	775.082 or s. 775.083.
112	2.  Serious bodily injury to another, as defined in s.
113	316.1933, commits a felony of the third degree, punishable as
114	provided in s. 775.082, s. 775.083, or s. 775.084.
115	3.  The death of any human being or unborn quick child
116	commits DUI manslaughter, and commits:
117	a.  A felony of the second degree, punishable as provided
118	in s. 775.082, s. 775.083, or s. 775.084.
119	b.  A felony of the first degree, punishable as provided in
120	s. 775.082, s. 775.083, or s. 775.084, if:
121	(I)  At the time of the crash, the person knew, or should
122	have known, that the crash occurred; and
123	(II)  The person failed to give information and render aid
124	as required by s. 316.062.
125
126	For purposes of this subsection, the definition of the term
127	"unborn quick child" shall be determined in accordance with the
128	definition of an unborn child viable fetus as set forth in s.
129	782.071. A person who is convicted of DUI manslaughter shall be
130	sentenced to a mandatory minimum term of imprisonment of 4
131	years.
132	Section 5.  Paragraph (g) of subsection (2) of section
133	435.04, Florida Statutes, is amended to read:
134	435.04  Level 2 screening standards.-
135	(2)  The security background investigations under this
136	section must ensure that no persons subject to the provisions of
137	this section have been arrested for and are awaiting final
138	disposition of, have been found guilty of, regardless of
139	adjudication, or entered a plea of nolo contendere or guilty to,
140	or have been adjudicated delinquent and the record has not been
141	sealed or expunged for, any offense prohibited under any of the
142	following provisions of state law or similar law of another
143	jurisdiction:
144	(g)  Section 782.09, relating to killing of an unborn quick
145	child by injury to the mother.
146	Section 6.  Paragraph (g) of subsection (3) of section
147	921.0022, Florida Statutes, is amended to read:
148	921.0022  Criminal Punishment Code; offense severity
149	ranking chart.-
150	(3)  OFFENSE SEVERITY RANKING CHART
151	(g)  LEVEL 7
152
	FloridaStatute FelonyDegree Description
153
	316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
154
	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
155
	316.1935(3)(b) 1st Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
156
	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
157
	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
158
	409.920  (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
159
	409.920  (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
160
	456.065(2) 3rd Practicing a health care profession without a license.
161
	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
162
	458.327(1) 3rd Practicing medicine without a license.
163
	459.013(1) 3rd Practicing osteopathic medicine without a license.
164
	460.411(1) 3rd Practicing chiropractic medicine without a license.
165
	461.012(1) 3rd Practicing podiatric medicine without a license.
166
	462.17 3rd Practicing naturopathy without a license.
167
	463.015(1) 3rd Practicing optometry without a license.
168
	464.016(1) 3rd Practicing nursing without a license.
169
	465.015(2) 3rd Practicing pharmacy without a license.
170
	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
171
	467.201 3rd Practicing midwifery without a license.
172
	468.366 3rd Delivering respiratory care services without a license.
173
	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
174
	483.901(9) 3rd Practicing medical physics without a license.
175
	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
176
	484.053 3rd Dispensing hearing aids without a license.
177
	494.0018(2) 1st Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
178
	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
179
	560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
180
	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
181
	775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations.
182
	775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
183
	775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
184
	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
185
	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
186
	782.071 2nd Killing of a human being or unborn child viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
187
	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
188
	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
189
	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
190
	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
191
	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
192
	784.048(7) 3rd Aggravated stalking; violation of court order.
193
	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
194
	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
195
	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
196
	784.081(1) 1st Aggravated battery on specified official or employee.
197
	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
198
	784.083(1) 1st Aggravated battery on code inspector.
199
	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
200
	790.16(1) 1st Discharge of a machine gun under specified circumstances.
201
	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
202
	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
203
	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
204
	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
205
	790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
206
	794.08(4) 3rd Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
207
	796.03 2nd Procuring any person under 16 years for prostitution.
208
	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
209
	800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
210
	806.01(2) 2nd Maliciously damage structure by fire or explosive.
211
	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
212
	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
213
	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
214
	810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
215
	812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
216
	812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
217
	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
218
	812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
219
	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
220
	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
221
	812.131(2)(a) 2nd Robbery by sudden snatching.
222
	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
223
	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
224
	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
225
	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
226
	817.2341  (2)(b) & (3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
227
	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
228
	825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
229
	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
230
	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
231
	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
232
	838.015 2nd Bribery.
233
	838.016 2nd Unlawful compensation or reward for official behavior.
234
	838.021(3)(a) 2nd Unlawful harm to a public servant.
235
	838.22 2nd Bid tampering.
236
	847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
237
	847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
238
	872.06 2nd Abuse of a dead human body.
239
	874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
240
	893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
241
	893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
242
	893.13(4)(a) 1st Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
243
	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
244
	893.135  (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
245
	893.135  (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
246
	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
247
	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
248
	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
249
	893.135  (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
250
	893.135  (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
251
	893.135  (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
252
	893.135  (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
253
	893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
254
	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
255
	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
256
	943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
257
	943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
258
	943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
259
	943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
260
	943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
261
	944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
262
	944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
263
	944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
264
	944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
265
	985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
266
	985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
267
	985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
268
269	Section 7.  This act shall take effect October 1, 2012.

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