Florida Senate - 2014 SB 162
By Senators Stargel, Benacquisto, and Flores
15-00115-14 2014162__
1 A bill to be entitled
2 An act relating to offenses against unborn children;
3 providing a short title; amending s. 775.021, F.S.;
4 providing a rule of construction that a person who
5 engages in conduct that violates any provision of the
6 Florida Criminal Code or of a criminal offense defined
7 by another statute and causes the death of, or bodily
8 injury to, an unborn child commits a separate offense
9 if such an offense is not otherwise specifically
10 provided for; providing for criminal penalties for
11 such an offense; specifying that certain types of
12 knowledge or intent are not necessary for such an
13 offense; providing exceptions; providing a definition;
14 amending ss. 316.193, 435.04, 782.071, 782.09, and
15 921.0022, F.S.; defining and substituting the term
16 “unborn child” for similar terms used in provisions
17 relating to driving under the influence, employment
18 background screening standards, vehicular homicide,
19 the killing of an unborn quick child by injury to the
20 child’s mother, and the offense severity ranking chart
21 of the Criminal Punishment Code, respectively;
22 conforming terminology; providing an effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. This act may be cited as the “Florida Unborn
27 Victims of Violence Act.”
28 Section 2. Subsection (5) is added to section 775.021,
29 Florida Statutes, to read:
30 775.021 Rules of construction.—
31 (5) Whoever commits an act that violates any provision of
32 this code or commits a criminal offense defined by another
33 statute and thereby causes the death of, or bodily injury to, an
34 unborn child commits a separate offense if the provision or
35 statute does not otherwise specifically provide a separate
36 offense for such death or injury to an unborn child.
37 (a) Except as otherwise provided in this subsection, the
38 punishment for a separate offense under this subsection is the
39 same as the punishment provided under this code or other statute
40 for that conduct had the injury or death occurred to the mother
41 of the unborn child.
42 (b) An offense under this subsection does not require proof
43 that the person engaging in the conduct:
44 1. Had knowledge or should have had knowledge that the
45 victim of the underlying offense was pregnant; or
46 2. Intended to cause the death of, or bodily injury to, the
47 unborn child.
48 (c) Notwithstanding any other provision of law, the death
49 penalty may not be imposed for an offense under this subsection.
50 (d) This subsection does not permit the prosecution:
51 1. Of any person for conduct relating to an abortion for
52 which the consent of the pregnant woman, or a person authorized
53 by law to act on her behalf, has been obtained or for which such
54 consent is implied by law;
55 2. Of any person for any medical treatment of the pregnant
56 woman or her unborn child; or
57 3. Of any woman with respect to her unborn child.
58 (e) As used in this subsection, the term “unborn child”
59 means a member of the species homo sapiens, at any stage of
60 development, who is carried in the womb.
61 Section 3. Subsection (3) of section 316.193, Florida
62 Statutes, is amended to read:
63 316.193 Driving under the influence; penalties.—
64 (3) Any person:
65 (a) Who is in violation of subsection (1);
66 (b) Who operates a vehicle; and
67 (c) Who, by reason of such operation, causes or contributes
68 to causing:
69 1. Damage to the property or person of another commits a
70 misdemeanor of the first degree, punishable as provided in s.
71 775.082 or s. 775.083.
72 2. Serious bodily injury to another, as defined in s.
73 316.1933, commits a felony of the third degree, punishable as
74 provided in s. 775.082, s. 775.083, or s. 775.084.
75 3. The death of any human being or unborn quick child
76 commits DUI manslaughter, and commits:
77 a. A felony of the second degree, punishable as provided in
78 s. 775.082, s. 775.083, or s. 775.084.
79 b. A felony of the first degree, punishable as provided in
80 s. 775.082, s. 775.083, or s. 775.084, if:
81 (I) At the time of the crash, the person knew, or should
82 have known, that the crash occurred; and
83 (II) The person failed to give information and render aid
84 as required by s. 316.062.
85
86 For purposes of this subsection, the definition of the term
87 “unborn quick child” has the same meaning as provided in s.
88 775.021(5) shall be determined in accordance with the definition
89 of viable fetus as set forth in s. 782.071. A person who is
90 convicted of DUI manslaughter shall be sentenced to a mandatory
91 minimum term of imprisonment of 4 years.
92 Section 4. Paragraph (g) of subsection (2) of section
93 435.04, Florida Statutes, is amended to read:
94 435.04 Level 2 screening standards.—
95 (2) The security background investigations under this
96 section must ensure that no persons subject to the provisions of
97 this section have been arrested for and are awaiting final
98 disposition of, have been found guilty of, regardless of
99 adjudication, or entered a plea of nolo contendere or guilty to,
100 or have been adjudicated delinquent and the record has not been
101 sealed or expunged for, any offense prohibited under any of the
102 following provisions of state law or similar law of another
103 jurisdiction:
104 (g) Section 782.09, relating to killing of an unborn quick
105 child by injury to the mother.
106 Section 5. Section 782.071, Florida Statutes, is amended to
107 read:
108 782.071 Vehicular homicide.—“Vehicular homicide” is the
109 killing of a human being, or the killing of an unborn child a
110 viable fetus by an any injury to the mother, caused by the
111 operation of a motor vehicle by another in a reckless manner
112 likely to cause the death of, or great bodily harm to, another.
113 (1) Vehicular homicide is:
114 (a) A felony of the second degree, punishable as provided
115 in s. 775.082, s. 775.083, or s. 775.084.
116 (b) A felony of the first degree, punishable as provided in
117 s. 775.082, s. 775.083, or s. 775.084, if:
118 1. At the time of the accident, the person knew, or should
119 have known, that the accident occurred; and
120 2. The person failed to give information and render aid as
121 required by s. 316.062.
122
123 This paragraph does not require that the person knew that the
124 accident resulted in injury or death.
125 (2) For purposes of this section, the term “unborn child”
126 has the same meaning as provided in s. 775.021(5) a fetus is
127 viable when it becomes capable of meaningful life outside the
128 womb through standard medical measures.
129 (3) A right of action for civil damages shall exist under
130 s. 768.19, under all circumstances, for all deaths described in
131 this section.
132 (4) In addition to any other punishment, the court may
133 order the person to serve 120 community service hours in a
134 trauma center or hospital that regularly receives victims of
135 vehicle accidents, under the supervision of a registered nurse,
136 an emergency room physician, or an emergency medical technician
137 pursuant to a voluntary community service program operated by
138 the trauma center or hospital.
139 Section 6. Section 782.09, Florida Statutes, is amended to
140 read:
141 782.09 Killing of unborn quick child by injury to mother.—
142 (1) The unlawful killing of an unborn quick child, by an
143 any injury to the mother of the such child which would be murder
144 if it resulted in the death of the such mother, shall be deemed
145 murder in the same degree as that which would have been
146 committed against the mother. A Any person, other than the
147 mother, who unlawfully kills an unborn quick child by any injury
148 to the mother:
149 (a) Which would be murder in the first degree constituting
150 a capital felony if it resulted in the mother’s death commits
151 murder in the first degree constituting a capital felony,
152 punishable as provided in s. 775.082.
153 (b) Which would be murder in the second degree if it
154 resulted in the mother’s death commits murder in the second
155 degree, a felony of the first degree, punishable as provided in
156 s. 775.082, s. 775.083, or s. 775.084.
157 (c) Which would be murder in the third degree if it
158 resulted in the mother’s death commits murder in the third
159 degree, a felony of the second degree, punishable as provided in
160 s. 775.082, s. 775.083, or s. 775.084.
161 (2) The unlawful killing of an unborn quick child by any
162 injury to the mother of the such child which would be
163 manslaughter if it resulted in the death of the such mother
164 shall be deemed manslaughter. A person who unlawfully kills an
165 unborn quick child by any injury to the mother which would be
166 manslaughter if it resulted in the mother’s death commits
167 manslaughter, a felony of the second degree, punishable as
168 provided in s. 775.082, s. 775.083, or s. 775.084.
169 (3) The death of the mother resulting from the same act or
170 criminal episode that caused the death of the unborn quick child
171 does not bar prosecution under this section.
172 (4) This section does not authorize the prosecution of any
173 person in connection with a termination of pregnancy pursuant to
174 chapter 390.
175 (5) For purposes of this section, the definition of the
176 term “unborn quick child” has the same meaning as provided in s.
177 775.021(5) shall be determined in accordance with the definition
178 of viable fetus as set forth in s. 782.071.
179 Section 7. Paragraph (g) of subsection (3) of section
180 921.0022, Florida Statutes, is amended to read:
181 921.0022 Criminal Punishment Code; offense severity ranking
182 chart.—
183 (3) OFFENSE SEVERITY RANKING CHART
184 (g) LEVEL 7
185
186 FloridaStatute FelonyDegree Description
187 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
188 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
189 316.1935(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.
190 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
191 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
192 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
193 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
194 456.065(2) 3rd Practicing a health care profession without a license.
195 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
196 458.327(1) 3rd Practicing medicine without a license.
197 459.013(1) 3rd Practicing osteopathic medicine without a license.
198 460.411(1) 3rd Practicing chiropractic medicine without a license.
199 461.012(1) 3rd Practicing podiatric medicine without a license.
200 462.17 3rd Practicing naturopathy without a license.
201 463.015(1) 3rd Practicing optometry without a license.
202 464.016(1) 3rd Practicing nursing without a license.
203 465.015(2) 3rd Practicing pharmacy without a license.
204 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
205 467.201 3rd Practicing midwifery without a license.
206 468.366 3rd Delivering respiratory care services without a license.
207 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
208 483.901(9) 3rd Practicing medical physics without a license.
209 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
210 484.053 3rd Dispensing hearing aids without a license.
211 494.0018(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.
212 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
213 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
214 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
215 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver driver’s license or identification card; other registration violations.
216 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
217 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
218 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
219 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
220 782.071 2nd Killing of a human being or unborn child viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
221 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
222 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
223 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
224 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
225 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
226 784.048(7) 3rd Aggravated stalking; violation of court order.
227 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
228 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
229 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
230 784.081(1) 1st Aggravated battery on specified official or employee.
231 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
232 784.083(1) 1st Aggravated battery on code inspector.
233 787.06(3)(a) 1st Human trafficking using coercion for labor and services.
234 787.06(3)(e) 1st Human trafficking using coercion for labor and services by the transfer or transport of any individual from outside Florida to within the state.
235 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
236 790.16(1) 1st Discharge of a machine gun under specified circumstances.
237 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
238 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
239 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
240 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
241 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
242 794.08(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.
243 796.03 2nd Procuring any person under 16 years for prostitution.
244 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
245 800.04(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.
246 806.01(2) 2nd Maliciously damage structure by fire or explosive.
247 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
248 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
249 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
250 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
251 812.014(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.
252 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
253 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
254 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
255 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
256 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
257 812.131(2)(a) 2nd Robbery by sudden snatching.
258 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
259 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
260 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
261 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
262 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
263 817.2341 (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.
264 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
265 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
266 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
267 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
268 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
269 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
270 838.015 2nd Bribery.
271 838.016 2nd Unlawful compensation or reward for official behavior.
272 838.021(3)(a) 2nd Unlawful harm to a public servant.
273 838.22 2nd Bid tampering.
274 843.0855(2) 3rd Impersonation of a public officer or employee.
275 843.0855(3) 3rd Unlawful simulation of legal process.
276 843.0855(4) 3rd Intimidation of a public officer or employee.
277 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
278 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
279 872.06 2nd Abuse of a dead human body.
280 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
281 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
282 893.13(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.
283 893.13(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.
284 893.13(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).
285 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
286 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
287 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
288 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
289 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
290 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
291 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
292 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
293 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
294 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
295 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
296 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
297 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
298 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
299 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
300 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
301 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
302 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
303 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
304 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
305 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
306 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
307 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
308 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
309 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
310
311 Section 8. This act shall take effect October 1, 2014.