Florida Senate - 2010 SB 290
By Senator Fasano
11-00413-10 2010290__
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 defining the term “unborn child” for purposes of
5 vehicular homicide; revising terminology to refer to
6 “unborn child” rather than “viable fetus”; providing
7 legislative intent; amending s. 782.09, F.S.; revising
8 terminology; providing that certain offenses relating
9 to the killing of an unborn child by injury to the
10 mother do not require specified knowledge or intent;
11 amending ss. 316.193, 435.03, 435.04, and 921.0022,
12 F.S.; conforming terminology; providing an effective
13 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 to
20 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 in
30 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 a member of the species homo sapiens, at any stage of
40 development, who is carried in the womb 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 shall not be construed to
46 create or expand any civil cause of action for negligence based
47 on statute or 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 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 that the
95 person engaging in the conduct:
96 (a) Had knowledge or should have had knowledge that the
97 victim of the underlying offense was pregnant; or
98 (b) Intended to cause the death of, or bodily injury to,
99 the unborn child.
100 Section 4. Subsection (3) of section 316.193, Florida
101 Statutes, is amended to read:
102 316.193 Driving under the influence; penalties.—
103 (3) Any person:
104 (a) Who is in violation of subsection (1);
105 (b) Who operates a vehicle; and
106 (c) Who, by reason of such operation, causes or contributes
107 to causing:
108 1. Damage to the property or person of another commits a
109 misdemeanor of the first degree, punishable as provided in s.
110 775.082 or s. 775.083.
111 2. Serious bodily injury to another, as defined in s.
112 316.1933, commits a felony of the third degree, punishable as
113 provided in s. 775.082, s. 775.083, or s. 775.084.
114 3. The death of any human being or unborn quick child
115 commits DUI manslaughter, and commits:
116 a. A felony of the second degree, punishable as provided in
117 s. 775.082, s. 775.083, or s. 775.084.
118 b. A felony of the first degree, punishable as provided in
119 s. 775.082, s. 775.083, or s. 775.084, if:
120 (I) At the time of the crash, the person knew, or should
121 have known, that the crash occurred; and
122 (II) The person failed to give information and render aid
123 as required by s. 316.062.
124
125 For purposes of this subsection, the definition of the term
126 “unborn quick child” shall be determined in accordance with the
127 definition of an unborn child viable fetus as set forth in s.
128 782.071. A person who is convicted of DUI manslaughter shall be
129 sentenced to a mandatory minimum term of imprisonment of 4
130 years.
131 Section 5. Paragraph (g) of subsection (2) of section
132 435.03, Florida Statutes, is amended to read:
133 435.03 Level 1 screening standards.—
134 (2) Any person for whom employment screening is required by
135 statute must not have been found guilty of, regardless of
136 adjudication, or entered a plea of nolo contendere or guilty to,
137 any offense prohibited under any of the following provisions of
138 the Florida Statutes or under any similar statute of another
139 jurisdiction:
140 (g) Section 782.09, relating to killing of an unborn quick
141 child by injury to the mother.
142 Section 6. Paragraph (g) of subsection (2) of section
143 435.04, Florida Statutes, is amended to read:
144 435.04 Level 2 screening standards.—
145 (2) The security background investigations under this
146 section must ensure that no persons subject to the provisions of
147 this section have been found guilty of, regardless of
148 adjudication, or entered a plea of nolo contendere or guilty to,
149 any offense prohibited under any of the following provisions of
150 the Florida Statutes or under any similar statute of another
151 jurisdiction:
152 (g) Section 782.09, relating to killing of an unborn quick
153 child by injury to the mother.
154 Section 7. Paragraph (g) of subsection (3) of section
155 921.0022, Florida Statutes, is amended to read:
156 921.0022 Criminal Punishment Code; offense severity ranking
157 chart.—
158 (3) OFFENSE SEVERITY RANKING CHART
159 (g) LEVEL 7
160 FloridaStatute FelonyDegree Description
161 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
162 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
163 316.1935(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.
164 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
165 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
166 409.920(2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
167 409.920(2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
168 456.065(2) 3rd Practicing a health care profession without a license.
169 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
170 458.327(1) 3rd Practicing medicine without a license.
171 459.013(1) 3rd Practicing osteopathic medicine without a license.
172 460.411(1) 3rd Practicing chiropractic medicine without a license.
173 461.012(1) 3rd Practicing podiatric medicine without a license.
174 462.17 3rd Practicing naturopathy without a license.
175 463.015(1) 3rd Practicing optometry without a license.
176 464.016(1) 3rd Practicing nursing without a license.
177 465.015(2) 3rd Practicing pharmacy without a license.
178 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
179 467.201 3rd Practicing midwifery without a license.
180 468.366 3rd Delivering respiratory care services without a license.
181 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
182 483.901(9) 3rd Practicing medical physics without a license.
183 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
184 484.053 3rd Dispensing hearing aids without a license.
185 494.0018(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.
186 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
187 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
188 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
189 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
190 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
191 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
192 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
193 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
194 782.071 2nd Killing of a human being or unborn child viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
195 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
196 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
197 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
198 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
199 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
200 784.048(7) 3rd Aggravated stalking; violation of court order.
201 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
202 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
203 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
204 784.081(1) 1st Aggravated battery on specified official or employee.
205 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
206 784.083(1) 1st Aggravated battery on code inspector.
207 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
208 790.16(1) 1st Discharge of a machine gun under specified circumstances.
209 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
210 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
211 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
212 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
213 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
214 794.08(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.
215 796.03 2nd Procuring any person under 16 years for prostitution.
216 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
217 800.04(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.
218 806.01(2) 2nd Maliciously damage structure by fire or explosive.
219 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
220 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
221 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
222 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
223 812.014(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.
224 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
225 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
226 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
227 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
228 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
229 812.131(2)(a) 2nd Robbery by sudden snatching.
230 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
231 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
232 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
233 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
234 817.2341(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.
235 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
236 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
237 827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
238 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
239 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
240 838.015 2nd Bribery.
241 838.016 2nd Unlawful compensation or reward for official behavior.
242 838.021(3)(a) 2nd Unlawful harm to a public servant.
243 838.22 2nd Bid tampering.
244 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
245 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
246 872.06 2nd Abuse of a dead human body.
247 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
248 893.13(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.
249 893.13(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.
250 893.13(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).
251 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
252 893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
253 893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
254 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
255 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
256 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
257 893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
258 893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
259 893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
260 893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
261 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
262 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
263 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
264 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
265 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
266 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
267 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
268 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
269 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
270 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
271 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
272 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
273 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
274 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
275 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
276 Section 8. This act shall take effect October 1, 2010.