Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. SB 102
Ì300572ÆÎ300572
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
01/09/2014 .
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recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. This act may be cited as the “Aaron Cohen Life
6 Protection Act.”
7 Section 2. Section 316.027, Florida Statutes, is amended to
8 read:
9 316.027 Crash involving death or personal injuries.—
10 (1) As used in this section, the term:
11 (a) “Serious bodily injury” means an injury to a person,
12 including the driver, which consists of a physical condition
13 that creates a substantial risk of death, serious personal
14 disfigurement, or protracted loss or impairment of the function
15 of a bodily member or organ.
16 (b) “Vulnerable road user” means:
17 1. A pedestrian, including a person actually engaged in
18 work upon a highway, or in work upon utility facilities along a
19 highway, or engaged in the provision of emergency services
20 within the right-of-way;
21 2. A person operating a bicycle, motorcycle, scooter, or
22 moped lawfully on the roadway;
23 3. A person riding an animal; or
24 4. A person lawfully operating on a public right-of-way,
25 crosswalk, or shoulder of the roadway:
26 a. A farm tractor or similar vehicle designed primarily for
27 farm use;
28 b. A skateboard, roller skates, or in-line skates;
29 c. A horse-drawn carriage;
30 d. An electric personal assistive mobility device; or
31 e. A wheelchair.
32 (2)(1)(a) The driver of a any vehicle involved in a crash
33 occurring on public or private property which that results in
34 injury to a of any person other than serious bodily injury shall
35 must immediately stop the vehicle at the scene of the crash, or
36 as close thereto as possible, and shall must remain at the scene
37 of the crash until he or she has fulfilled the requirements of
38 s. 316.062. A Any person who willfully violates this paragraph
39 commits a felony of the third degree, punishable as provided in
40 s. 775.082, s. 775.083, or s. 775.084.
41 (b) The driver of a vehicle involved in a crash occurring
42 on public or private property which results in serious bodily
43 injury to a person shall immediately stop the vehicle at the
44 scene of the crash, or as close thereto as possible, and shall
45 remain at the scene of the crash until he or she has fulfilled
46 the requirements of s. 316.062. A person who willfully violates
47 this paragraph commits a felony of the second degree, punishable
48 as provided in s. 775.082, s. 775.083, or s. 775.084.
49 (c)(b) The driver of a any vehicle involved in a crash
50 occurring on public or private property which that results in
51 the death of a any person shall must immediately stop the
52 vehicle at the scene of the crash, or as close thereto as
53 possible, and shall must remain at the scene of the crash until
54 he or she has fulfilled the requirements of s. 316.062. A person
55 who is arrested for a violation of this paragraph and who has
56 previously been convicted of a violation of this section, s.
57 316.061, s. 316.191, or s. 316.193, or a felony violation of s.
58 322.34, shall be held in custody until brought before the court
59 for admittance to bail in accordance with chapter 903. A Any
60 person who willfully violates this paragraph commits a felony of
61 the first degree, punishable as provided in s. 775.082, s.
62 775.083, or s. 775.084, and shall be sentenced to a mandatory
63 minimum term of imprisonment of 4 years. A Any person who
64 willfully commits such a violation while driving under the
65 influence as set forth in s. 316.193(1) shall be sentenced to a
66 mandatory minimum term of imprisonment of 4 2 years.
67 (d)(c) Notwithstanding s. 775.089(1)(a), if the driver of a
68 vehicle violates paragraph (a), or paragraph (b), or paragraph
69 (c), the court shall order the driver to make restitution to the
70 victim for any damage or loss unless the court finds clear and
71 compelling reasons not to order the restitution. Restitution may
72 be monetary or nonmonetary restitution. The court shall make the
73 payment of restitution a condition of probation in accordance
74 with s. 948.03. An order requiring the defendant to make
75 restitution to a victim does not remove or diminish the
76 requirement that the court order payment to the Crimes
77 Compensation Trust Fund under chapter 960. Payment of an award
78 by the Crimes Compensation Trust Fund creates an order of
79 restitution to the Crimes Compensation Trust Fund unless
80 specifically waived in accordance with s. 775.089(1)(b).
81 (e) A driver who violates paragraph (a), paragraph (b), or
82 paragraph (c) shall:
83 1. Have his or her driver license revoked for at least 3
84 years as provided in s. 322.28(4);
85 2. Participate in a victim’s impact panel session in a
86 judicial circuit if such a panel exists; or
87 3. Participate in a driver education course relating to the
88 rights of vulnerable road users relative to vehicles on the
89 roadway.
90 (f) For purposes of sentencing under chapter 921 and
91 determining incentive gain-time eligibility under chapter 944,
92 an offense listed in this subsection is ranked one level above
93 the ranking specified in s. 921.0022 or s. 921.0023 for the
94 offense committed if the victim of the offense was a vulnerable
95 road user.
96 (g) The defendant may move to depart from the mandatory
97 minimum term of imprisonment prescribed in paragraph (c) unless
98 the violation was committed while the defendant was driving
99 under the influence. The state may object to this departure. The
100 court may grant the motion only if it finds that a factor,
101 consideration, or circumstance clearly demonstrates that
102 imposing a mandatory minimum term of imprisonment would
103 constitute or result in an injustice. The court shall state in
104 open court the basis for granting the motion.
105 (2) The department shall revoke the driver’s license of the
106 person so convicted.
107 (3) The stops shall Every stop must be made without
108 unnecessarily obstructing traffic more than is necessary, and,
109 if a damaged vehicle is obstructing traffic, the driver of the
110 vehicle shall must make every reasonable effort to move the
111 vehicle or have it moved so as not to obstruct the regular flow
112 of traffic. A Any person who fails to comply with this
113 subsection shall be cited for a nonmoving violation, punishable
114 as provided in chapter 318.
115 (4) In addition to any other civil, criminal, or
116 administrative penalty imposed, a person whose commission of a
117 noncriminal traffic infraction or a any violation of this
118 chapter or s. 1006.66 causes or results in the death of another
119 person may, in addition to any other civil, criminal, or
120 administrative penalty imposed, be required by the court to
121 serve 120 community service hours in a trauma center or hospital
122 that regularly receives victims of vehicle accidents, under the
123 supervision of a registered nurse, an emergency room physician,
124 or an emergency medical technician pursuant to a voluntary
125 community service program operated by the trauma center or
126 hospital.
127 (5) This section does not apply to crashes occurring during
128 a motorsports event, as defined in s. 549.10(1), or at a closed
129 course motorsport facility, as defined in s. 549.09(1).
130 Section 3. Subsection (4) of section 322.28, Florida
131 Statutes, is amended to read:
132 322.28 Period of suspension or revocation.—
133 (4)(a) Upon a conviction for a violation of s.
134 316.193(3)(c)2., involving serious bodily injury, a conviction
135 of manslaughter resulting from the operation of a motor vehicle,
136 or a conviction of vehicular homicide, the court shall revoke
137 the driver license of the person convicted for a minimum period
138 of 3 years. If a conviction under s. 316.193(3)(c)2., involving
139 serious bodily injury, is also a subsequent conviction as
140 described under paragraph (2)(a), the court shall revoke the
141 driver license or driving privilege of the person convicted for
142 the period applicable as provided in paragraph (2)(a) or
143 paragraph (2)(d).
144 (b) Upon a conviction for a violation of s. 316.027(2)(a),
145 s. 316.027(2)(b), or s. 316.027(2)(c) involving injury, serious
146 bodily injury, or death, the court shall revoke the driver
147 license of the person convicted for a minimum period of 3 years.
148 (c)(b) If the period of revocation was not specified by the
149 court at the time of imposing sentence or within 30 days
150 thereafter, the department shall revoke the driver license for
151 the minimum period applicable under paragraph (a) or paragraph
152 (b) or, for a subsequent conviction, for the minimum period
153 applicable under paragraph (2)(a) or paragraph (2)(d).
154 Section 4. For the purpose of incorporating the amendment
155 made by this act to section 322.28, Florida Statutes, in a
156 reference thereto, subsection (6) of section 322.34, Florida
157 Statutes, is reenacted and amended to read:
158 322.34 Driving while license suspended, revoked, canceled,
159 or disqualified.—
160 (6) Any person who operates a motor vehicle:
161 (a) Without having a driver’s license as required under s.
162 322.03; or
163 (b) While his or her driver’s license or driving privilege
164 is canceled, suspended, or revoked pursuant to s. 316.655, s.
165 322.26(8), s. 322.27(2), or s. 322.28(2) or (4),
166
167 and who by careless or negligent operation of the motor vehicle
168 causes the death of or serious bodily injury to another human
169 being commits is guilty of a felony of the third degree,
170 punishable as provided in s. 775.082 or s. 775.083.
171 Section 5. Paragraphs (e) through (g) of subsection (3) of
172 section 921.0022, Florida Statutes, are amended to read:
173 921.0022 Criminal Punishment Code; offense severity ranking
174 chart.—
175 (3) OFFENSE SEVERITY RANKING CHART
176 (e) LEVEL 5
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179 FloridaStatute FelonyDegree Description
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229 (f) LEVEL 6
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289 (g) LEVEL 7
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417 Section 6. This act shall take effect July 1, 2014.
418
419 ================= T I T L E A M E N D M E N T ================
420 And the title is amended as follows:
421 Delete everything before the enacting clause
422 and insert:
423 A bill to be entitled
424 An act relating to drivers leaving the scene of a
425 crash; creating the “Aaron Cohen Life Protection Act”;
426 amending s. 316.027, F.S.; redefining the term
427 “serious bodily injury” and defining the term
428 “vulnerable road user”; requiring the driver of a
429 vehicle involved in a crash that results in serious
430 bodily injury to a person to immediately stop the
431 vehicle and remain at the scene of the crash;
432 providing that a person commits a felony of the second
433 degree if he or she fails to stop the vehicle and
434 remain at the scene of the crash until specified
435 requirements are fulfilled; requiring the court to
436 impose a mandatory minimum term of imprisonment under
437 certain circumstances; requiring the revocation of the
438 driver’s driver license; requiring the driver to
439 participate in specified programs; providing for
440 ranking of an offense committed if the victim of the
441 offense was a vulnerable road user; authorizing the
442 defendant to move to depart from the mandatory minimum
443 term of imprisonment under certain circumstances;
444 providing requirements and procedures for such
445 departure; amending s. 322.28, F.S.; requiring the
446 court to revoke for at least 3 years the driver
447 license of a person convicted of leaving the scene of
448 a crash involving injury, serious bodily injury, or
449 death; reenacting and amending s. 322.34(6), F.S.,
450 relating to driving while a driver license is
451 suspended, revoked, canceled, or disqualified, to
452 incorporate the amendment to s. 322.28, F.S., in a
453 reference thereto; amending s. 921.0022, F.S.;
454 revising the offense severity ranking chart;
455 conforming a cross-reference; providing an effective
456 date.