CODING: Words stricken are deletions; words underlined are additions.House Bill 1269
Florida House of Representatives - 1997 HB 1269
By Representative Healey
1 A bill to be entitled
2 An act relating to vehicular homicide; amending
3 s. 782.071, F.S.; redefining the offense of
4 "vehicular homicide" to include the killing of
5 an unborn quick child by any injury to the
6 mother which would be vehicular homicide if it
7 resulted in the death of the mother; providing
8 penalties; reenacting ss. 921.0012(3)(h) and
9 960.03(3), F.S., relating to the offense
10 severity ranking chart and the definition of
11 "crime" with respect to the Florida Crimes
12 Compensation Act, respectively, to incorporate
13 said amendment in references; amending s.
14 921.0012, F.S., relating to the offense
15 severity ranking chart, to conform terminology;
16 providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Section 782.071, Florida Statutes, 1996
21 Supplement, is amended to read:
22 782.071 Vehicular homicide.--"Vehicular homicide" is
23 the killing of a human being, or the killing of an unborn
24 quick child by any injury to the mother of such child which
25 would be vehicular homicide if it resulted in the death of
26 such mother, by the operation of a motor vehicle by another in
27 a reckless manner likely to cause the death of, or great
28 bodily harm to, another. Vehicular homicide is:
29 (1) A felony of the third degree, punishable as
30 provided in s. 775.082, s. 775.083, or s. 775.084.
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1 (2) A felony of the second degree, punishable as
2 provided in s. 775.082, s. 775.083, or s. 775.084, if:
3 (a) At the time of the accident, the person knew, or
4 should have known, that the accident occurred; and
5 (b) The person failed to give information and render
6 aid as required by s. 316.062.
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8 This subsection does not require that the person knew that the
9 accident resulted in injury or death.
10 Section 2. For the purpose of incorporating the
11 amendment to section 782.071, Florida Statutes, 1996
12 Supplement, in references thereto, the sections or
13 subdivisions of Florida Statutes set forth below are reenacted
14 to read:
15 921.0012 Sentencing guidelines offense levels; offense
16 severity ranking chart.--
17 (3) OFFENSE SEVERITY RANKING CHART
18 Florida Felony
19 Statute Degree Description
20
21 (h) LEVEL 8
22 316.193
23 (3)(c)3.a. 2nd DUI manslaughter.
24 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
25 777.03(2)(a) 1st Accessory after the fact, capital
26 felony.
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1 782.04(4) 2nd Killing of human without design
2 when engaged in act or attempt of
3 any felony other than arson,
4 sexual battery, robbery,
5 burglary, kidnapping, aircraft
6 piracy, or unlawfully discharging
7 bomb.
8 782.071(2) 2nd Committing vehicular homicide and
9 failing to render aid or give
10 information.
11 782.072(2) 2nd Committing vessel homicide and
12 failing to render aid or give
13 information.
14 790.161(3) 1st Discharging a destructive device
15 which results in bodily harm or
16 property damage.
17 794.011(5) 2nd Sexual battery, victim 12 years
18 or over, offender does not use
19 physical force likely to cause
20 serious injury.
21 806.01(1) 1st Maliciously damage dwelling or
22 structure by fire or explosive,
23 believing person in structure.
24 810.02(2)(a) 1st,PBL Burglary with assault or battery.
25 810.02(2)(b) 1st,PBL Burglary; armed with explosives
26 or dangerous weapon.
27 810.02(2)(c) 1st Burglary of a dwelling or
28 structure causing structural
29 damage or $1,000 or more property
30 damage.
31 812.13(2)(b) 1st Robbery with a weapon.
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1 812.135(2) 1st Home-invasion robbery.
2 825.102(2) 2nd Aggravated abuse of an elderly
3 person or disabled adult.
4 825.103(2)(a) 1st Exploiting an elderly person or
5 disabled adult and property is
6 valued at $100,000 or more.
7 827.03(2) 2nd Aggravated child abuse.
8 860.121(2)(c) 1st Shooting at or throwing any
9 object in path of railroad
10 vehicle resulting in great bodily
11 harm.
12 860.16 1st Aircraft piracy.
13 893.13(1)(b) 1st Sell or deliver in excess of 10
14 grams of any substance specified
15 in s. 893.03(1)(a) or (b).
16 893.13(2)(b) 1st Purchase in excess of 10 grams of
17 any substance specified in s.
18 893.03(1)(a) or (b).
19 893.13(6)(c) 1st Possess in excess of 10 grams of
20 any substance specified in s.
21 893.03(1)(a) or (b).
22 893.135(1)(a)2. 1st Trafficking in cannabis, more
23 than 2,000 lbs., less than 10,000
24 lbs.
25 893.135
26 (1)(b)1.b. 1st Trafficking in cocaine, more than
27 200 grams, less than 400 grams.
28 893.135
29 (1)(c)1.b. 1st Trafficking in illegal drugs,
30 more than 14 grams, less than 28
31 grams.
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1 893.135(1)(d)2. 1st Trafficking in phencyclidine,
2 more than 200 grams, less than
3 400 grams.
4 893.135(1)(e)2. 1st Trafficking in methaqualone, more
5 than 5 kilograms, less than 25
6 kilograms.
7 893.135(1)(f)2. 1st Trafficking in amphetamine, more
8 than 28 grams, less than 200
9 grams.
10 895.03(1) 1st Use or invest proceeds derived
11 from pattern of racketeering
12 activity.
13 895.03(2) 1st Acquire or maintain through
14 racketeering activity any
15 interest in or control of any
16 enterprise or real property.
17 895.03(3) 1st Conduct or participate in any
18 enterprise through pattern of
19 racketeering activity.
20
21 960.03 Definitions.--As used in ss. 960.01-960.28,
22 unless the context otherwise requires, the term:
23 (3) "Crime" means the commission by any person,
24 including a juvenile offender, of a felony or misdemeanor
25 offense punishable under the laws of this state, which results
26 in physical injury or death. The term also includes any such
27 criminal act which is committed within this state but which
28 falls exclusively within federal jurisdiction. "Crime" also
29 includes any violation of s. 316.193, s. 316.027(2), or s.
30 782.071(2), which results in physical injury or death;
31 however, no other act involving the operation of a motor
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1 vehicle, boat, or aircraft which results in injury or death
2 shall constitute a crime for the purpose of this chapter
3 unless the injury or death was intentionally inflicted through
4 the use of such vehicle, boat, or aircraft or unless such
5 vehicle, boat, or aircraft is an implement of a crime to which
6 this act applies. "Crime" also includes any such criminal act
7 committed outside of this state against a resident of this
8 state that would have been compensable if it had occurred in
9 this state and that occurred in a state that does not have an
10 eligible crime victim compensation program as the term is
11 defined in the federal Victims of Crime Act of 1984.
12 Section 3. Paragraph (g) of subsection (3) of section
13 921.0012, Florida Statutes, 1996 Supplement, is amended to
14 read:
15 921.0012 Sentencing guidelines offense levels; offense
16 severity ranking chart.--
17 (3) OFFENSE SEVERITY RANKING CHART
18 Florida Felony
19 Statute Degree Description
20
21 (g) LEVEL 7
22 316.193(3)(c)2. 3rd DUI resulting in serious bodily
23 injury.
24 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
25 bodily injury.
26 409.920(2) 3rd Medicaid provider fraud.
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1 494.0018(2) 1st Conviction of any violation of
2 ss. 494.001-494.0077 in which the
3 total money and property
4 unlawfully obtained exceeded
5 $50,000 and there were five or
6 more victims.
7 782.07(1) 2nd Killing of a human being by the
8 act, procurement, or culpable
9 negligence of another
10 (manslaughter).
11 782.071(1) 3rd Killing of human being or unborn
12 child by the operation of a motor
13 vehicle in a reckless manner
14 (vehicular homicide).
15 782.072(1) 3rd Killing of a human being by the
16 operation of a vessel in a
17 reckless manner (vessel
18 homicide).
19 784.045(1)(a)1. 2nd Aggravated battery; intentionally
20 causing great bodily harm or
21 disfigurement.
22 784.045(1)(a)2. 2nd Aggravated battery; using deadly
23 weapon.
24 784.045(1)(b) 2nd Aggravated battery; perpetrator
25 aware victim pregnant.
26 784.048(4) 3rd Aggravated stalking; violation of
27 injunction or court order.
28 784.07(2)(d) 1st Aggravated battery on law
29 enforcement officer.
30 784.08(2)(a) 1st Aggravated battery on a person 65
31 years of age or older.
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1 784.081(1) 1st Aggravated battery on specified
2 official or employee.
3 784.082(1) 1st Aggravated battery by detained
4 person on visitor or other
5 detainee.
6 790.07(4) 1st Specified weapons violation
7 subsequent to previous conviction
8 of s. 790.07(1) or (2).
9 790.16(1) 1st Discharge of a machine gun under
10 specified circumstances.
11 796.03 2nd Procuring any person under 16
12 years for prostitution.
13 800.04 2nd Handle, fondle, or assault child
14 under 16 years in lewd,
15 lascivious, or indecent manner.
16 806.01(2) 2nd Maliciously damage structure by
17 fire or explosive.
18 810.02(3)(a) 2nd Burglary of occupied dwelling;
19 unarmed; no assault or battery.
20 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
21 unarmed; no assault or battery.
22 810.02(3)(d) 2nd Burglary of occupied conveyance;
23 unarmed; no assault or battery.
24 812.014(2)(a) 1st Property stolen, valued at
25 $100,000 or more; property stolen
26 while causing other property
27 damage; 1st degree grand theft.
28 812.019(2) 1st Stolen property; initiates,
29 organizes, plans, etc., the theft
30 of property and traffics in
31 stolen property.
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1 812.133(2)(b) 1st Carjacking; no firearm, deadly
2 weapon, or other weapon.
3 825.102(3)(b) 2nd Neglecting an elderly person or
4 disabled adult causing great
5 bodily harm, disability, or
6 disfigurement.
7 825.1025(2) 2nd Lewd or lascivious battery upon
8 an elderly person or disabled
9 adult.
10 825.103(2)(b) 2nd Exploiting an elderly person or
11 disabled adult and property is
12 valued at $20,000 or more, but
13 less than $100,000.
14 827.03(3)(b) 2nd Neglect of a child causing great
15 bodily harm, disability, or
16 disfigurement.
17 827.04(4) 3rd Impregnation of a child under 16
18 years of age by person 21 years
19 of age or older.
20 872.06 2nd Abuse of a dead human body.
21 893.13(1)(c)1. 1st Sell, manufacture, or deliver
22 cocaine (or other s.
23 893.03(1)(a), (1)(b), (1)(d),
24 (2)(a), or (2)(b) drugs) within
25 1,000 feet of a school.
26 893.13(4)(a) 1st Deliver to minor cocaine (or
27 other s. 893.03(1)(a), (1)(b),
28 (1)(d), (2)(a), or (2)(b) drugs).
29 893.135(1)(a)1. 1st Trafficking in cannabis, more
30 than 50 lbs., less than 2,000
31 lbs.
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1 893.135
2 (1)(b)1.a. 1st Trafficking in cocaine, more than
3 28 grams, less than 200 grams.
4 893.135
5 (1)(c)1.a. 1st Trafficking in illegal drugs,
6 more than 4 grams, less than 14
7 grams.
8 893.135
9 (1)(d)1. 1st Trafficking in phencyclidine,
10 more than 28 grams, less than 200
11 grams.
12 893.135(1)(e)1. 1st Trafficking in methaqualone, more
13 than 200 grams, less than 5
14 kilograms.
15 893.135(1)(f)1. 1st Trafficking in amphetamine, more
16 than 14 grams, less than 28
17 grams.
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19 Section 4. This act shall take effect October 1, 1997,
20 and shall apply to offenses committed on or after that date.
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22 *****************************************
23 HOUSE SUMMARY
24
Redefines the offense of "vehicular homicide" to include
25 the killing of an unborn quick child by any injury to the
mother which would be vehicular homicide if it resulted
26 in the death of the mother. Provides penalties.
Conforms terminology in the offense severity ranking
27 chart.
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