House Bill 1269e1
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HB 1269, First Engrossed
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 a viable fetus by any injury to the mother
6 which would be vehicular homicide if it
7 resulted in the death of the mother; providing
8 a right of action for civil damages; providing
9 a definition; providing penalties; reenacting
10 ss. 921.0022(3)(h) and 960.03(3), F.S.,
11 relating to the Criminal Punishment Code
12 offense severity ranking chart and the
13 definition of "crime" with respect to the
14 Florida Crimes Compensation Act, respectively,
15 to incorporate said amendment in references;
16 amending s. 921.0022, F.S., relating to the
17 Criminal Punishment Code offense severity
18 ranking chart, to conform terminology;
19 providing an effective date.
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21 Be It Enacted by the Legislature of the State of Florida:
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23 Section 1. Section 782.071, Florida Statutes, is
24 amended to read:
25 782.071 Vehicular homicide.--"Vehicular homicide" is
26 the killing of a human being, or the killing of a viable fetus
27 by any injury to the mother of such child which would be
28 vehicular homicide if it resulted in the death of such mother,
29 by the operation of a motor vehicle by another in a reckless
30 manner likely to cause the death of, or great bodily harm to,
31 another. Vehicular homicide is:
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HB 1269, First Engrossed
1 (1) A felony of the third degree, punishable as
2 provided in s. 775.082, s. 775.083, or s. 775.084.
3 (2) A felony of the second degree, punishable as
4 provided in s. 775.082, s. 775.083, or s. 775.084, if:
5 (a) At the time of the accident, the person knew, or
6 should have known, that the accident occurred; and
7 (b) The person failed to give information and render
8 aid as required by s. 316.062.
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10 This subsection does not require that the person knew that the
11 accident resulted in injury or death. A right of action for
12 civil damages shall exist under s. 768.19, under all
13 circumstances, for all deaths described in this section. For
14 the purposes of this section, a "viable fetus" is defined as
15 that point in time when the fetus becomes capable of
16 meaningful life outside the womb through standard medical
17 measures.
18 Section 2. For the purpose of incorporating the
19 amendment to section 782.071, Florida Statutes, in references
20 thereto, the sections or subdivisions of Florida Statutes set
21 forth below are reenacted to read:
22 921.0022 Criminal Punishment Code; offense severity
23 ranking chart.--
24 (3) OFFENSE SEVERITY RANKING CHART
25
26 Florida Felony
27 Statute Degree Description
28
29 (h) LEVEL 8
30 316.193
31 (3)(c)3.a. 2nd DUI manslaughter.
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HB 1269, First Engrossed
1 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
2 777.03(2)(a) 1st Accessory after the fact, capital
3 felony.
4 782.04(4) 2nd Killing of human without design
5 when engaged in act or attempt of
6 any felony other than arson,
7 sexual battery, robbery,
8 burglary, kidnapping, aircraft
9 piracy, or unlawfully discharging
10 bomb.
11 782.071(2) 2nd Committing vehicular homicide and
12 failing to render aid or give
13 information.
14 782.072(2) 2nd Committing vessel homicide and
15 failing to render aid or give
16 information.
17 790.161(3) 1st Discharging a destructive device
18 which results in bodily harm or
19 property damage.
20 794.011(5) 2nd Sexual battery, victim 12 years
21 or over, offender does not use
22 physical force likely to cause
23 serious injury.
24 806.01(1) 1st Maliciously damage dwelling or
25 structure by fire or explosive,
26 believing person in structure.
27 810.02(2)(a) 1st,PBL Burglary with assault or battery.
28 810.02(2)(b) 1st,PBL Burglary; armed with explosives
29 or dangerous weapon.
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HB 1269, First Engrossed
1 810.02(2)(c) 1st Burglary of a dwelling or
2 structure causing structural
3 damage or $1,000 or more property
4 damage.
5 812.13(2)(b) 1st Robbery with a weapon.
6 812.135(2) 1st Home-invasion robbery.
7 825.102(2) 2nd Aggravated abuse of an elderly
8 person or disabled adult.
9 825.103(2)(a) 1st Exploiting an elderly person or
10 disabled adult and property is
11 valued at $100,000 or more.
12 827.03(2) 2nd Aggravated child abuse.
13 860.121(2)(c) 1st Shooting at or throwing any
14 object in path of railroad
15 vehicle resulting in great bodily
16 harm.
17 860.16 1st Aircraft piracy.
18 893.13(1)(b) 1st Sell or deliver in excess of 10
19 grams of any substance specified
20 in s. 893.03(1)(a) or (b).
21 893.13(2)(b) 1st Purchase in excess of 10 grams of
22 any substance specified in s.
23 893.03(1)(a) or (b).
24 893.13(6)(c) 1st Possess in excess of 10 grams of
25 any substance specified in s.
26 893.03(1)(a) or (b).
27 893.135(1)(a)2. 1st Trafficking in cannabis, more
28 than 2,000 lbs., less than 10,000
29 lbs.
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HB 1269, First Engrossed
1 893.135
2 (1)(b)1.b. 1st Trafficking in cocaine, more than
3 200 grams, less than 400 grams.
4 893.135
5 (1)(c)1.b. 1st Trafficking in illegal drugs,
6 more than 14 grams, less than 28
7 grams.
8 893.135
9 (1)(d)1.b. 1st Trafficking in phencyclidine,
10 more than 200 grams, less than
11 400 grams.
12 893.135
13 (1)(e)1.b. 1st Trafficking in methaqualone, more
14 than 5 kilograms, less than 25
15 kilograms.
16 893.135
17 (1)(f)1.b. 1st Trafficking in amphetamine, more
18 than 28 grams, less than 200
19 grams.
20 895.03(1) 1st Use or invest proceeds derived
21 from pattern of racketeering
22 activity.
23 895.03(2) 1st Acquire or maintain through
24 racketeering activity any
25 interest in or control of any
26 enterprise or real property.
27 895.03(3) 1st Conduct or participate in any
28 enterprise through pattern of
29 racketeering activity.
30 960.03 Definitions.--As used in ss. 960.01-960.28,
31 unless the context otherwise requires, the term:
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HB 1269, First Engrossed
1 (3) "Crime" means:
2 (a) A felony or misdemeanor offense committed by
3 either an adult or a juvenile which results in physical injury
4 or death. The term also includes any such criminal act which
5 is committed within this state but which falls exclusively
6 within federal jurisdiction.
7 (b) A violation of s. 316.193, s. 316.027(1), or s.
8 782.071(2), which results in physical injury or death;
9 however, no other act involving the operation of a motor
10 vehicle, boat, or aircraft which results in injury or death
11 shall constitute a crime for the purpose of this chapter
12 unless the injury or death was intentionally inflicted through
13 the use of such vehicle, boat, or aircraft or unless such
14 vehicle, boat, or aircraft is an implement of a crime to which
15 this act applies.
16 (c) A criminal act committed outside of this state
17 against a resident of this state that would have been
18 compensable if it had occurred in this state and that occurred
19 in a state that does not have an eligible crime victim
20 compensation program as the term is defined in the federal
21 Victims of Crime Act of 1984.
22 (d) An act of mass violence or an act of international
23 terrorism, as defined in 18 U.S.C. s. 2331, that is committed
24 outside of the territorial boundaries of the United States
25 upon a resident of this state, when such act results in
26 physical injury or death and the person is not eligible for
27 compensation under Title VIII of the Omnibus Diplomatic
28 Security and Antiterrorism Act of 1986.
29 Section 3. Paragraph (g) of subsection (3) of section
30 921.0022, Florida Statutes, is amended to read:
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HB 1269, First Engrossed
1 921.0022 Criminal Punishment Code; offense severity
2 ranking chart.--
3 (3) OFFENSE SEVERITY RANKING CHART
4
5 Florida Felony
6 Statute Degree Description
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8 (g) LEVEL 7
9 316.193(3)(c)2. 3rd DUI resulting in serious bodily
10 injury.
11 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
12 bodily injury.
13 409.920(2) 3rd Medicaid provider fraud.
14 494.0018(2) 1st Conviction of any violation of
15 ss. 494.001-494.0077 in which the
16 total money and property
17 unlawfully obtained exceeded
18 $50,000 and there were five or
19 more victims.
20 782.07(1) 2nd Killing of a human being by the
21 act, procurement, or culpable
22 negligence of another
23 (manslaughter).
24 782.071 3rd Killing of human being or viable
25 fetus by the operation of a motor
26 vehicle in a reckless manner
27 (vehicular homicide).
28 782.072 3rd Killing of a human being by the
29 operation of a vessel in a
30 reckless manner (vessel
31 homicide).
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HB 1269, First Engrossed
1 784.045(1)(a)1. 2nd Aggravated battery; intentionally
2 causing great bodily harm or
3 disfigurement.
4 784.045(1)(a)2. 2nd Aggravated battery; using deadly
5 weapon.
6 784.045(1)(b) 2nd Aggravated battery; perpetrator
7 aware victim pregnant.
8 784.048(4) 3rd Aggravated stalking; violation of
9 injunction or court order.
10 784.07(2)(d) 1st Aggravated battery on law
11 enforcement officer.
12 784.08(2)(a) 1st Aggravated battery on a person 65
13 years of age or older.
14 784.081(1) 1st Aggravated battery on specified
15 official or employee.
16 784.082(1) 1st Aggravated battery by detained
17 person on visitor or other
18 detainee.
19 790.07(4) 1st Specified weapons violation
20 subsequent to previous conviction
21 of s. 790.07(1) or (2).
22 790.16(1) 1st Discharge of a machine gun under
23 specified circumstances.
24 796.03 2nd Procuring any person under 16
25 years for prostitution.
26 800.04 2nd Handle, fondle, or assault child
27 under 16 years in lewd,
28 lascivious, or indecent manner.
29 806.01(2) 2nd Maliciously damage structure by
30 fire or explosive.
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HB 1269, First Engrossed
1 810.02(3)(a) 2nd Burglary of occupied dwelling;
2 unarmed; no assault or battery.
3 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
4 unarmed; no assault or battery.
5 810.02(3)(d) 2nd Burglary of occupied conveyance;
6 unarmed; no assault or battery.
7 812.014(2)(a) 1st Property stolen, valued at
8 $100,000 or more; property stolen
9 while causing other property
10 damage; 1st degree grand theft.
11 812.019(2) 1st Stolen property; initiates,
12 organizes, plans, etc., the theft
13 of property and traffics in
14 stolen property.
15 812.133(2)(b) 1st Carjacking; no firearm, deadly
16 weapon, or other weapon.
17 825.102(3)(b) 2nd Neglecting an elderly person or
18 disabled adult causing great
19 bodily harm, disability, or
20 disfigurement.
21 825.1025(2) 2nd Lewd or lascivious battery upon
22 an elderly person or disabled
23 adult.
24 825.103(2)(b) 2nd Exploiting an elderly person or
25 disabled adult and property is
26 valued at $20,000 or more, but
27 less than $100,000.
28 827.03(3)(b) 2nd Neglect of a child causing great
29 bodily harm, disability, or
30 disfigurement.
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HB 1269, First Engrossed
1 827.04(4) 3rd Impregnation of a child under 16
2 years of age by person 21 years
3 of age or older.
4 872.06 2nd Abuse of a dead human body.
5 893.13(1)(c)1. 1st Sell, manufacture, or deliver
6 cocaine (or other s.
7 893.03(1)(a), (1)(b), (1)(d),
8 (2)(a), or (2)(b) drugs) within
9 1,000 feet of a school.
10 893.13(4)(a) 1st Deliver to minor cocaine (or
11 other s. 893.03(1)(a), (1)(b),
12 (1)(d), (2)(a), or (2)(b) drugs).
13 893.135(1)(a)1. 1st Trafficking in cannabis, more
14 than 50 lbs., less than 2,000
15 lbs.
16 893.135
17 (1)(b)1.a. 1st Trafficking in cocaine, more than
18 28 grams, less than 200 grams.
19 893.135
20 (1)(c)1.a. 1st Trafficking in illegal drugs,
21 more than 4 grams, less than 14
22 grams.
23 893.135
24 (1)(d)1. 1st Trafficking in phencyclidine,
25 more than 28 grams, less than 200
26 grams.
27 893.135(1)(e)1. 1st Trafficking in methaqualone, more
28 than 200 grams, less than 5
29 kilograms.
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HB 1269, First Engrossed
1 893.135(1)(f)1. 1st Trafficking in amphetamine, more
2 than 14 grams, less than 28
3 grams.
4 Section 4. This act shall take effect October 1 of the
5 year in which enacted, and shall apply to offenses committed
6 on or after that date.
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