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.

20

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.

  9

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

  7

  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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