House Bill 0441

CODING: Words stricken are deletions; words underlined are additions.







    Florida House of Representatives - 1999                 HB 441

        By Representative Betancourt






  1                      A bill to be entitled

  2         An act relating to driving under the influence;

  3         amending s. 316.193, F.S.; providing a

  4         third-degree-felony penalty for a third or

  5         subsequent conviction for driving under the

  6         influence; increasing present fines and

  7         penalties to conform; amending s. 921.0022,

  8         F.S.; conforming provisions in the sentencing

  9         guidelines; providing an effective date.

10

11  Be It Enacted by the Legislature of the State of Florida:

12

13         Section 1.  Subsections (2) and (4) of section 316.193,

14  Florida Statutes, 1998 Supplement, are amended to read:

15         316.193  Driving under the influence; penalties.--

16         (2)(a)  Except as provided in paragraph (b), subsection

17  (3), or subsection (4), any person who is convicted of a

18  violation of subsection (1) shall be punished:

19         1.  By a fine of:

20         a.  Not less than $250 or more than $500 for a first

21  conviction.

22         b.  Not less than $500 or more than $1,000 for a second

23  conviction; and.

24         c.  Not less than $1,000 or more than $2,500 for a

25  third conviction; and

26         2.  By imprisonment for:

27         a.  Not more than 6 months for a first conviction.

28         b.  Not more than 9 months for a second conviction.

29         c.  Not more than 12 months for a third conviction.

30         (b)  Any person who is convicted of a third fourth or

31  subsequent violation of this section is guilty of a felony of

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                 HB 441

    573-132A-99






  1  the third degree, punishable as provided in s. 775.082, s.

  2  775.083, or s. 775.084; however, the fine imposed for such

  3  third fourth or subsequent violation may be not less than

  4  $2,500 $1,000.

  5         (4)  Any person who is convicted of a violation of

  6  subsection (1) and who has a blood-alcohol level or

  7  breath-alcohol level of 0.20 or higher, or any person who is

  8  convicted of a violation of subsection (1) and who at the time

  9  of the offense was accompanied in the vehicle by a person

10  under the age of 18 years, shall be punished:

11         (a)  By a fine of:

12         1.  Not less than $500 or more than $1,000 for a first

13  conviction.

14         2.  Not less than $1,000 or more than $2,000 for a

15  second conviction.

16         3.  Not less than $3,500 $2,000 or more than $7,000

17  $5,000 for a third or subsequent conviction.

18         (b)  By imprisonment for:

19         1.  Not more than 9 months for a first conviction.

20         2.  Not more than 12 months for a second conviction.

21         3.  Not more than 12 months for a third conviction.

22

23  For the purposes of this subsection, any conviction for a

24  violation of s. 327.35, only the instant offense is required

25  to be a violation of subsection (1) by a person who has a

26  blood-alcohol level or breath-alcohol level of 0.20 or higher.

27         Section 2.  Paragraph (f) of subsection (3) of section

28  921.0022, Florida Statutes, 1998 Supplement, is amended to

29  read:

30         921.0022  Criminal Punishment Code; offense severity

31  ranking chart.--

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                 HB 441

    573-132A-99






  1         (3)  OFFENSE SEVERITY RANKING CHART

  2

  3  Florida           Felony

  4  Statute           Degree             Description

  5

  6                              (f)  LEVEL 6

  7  316.027(1)(b)      2nd      Accident involving death, failure

  8                              to stop; leaving scene.

  9  316.193(2)(b)      3rd      Felony DUI, 3rd 4th or subsequent

10                              conviction.

11  775.0875(1)        3rd      Taking firearm from law

12                              enforcement officer.

13  775.21(9)          3rd      Sexual predators; failure to

14                              register; failure to renew

15                              driver's license or

16                              identification card.

17  784.021(1)(a)      3rd      Aggravated assault; deadly weapon

18                              without intent to kill.

19  784.021(1)(b)      3rd      Aggravated assault; intent to

20                              commit felony.

21  784.041            3rd      Felony battery.

22  784.048(3)         3rd      Aggravated stalking; credible

23                              threat.

24  784.048(5)         3rd      Aggravated stalking of person

25                              under 16.

26  784.07(2)(c)       2nd      Aggravated assault on law

27                              enforcement officer.

28  784.08(2)(b)       2nd      Aggravated assault on a person 65

29                              years of age or older.

30  784.081(2)         2nd      Aggravated assault on specified

31                              official or employee.

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                 HB 441

    573-132A-99






  1  784.082(2)         2nd      Aggravated assault by detained

  2                              person on visitor or other

  3                              detainee.

  4  784.083(2)         2nd      Aggravated assault on code

  5                              inspector.

  6  787.02(2)          3rd      False imprisonment; restraining

  7                              with purpose other than those in

  8                              s. 787.01.

  9  790.115(2)(d)      2nd      Discharging firearm or weapon on

10                              school property.

11  790.161(2)         2nd      Make, possess, or throw

12                              destructive device with intent to

13                              do bodily harm or damage

14                              property.

15  790.164(1)         2nd      False report of deadly explosive

16                              or act of arson or violence to

17                              state property.

18  790.19             2nd      Shooting or throwing deadly

19                              missiles into dwellings, vessels,

20                              or vehicles.

21  794.011(8)(a)      3rd      Solicitation of minor to

22                              participate in sexual activity by

23                              custodial adult.

24  794.05(1)          2nd      Unlawful sexual activity with

25                              specified minor.

26  806.031(2)         2nd      Arson resulting in great bodily

27                              harm to firefighter or any other

28                              person.

29  810.02(3)(c)       2nd      Burglary of occupied structure;

30                              unarmed; no assault or battery.

31

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                 HB 441

    573-132A-99






  1  812.014(2)(b)      2nd      Property stolen $20,000 or more,

  2                              but less than $100,000, grand

  3                              theft in 2nd degree.

  4  812.13(2)(c)       2nd      Robbery, no firearm or other

  5                              weapon (strong-arm robbery).

  6  817.034(4)(a)1.    1st      Communications fraud, value

  7                              greater than $50,000.

  8  817.4821(5)        2nd      Possess cloning paraphernalia

  9                              with intent to create cloned

10                              cellular telephones.

11  825.102(1)         3rd      Abuse of an elderly person or

12                              disabled adult.

13  825.102(3)(c)      3rd      Neglect of an elderly person or

14                              disabled adult.

15  825.1025(3)        3rd      Lewd or lascivious molestation of

16                              an elderly person or disabled

17                              adult.

18  825.103(2)(c)      3rd      Exploiting an elderly person or

19                              disabled adult and property is

20                              valued at less than $20,000.

21  827.03(1)          3rd      Abuse of a child.

22  827.03(3)(c)       3rd      Neglect of a child.

23  827.071(2)&(3)     2nd      Use or induce a child in a sexual

24                              performance, or promote or direct

25                              such performance.

26  836.05             2nd      Threats; extortion.

27  836.10             2nd      Written threats to kill or do

28                              bodily injury.

29  843.12             3rd      Aids or assists person to escape.

30

31

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                 HB 441

    573-132A-99






  1  847.0135(3)        3rd      Solicitation of a child, via a

  2                              computer service, to commit an

  3                              unlawful sex act.

  4  914.23             2nd      Retaliation against a witness,

  5                              victim, or informant, with bodily

  6                              injury.

  7  943.0435(6)        3rd      Sex offenders; failure to comply

  8                              with reporting requirements.

  9  944.35(3)(a)2.     3rd      Committing malicious battery upon

10                              or inflicting cruel or inhuman

11                              treatment on an inmate or

12                              offender on community

13                              supervision, resulting in great

14                              bodily harm.

15  944.40             2nd      Escapes.

16  944.46             3rd      Harboring, concealing, aiding

17                              escaped prisoners.

18  944.47(1)(a)5.     2nd      Introduction of contraband

19                              (firearm, weapon, or explosive)

20                              into correctional facility.

21  951.22(1)          3rd      Intoxicating drug, firearm, or

22                              weapon introduced into county

23                              facility.

24

25         Section 3.  This act shall take effect October 1, 1999.

26

27

28

29

30

31

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                 HB 441

    573-132A-99






  1            *****************************************

  2                       LEGISLATIVE SUMMARY

  3
      Provides for a third-degree-felony penalty for a third or
  4    subsequent conviction of driving under the influence.
      Current law prescribes a third-degree-felony penalty for
  5    a fourth or subsequent conviction for driving under the
      influence. Conforms other fines and penalty provisions to
  6    the act. See bill for details.

  7

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  7