Senate Bill sb1038c1
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Florida Senate - 2001 CS for SB 1038
By the Committee on Criminal Justice and Senator Sanderson
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1 A bill to be entitled
2 An act relating to homicide of an unborn child;
3 amending s. 782.071, F.S.; revising the offense
4 of "vehicular homicide" to include the killing
5 of 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 a right of action for civil damages; providing
9 a definition; providing penalties; providing
10 that the act does not authorize the prosecution
11 of a person for conduct relating to a lawful
12 abortion or for medical treatment; amending s.
13 782.09, F.S.; providing that killing an unborn
14 quick child by injury to the mother which would
15 be murder in any degree if it resulted in the
16 death of the mother is murder in the same
17 degree; providing penalties; providing that the
18 unlawful killing of an unborn quick child by
19 injury to the mother which would be
20 manslaughter if it resulted in the death of the
21 mother is manslaughter; providing penalties;
22 providing that the death of the mother does not
23 bar prosecution under specified circumstances;
24 providing that the act does not authorize the
25 prosecution of a person for conduct relating to
26 a lawful abortion or for medical treatment;
27 amending ss. 921.0022, 960.03, F.S., relating
28 to the Criminal Punishment Code offense
29 severity ranking chart and the definition of
30 "crime" with respect to the Florida Crimes
31 Compensation Act; conforming provisions to
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1 changes made by the act; providing an effective
2 date.
3
4 Be It Enacted by the Legislature of the State of Florida:
5
6 Section 1. Section 782.071, Florida Statutes, is
7 amended to read:
8 782.071 Vehicular homicide.--
9 (1) "Vehicular homicide" is the killing of a human
10 being, or the killing of an unborn quick child a viable fetus
11 by any injury to the mother of such child which would be
12 vehicular homicide if it resulted in the death of such mother,
13 caused by the operation of a motor vehicle by another in a
14 reckless manner likely to cause the death of, or great bodily
15 harm to, another. Vehicular homicide is:
16 (a)(1) A felony of the second degree, punishable as
17 provided in s. 775.082, s. 775.083, or s. 775.084.
18 (b)(2) A felony of the first degree, punishable as
19 provided in s. 775.082, s. 775.083, or s. 775.084, if:
20 1.(a) At the time of the accident, the person knew, or
21 should have known, that the accident occurred; and
22 2.(b) The person failed to give information and render
23 aid as required by s. 316.062.
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25 This paragraph subsection does not require that the person
26 knew that the accident resulted in injury or death.
27 (3) For purposes of this section, a fetus is viable
28 when it becomes capable of meaningful life outside the womb
29 through standard medical measures.
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1 (2)(4) A right of action for civil damages shall exist
2 under s. 768.19, under all circumstances, for all deaths
3 described in this section.
4 (3) This section does not authorize the prosecution of
5 any person for:
6 (a) Conduct relating to an abortion for which the
7 consent of a pregnant woman, or a person authorized by law to
8 act on her behalf, has been obtained or for which such consent
9 is implied by law.
10 (b) Any medical treatment of a pregnant woman or her
11 unborn child.
12 Section 2. Section 782.09, Florida Statutes, is
13 amended to read:
14 782.09 Killing of unborn child by injury to mother.--
15 (1) The unlawful willful killing of an unborn quick
16 child, by any injury to the mother of such child which would
17 be murder if it resulted in the death of such mother, shall be
18 deemed murder in the same degree as that which would have been
19 committed against the mother. A person who unlawfully kills an
20 unborn quick child by any injury to the mother:
21 (a) Which would be murder in the first degree
22 constituting a capital felony if it resulted in the mother's
23 death commits murder in the first degree constituting a
24 capital felony, punishable as provided in s. 775.082.
25 (b) Which would be murder in the second degree if it
26 resulted in the mother's death commits murder in the second
27 degree, a felony of the first degree, punishable as provided
28 in s. 775.082, s. 775.083, or s. 775.084.
29 (c) Which would be murder in the third degree if it
30 resulted in the mother's death commits murder in the third
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1 degree manslaughter, a felony of the second degree, punishable
2 as provided in s. 775.082, s. 775.083, or s. 775.084.
3 (2) The unlawful killing of an unborn quick child, by
4 any injury to the mother of such child which would be
5 manslaughter if it resulted in the death of such mother, shall
6 be deemed manslaughter. A person who unlawfully kills an
7 unborn quick child by any injury to the mother which would be
8 manslaughter if it resulted in the mother's death commits
9 manslaughter, a felony of the second degree, punishable as
10 provided in s. 775.082, s. 775.083, or s. 775.084.
11 (3) The death of the mother resulting from the same
12 act or criminal episode which caused the death of the unborn
13 quick child shall not bar prosecution under this section.
14 However, this section does not authorize the prosecution of
15 any person for:
16 (a) Conduct relating to an abortion for which the
17 consent of a pregnant woman, or a person authorized by law to
18 act on her behalf, has been obtained or for which such consent
19 is implied by law.
20 (b) Any medical treatment of a pregnant woman or her
21 unborn child.
22 Section 3. Paragraphs (g) and (h) of subsection (3) of
23 section 921.0022, Florida Statutes, are amended to read:
24 921.0022 Criminal Punishment Code; offense severity
25 ranking chart.--
26 (3) OFFENSE SEVERITY RANKING CHART
27
28 Florida Felony
29 Statute Degree Description
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1 (g) LEVEL 7
2 316.193(3)(c)2. 3rd DUI resulting in serious bodily
3 injury.
4 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
5 bodily injury.
6 402.319(2) 2nd Misrepresentation and negligence
7 or intentional act resulting in
8 great bodily harm, permanent
9 disfiguration, permanent
10 disability, or death.
11 409.920(2) 3rd Medicaid provider fraud.
12 456.065(2) 3rd Practicing a health care
13 profession without a license.
14 456.065(2) 2nd Practicing a health care
15 profession without a license
16 which results in serious bodily
17 injury.
18 458.327(1) 3rd Practicing medicine without a
19 license.
20 459.013(1) 3rd Practicing osteopathic medicine
21 without a license.
22 460.411(1) 3rd Practicing chiropractic medicine
23 without a license.
24 461.012(1) 3rd Practicing podiatric medicine
25 without a license.
26 462.17 3rd Practicing naturopathy without a
27 license.
28 463.015(1) 3rd Practicing optometry without a
29 license.
30 464.016(1) 3rd Practicing nursing without a
31 license.
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1 465.015(2) 3rd Practicing pharmacy without a
2 license.
3 466.026(1) 3rd Practicing dentistry or dental
4 hygiene without a license.
5 467.201 3rd Practicing midwifery without a
6 license.
7 468.366 3rd Delivering respiratory care
8 services without a license.
9 483.828(1) 3rd Practicing as clinical laboratory
10 personnel without a license.
11 483.901(9) 3rd Practicing medical physics
12 without a license.
13 484.053 3rd Dispensing hearing aids without a
14 license.
15 494.0018(2) 1st Conviction of any violation of
16 ss. 494.001-494.0077 in which the
17 total money and property
18 unlawfully obtained exceeded
19 $50,000 and there were five or
20 more victims.
21 560.123(8)(b)1. 3rd Failure to report currency or
22 payment instruments exceeding
23 $300 but less than $20,000 by
24 money transmitter.
25 560.125(5)(a) 3rd Money transmitter business by
26 unauthorized person, currency or
27 payment instruments exceeding
28 $300 but less than $20,000.
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1 655.50(10)(b)1. 3rd Failure to report financial
2 transactions exceeding $300 but
3 less than $20,000 by financial
4 institution.
5 782.051(3) 2nd Attempted felony murder of a
6 person by a person other than the
7 perpetrator or the perpetrator of
8 an attempted felony.
9 782.07(1) 2nd Killing of a human being by the
10 act, procurement, or culpable
11 negligence of another
12 (manslaughter).
13 782.071 2nd Killing of human being or unborn
14 quick child viable fetus by the
15 operation of a motor vehicle in a
16 reckless manner (vehicular
17 homicide).
18 782.072 2nd Killing of a human being by the
19 operation of a vessel in a
20 reckless manner (vessel
21 homicide).
22 784.045(1)(a)1. 2nd Aggravated battery; intentionally
23 causing great bodily harm or
24 disfigurement.
25 784.045(1)(a)2. 2nd Aggravated battery; using deadly
26 weapon.
27 784.045(1)(b) 2nd Aggravated battery; perpetrator
28 aware victim pregnant.
29 784.048(4) 3rd Aggravated stalking; violation of
30 injunction or court order.
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1 784.07(2)(d) 1st Aggravated battery on law
2 enforcement officer.
3 784.08(2)(a) 1st Aggravated battery on a person 65
4 years of age or older.
5 784.081(1) 1st Aggravated battery on specified
6 official or employee.
7 784.082(1) 1st Aggravated battery by detained
8 person on visitor or other
9 detainee.
10 784.083(1) 1st Aggravated battery on code
11 inspector.
12 790.07(4) 1st Specified weapons violation
13 subsequent to previous conviction
14 of s. 790.07(1) or (2).
15 790.16(1) 1st Discharge of a machine gun under
16 specified circumstances.
17 790.166(3) 2nd Possessing, selling, using, or
18 attempting to use a hoax weapon
19 of mass destruction.
20 796.03 2nd Procuring any person under 16
21 years for prostitution.
22 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
23 victim less than 12 years of age;
24 offender less than 18 years.
25 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
26 victim 12 years of age or older
27 but less than 16 years; offender
28 18 years or older.
29 806.01(2) 2nd Maliciously damage structure by
30 fire or explosive.
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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.
15 812.131(2)(a) 2nd Robbery by sudden snatching.
16 812.133(2)(b) 1st Carjacking; no firearm, deadly
17 weapon, or other weapon.
18 825.102(3)(b) 2nd Neglecting an elderly person or
19 disabled adult causing great
20 bodily harm, disability, or
21 disfigurement.
22 825.1025(2) 2nd Lewd or lascivious battery upon
23 an elderly person or disabled
24 adult.
25 825.103(2)(b) 2nd Exploiting an elderly person or
26 disabled adult and property is
27 valued at $20,000 or more, but
28 less than $100,000.
29 827.03(3)(b) 2nd Neglect of a child causing great
30 bodily harm, disability, or
31 disfigurement.
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1 827.04(3) 3rd Impregnation of a child under 16
2 years of age by person 21 years
3 of age or older.
4 837.05(2) 3rd Giving false information about
5 alleged capital felony to a law
6 enforcement officer.
7 872.06 2nd Abuse of a dead human body.
8 893.13(1)(c)1. 1st Sell, manufacture, or deliver
9 cocaine (or other drug prohibited
10 under s. 893.03(1)(a), (1)(b),
11 (1)(d), (2)(a), (2)(b), or
12 (2)(c)4.) within 1,000 feet of a
13 child care facility or school.
14 893.13(1)(e)1. 1st Sell, manufacture, or deliver
15 cocaine or other drug prohibited
16 under s. 893.03(1)(a), (1)(b),
17 (1)(d), (2)(a), (2)(b), or
18 (2)(c)4., within 1,000 feet of
19 property used for religious
20 services or a specified business
21 site.
22 893.13(4)(a) 1st Deliver to minor cocaine (or
23 other s. 893.03(1)(a), (1)(b),
24 (1)(d), (2)(a), (2)(b), or
25 (2)(c)4. drugs).
26 893.135(1)(a)1. 1st Trafficking in cannabis, more
27 than 50 lbs., less than 2,000
28 lbs.
29 893.135
30 (1)(b)1.a. 1st Trafficking in cocaine, more than
31 28 grams, less than 200 grams.
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1 893.135
2 (1)(c)1.a. 1st Trafficking in illegal drugs,
3 more than 4 grams, less than 14
4 grams.
5 893.135
6 (1)(d)1. 1st Trafficking in phencyclidine,
7 more than 28 grams, less than 200
8 grams.
9 893.135(1)(e)1. 1st Trafficking in methaqualone, more
10 than 200 grams, less than 5
11 kilograms.
12 893.135(1)(f)1. 1st Trafficking in amphetamine, more
13 than 14 grams, less than 28
14 grams.
15 893.135
16 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
17 grams or more, less than 14
18 grams.
19 893.135
20 (1)(h)1.a. 1st Trafficking in
21 gamma-hydroxybutyric acid (GHB),
22 1 kilogram or more, less than 5
23 kilograms.
24 893.135
25 (1)(i)1.a. 1st Trafficking in 1,4-Butanediol, 1
26 kilogram or more, less then 5
27 kilograms.
28 893.135
29 (1)(j)2.a. 1st Trafficking in Phenethylamines,
30 10 grams or more, less than 200
31 grams.
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1 896.101(5)(a) 3rd Money laundering, financial
2 transactions exceeding $300 but
3 less than $20,000.
4 896.104(4)(a)1. 3rd Structuring transactions to evade
5 reporting or registration
6 requirements, financial
7 transactions exceeding $300 but
8 less than $20,000.
9 (h) LEVEL 8
10 316.193
11 (3)(c)3.a. 2nd DUI manslaughter.
12 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
13 560.123(8)(b)2. 2nd Failure to report currency or
14 payment instruments totaling or
15 exceeding $20,000, but less than
16 $100,000 by money transmitter.
17 560.125(5)(b) 2nd Money transmitter business by
18 unauthorized person, currency or
19 payment instruments totaling or
20 exceeding $20,000, but less than
21 $100,000.
22 655.50(10)(b)2. 2nd Failure to report financial
23 transactions totaling or
24 exceeding $20,000, but less than
25 $100,000 by financial
26 institutions.
27 777.03(2)(a) 1st Accessory after the fact, capital
28 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.
8 782.051(2) 1st Attempted felony murder while
9 perpetrating or attempting to
10 perpetrate a felony not
11 enumerated in s. 782.04(3).
12 782.071(1)(b)(2) 1st Committing vehicular homicide and
13 failing to render aid or give
14 information.
15 782.072(2) 1st Committing vessel homicide and
16 failing to render aid or give
17 information.
18 790.161(3) 1st Discharging a destructive device
19 which results in bodily harm or
20 property damage.
21 794.011(5) 2nd Sexual battery, victim 12 years
22 or over, offender does not use
23 physical force likely to cause
24 serious injury.
25 800.04(4) 2nd Lewd or lascivious battery.
26 806.01(1) 1st Maliciously damage dwelling or
27 structure by fire or explosive,
28 believing person in structure.
29 810.02(2)(a) 1st,PBL Burglary with assault or battery.
30 810.02(2)(b) 1st,PBL Burglary; armed with explosives
31 or dangerous weapon.
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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.
12 837.02(2) 2nd Perjury in official proceedings
13 relating to prosecution of a
14 capital felony.
15 837.021(2) 2nd Making contradictory statements
16 in official proceedings relating
17 to prosecution of a capital
18 felony.
19 860.121(2)(c) 1st Shooting at or throwing any
20 object in path of railroad
21 vehicle resulting in great bodily
22 harm.
23 860.16 1st Aircraft piracy.
24 893.13(1)(b) 1st Sell or deliver in excess of 10
25 grams of any substance specified
26 in s. 893.03(1)(a) or (b).
27 893.13(2)(b) 1st Purchase in excess of 10 grams of
28 any substance specified in s.
29 893.03(1)(a) or (b).
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1 893.13(6)(c) 1st Possess in excess of 10 grams of
2 any substance specified in s.
3 893.03(1)(a) or (b).
4 893.135(1)(a)2. 1st Trafficking in cannabis, more
5 than 2,000 lbs., less than 10,000
6 lbs.
7 893.135
8 (1)(b)1.b. 1st Trafficking in cocaine, more than
9 200 grams, less than 400 grams.
10 893.135
11 (1)(c)1.b. 1st Trafficking in illegal drugs,
12 more than 14 grams, less than 28
13 grams.
14 893.135
15 (1)(d)1.b. 1st Trafficking in phencyclidine,
16 more than 200 grams, less than
17 400 grams.
18 893.135
19 (1)(e)1.b. 1st Trafficking in methaqualone, more
20 than 5 kilograms, less than 25
21 kilograms.
22 893.135
23 (1)(f)1.b. 1st Trafficking in amphetamine, more
24 than 28 grams, less than 200
25 grams.
26 893.135
27 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14
28 grams or more, less than 28
29 grams.
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1 893.135
2 (1)(h)1.b. 1st Trafficking in
3 gamma-hydroxybutyric acid (GHB),
4 5 kilograms or more, less than 10
5 kilograms.
6 893.135
7 (1)(i)1.b. 1st Trafficking in 1,4-Butanediol, 5
8 kilograms or more, less than 10
9 kilograms.
10 893.135
11 (1)(j)2.b. 1st Trafficking in Phenethylamines,
12 200 grams or more, less than 400
13 grams.
14 895.03(1) 1st Use or invest proceeds derived
15 from pattern of racketeering
16 activity.
17 895.03(2) 1st Acquire or maintain through
18 racketeering activity any
19 interest in or control of any
20 enterprise or real property.
21 895.03(3) 1st Conduct or participate in any
22 enterprise through pattern of
23 racketeering activity.
24 896.101(5)(b) 2nd Money laundering, financial
25 transactions totaling or
26 exceeding $20,000, but less than
27 $100,000.
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1 896.104(4)(a)2. 2nd Structuring transactions to evade
2 reporting or registration
3 requirements, financial
4 transactions totaling or
5 exceeding $20,000 but less than
6 $100,000.
7 Section 4. Paragraph (b) of subsection (3) of section
8 960.03, Florida Statutes, is amended to read:
9 960.03 Definitions; ss. 960.01-960.28.--As used in ss.
10 960.01-960.28, unless the context otherwise requires, the
11 term:
12 (3) "Crime" means:
13 (b) A violation of s. 316.193, s. 316.027(1), s.
14 327.35(1), s. 782.071(1)(b) s. 782.071(2), or s. 860.13(1)(a)
15 which results in physical injury or death; however, no other
16 act involving the operation of a motor vehicle, boat, or
17 aircraft which results in injury or death shall constitute a
18 crime for the purpose of this chapter unless the injury or
19 death was intentionally inflicted through the use of such
20 vehicle, boat, or aircraft or unless such vehicle, boat, or
21 aircraft is an implement of a crime to which this act applies.
22 Section 5. This act shall take effect October 1, 2001,
23 and shall apply to offenses committed on or after that date.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 1038
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4 - The CS replaces the term "a viable fetus" as used in the
Vehicular Homicide statute, s. 782.071, F.S., with the
5 term "an unborn quick child."
6 - The CS omits the definition of viable fetus set forth in
the original bill - after the 20th week of gestation.
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- The CS specifically does not authorize the prosecution
8 of a person, under either s. 782.071 or s. 782.09, F.S.,
for medical treatment of a woman or her unborn child, or
9 conduct relating to a lawful abortion.
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