House Bill hb0175c1

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




    Florida House of Representatives - 2001              CS/HB 175

        By the Committee on Crime Prevention, Corrections & Safety
    and Representatives Machek and Slosberg





  1                      A bill to be entitled

  2         An act relating to reckless driving; amending

  3         s. 316.192, F.S.; providing penalties for

  4         reckless driving resulting in damage to

  5         property or person or serious bodily injury;

  6         providing a definition; amending s. 782.071,

  7         F.S., relating to vehicular homicide; providing

  8         penalties; amending ss. 921.0022 and 960.03,

  9         F.S.; conforming cross references; providing an

10         effective date.

11

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

13

14         Section 1.  Subsections (3) and (4) of section 316.192,

15  Florida Statutes, are renumbered as subsections (4) and (5),

16  respectively, subsection (2) is amended, and a new subsection

17  (3) is added to said section, to read:

18         316.192  Reckless driving.--

19         (2)  Except as provided in subsection (3), any person

20  convicted of reckless driving shall be punished:

21         (a)  Upon a first conviction, by imprisonment for a

22  period of not more than 90 days or by fine of not less than

23  $25 nor more than $500, or by both such fine and imprisonment.

24         (b)  On a second or subsequent conviction, by

25  imprisonment for not more than 6 months or by a fine of not

26  less than $50 nor more than $1,000, or by both such fine and

27  imprisonment. In addition, if the person's reckless driving

28  causes or results in the death of another, the person may

29  serve 120 community hours as provided in s. 316.027(4).

30         (3)  Any person:

31         (a)  Who is in violation of subsection (1);

                                  1

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






    Florida House of Representatives - 2001              CS/HB 175

    189-901-01






  1         (b)  Who operates a vehicle; and

  2         (c)  Who, by reason of such operation, causes:

  3         1.  Damage to the property or person of another commits

  4  a misdemeanor of the first degree, punishable as provided in

  5  s. 775.082 or s. 775.083.

  6         2.  Serious bodily injury to another commits a felony

  7  of the third degree, punishable as provided in s. 775.082, s.

  8  775.083, or s. 775.084. The term "serious bodily injury" means

  9  an injury to any person, including the driver, which consists

10  of a physical condition that creates a substantial risk of

11  death, serious personal disfigurement, or protracted loss or

12  impairment of the function of any bodily member or organ.

13         Section 2.  Section 782.071, Florida Statutes, is

14  amended to read:

15         782.071  Vehicular homicide.--"Vehicular homicide" is

16  the killing of a human being, or the killing of a viable fetus

17  by any injury to the mother, caused by the operation of a

18  motor vehicle by another in a reckless manner likely to cause

19  the death of, or great bodily harm to, another.

20         (1)  Vehicular homicide is:

21         (a)(1)  A felony of the second degree, punishable as

22  provided in s. 775.082, s. 775.083, or s. 775.084.

23         (b)(2)  A felony of the first degree, punishable as

24  provided in s. 775.082, s. 775.083, or s. 775.084, if:

25         1.(a)  At the time of the accident, the person knew, or

26  should have known, that the accident occurred; and

27         2.(b)  The person failed to give information and render

28  aid as required by s. 316.062.

29

30  This paragraph subsection does not require that the person

31  knew that the accident resulted in injury or death.

                                  2

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






    Florida House of Representatives - 2001              CS/HB 175

    189-901-01






  1         (2)(3)  For purposes of this section, a fetus is viable

  2  when it becomes capable of meaningful life outside the womb

  3  through standard medical measures.

  4         (3)(4)  A right of action for civil damages shall exist

  5  under s. 768.19, under all circumstances, for all deaths

  6  described in this section.

  7         (4)  In addition to any other punishment, the court may

  8  order the person to serve 120 community service hours in a

  9  trauma center or hospital that regularly receives victims of

10  vehicle accidents, under the supervision of a registered

11  nurse, an emergency room physician, or an emergency medical

12  technician pursuant to a voluntary community service program

13  operated by the trauma center or hospital.

14         Section 3.  Paragraph (h) of subsection (3) of section

15  921.0022, Florida Statutes, is amended to read:

16         921.0022  Criminal Punishment Code; offense severity

17  ranking chart.--

18         (3)  OFFENSE SEVERITY RANKING CHART

19

20  Florida           Felony

21  Statute           Degree             Description

22

23                              (h)  LEVEL 8

24  316.193

25   (3)(c)3.a.        2nd      DUI manslaughter.

26  327.35(3)(c)3.     2nd      Vessel BUI manslaughter.

27  560.123(8)(b)2.    2nd      Failure to report currency or

28                              payment instruments totaling or

29                              exceeding $20,000, but less than

30                              $100,000 by money transmitter.

31

                                  3

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






    Florida House of Representatives - 2001              CS/HB 175

    189-901-01






  1  560.125(5)(b)      2nd      Money transmitter business by

  2                              unauthorized person, currency or

  3                              payment instruments totaling or

  4                              exceeding $20,000, but less than

  5                              $100,000.

  6  655.50(10)(b)2.    2nd      Failure to report financial

  7                              transactions totaling or

  8                              exceeding $20,000, but less than

  9                              $100,000 by financial

10                              institutions.

11  777.03(2)(a)       1st      Accessory after the fact, capital

12                              felony.

13  782.04(4)          2nd      Killing of human without design

14                              when engaged in act or attempt of

15                              any felony other than arson,

16                              sexual battery, robbery,

17                              burglary, kidnapping, aircraft

18                              piracy, or unlawfully discharging

19                              bomb.

20  782.051(2)         1st      Attempted felony murder while

21                              perpetrating or attempting to

22                              perpetrate a felony not

23                              enumerated in s. 782.04(3).

24  782.071(1)(b)(2)   1st      Committing vehicular homicide and

25                              failing to render aid or give

26                              information.

27  782.072(2)         1st      Committing vessel homicide and

28                              failing to render aid or give

29                              information.

30

31

                                  4

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






    Florida House of Representatives - 2001              CS/HB 175

    189-901-01






  1  790.161(3)         1st      Discharging a destructive device

  2                              which results in bodily harm or

  3                              property damage.

  4  794.011(5)         2nd      Sexual battery, victim 12 years

  5                              or over, offender does not use

  6                              physical force likely to cause

  7                              serious injury.

  8  800.04(4)          2nd      Lewd or lascivious battery.

  9  806.01(1)          1st      Maliciously damage dwelling or

10                              structure by fire or explosive,

11                              believing person in structure.

12  810.02(2)(a)       1st,PBL  Burglary with assault or battery.

13  810.02(2)(b)       1st,PBL  Burglary; armed with explosives

14                              or dangerous weapon.

15  810.02(2)(c)       1st      Burglary of a dwelling or

16                              structure causing structural

17                              damage or $1,000 or more property

18                              damage.

19  812.13(2)(b)       1st      Robbery with a weapon.

20  812.135(2)         1st      Home-invasion robbery.

21  825.102(2)         2nd      Aggravated abuse of an elderly

22                              person or disabled adult.

23  825.103(2)(a)      1st      Exploiting an elderly person or

24                              disabled adult and property is

25                              valued at $100,000 or more.

26  837.02(2)          2nd      Perjury in official proceedings

27                              relating to prosecution of a

28                              capital felony.

29

30

31

                                  5

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






    Florida House of Representatives - 2001              CS/HB 175

    189-901-01






  1  837.021(2)         2nd      Making contradictory statements

  2                              in official proceedings relating

  3                              to prosecution of a capital

  4                              felony.

  5  860.121(2)(c)      1st      Shooting at or throwing any

  6                              object in path of railroad

  7                              vehicle resulting in great bodily

  8                              harm.

  9  860.16             1st      Aircraft piracy.

10  893.13(1)(b)       1st      Sell or deliver in excess of 10

11                              grams of any substance specified

12                              in s. 893.03(1)(a) or (b).

13  893.13(2)(b)       1st      Purchase in excess of 10 grams of

14                              any substance specified in s.

15                              893.03(1)(a) or (b).

16  893.13(6)(c)       1st      Possess in excess of 10 grams of

17                              any substance specified in s.

18                              893.03(1)(a) or (b).

19  893.135(1)(a)2.    1st      Trafficking in cannabis, more

20                              than 2,000 lbs., less than 10,000

21                              lbs.

22  893.135

23   (1)(b)1.b.        1st      Trafficking in cocaine, more than

24                              200 grams, less than 400 grams.

25  893.135

26   (1)(c)1.b.        1st      Trafficking in illegal drugs,

27                              more than 14 grams, less than 28

28                              grams.

29

30

31

                                  6

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






    Florida House of Representatives - 2001              CS/HB 175

    189-901-01






  1  893.135

  2   (1)(d)1.b.        1st      Trafficking in phencyclidine,

  3                              more than 200 grams, less than

  4                              400 grams.

  5  893.135

  6   (1)(e)1.b.        1st      Trafficking in methaqualone, more

  7                              than 5 kilograms, less than 25

  8                              kilograms.

  9  893.135

10   (1)(f)1.b.        1st      Trafficking in amphetamine, more

11                              than 28 grams, less than 200

12                              grams.

13  893.135

14   (1)(g)1.b.        1st      Trafficking in flunitrazepam, 14

15                              grams or more, less than 28

16                              grams.

17  893.135

18   (1)(h)1.b.        1st      Trafficking in

19                              gamma-hydroxybutyric acid (GHB),

20                              5 kilograms or more, less than 10

21                              kilograms.

22  893.135

23   (1)(i)1.b.        1st      Trafficking in 1,4-Butanediol, 5

24                              kilograms or more, less than 10

25                              kilograms.

26  893.135

27   (1)(j)2.b.        1st      Trafficking in Phenethylamines,

28                              200 grams or more, less than 400

29                              grams.

30

31

                                  7

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






    Florida House of Representatives - 2001              CS/HB 175

    189-901-01






  1  895.03(1)          1st      Use or invest proceeds derived

  2                              from pattern of racketeering

  3                              activity.

  4  895.03(2)          1st      Acquire or maintain through

  5                              racketeering activity any

  6                              interest in or control of any

  7                              enterprise or real property.

  8  895.03(3)          1st      Conduct or participate in any

  9                              enterprise through pattern of

10                              racketeering activity.

11  896.101(5)(b)      2nd      Money laundering, financial

12                              transactions totaling or

13                              exceeding $20,000, but less than

14                              $100,000.

15  896.104(4)(a)2.    2nd      Structuring transactions to evade

16                              reporting or registration

17                              requirements, financial

18                              transactions totaling or

19                              exceeding $20,000 but less than

20                              $100,000.

21         Section 4.  Paragraph (b) of subsection (3) of section

22  960.03, Florida Statutes, is amended to read:

23         960.03  Definitions; ss. 960.01-960.28.--As used in ss.

24  960.01-960.28, unless the context otherwise requires, the

25  term:

26         (3)  "Crime" means:

27         (b)  A violation of s. 316.193, s. 316.027(1), s.

28  327.35(1), s. 782.071(1)(b)(2), or s. 860.13(1)(a) which

29  results in physical injury or death; however, no other act

30  involving the operation of a motor vehicle, boat, or aircraft

31  which results in injury or death shall constitute a crime for

                                  8

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






    Florida House of Representatives - 2001              CS/HB 175

    189-901-01






  1  the purpose of this chapter unless the injury or death was

  2  intentionally inflicted through the use of such vehicle, boat,

  3  or aircraft or unless such vehicle, boat, or aircraft is an

  4  implement of a crime to which this act applies.

  5         Section 5.  This act shall take effect October 1, 2001.

  6

  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

                                  9

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