HOUSE AMENDMENT
    hbd-032                                     Bill No. CS/HB 497
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5                                           ORIGINAL STAMP BELOW
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  Representative(s) Bean offered the following:
12  
13         Amendment to Amendment (080841) (with title amendment) 
14         On page 1, line 14, through page 3, line 19,
15  remove from the amendment:  all of said lines,
16  
17  and insert in lieu thereof:  
18         On page 3, line 4, through page 5, line 14,
19  remove from the bill:  all of said lines,
20  
21  and insert in lieu thereof:  
22         3.  The death of any human being or unborn quick child
23  commits DUI manslaughter, and commits:
24         a.  A felony of the second degree, punishable as
25  provided in s. 775.082, s. 775.083, or s. 775.084.
26         b.  A felony of the first degree, punishable as
27  provided in s. 775.082, s. 775.083, or s. 775.084, if:
28         (I)  At the time of the crash, the person knew, or
29  should have known, that the crash occurred; and
30         (II)  The person failed to give information and render
31  aid as required by s. 316.062.
                                  1
    File original & 9 copies    04/09/01                          
    hbd0022                     03:50 pm         00497-0012-703265

HOUSE AMENDMENT hbd-032 Bill No. CS/HB 497 Amendment No. ___ (for drafter's use only) 1 Section 1. Section 782.071, Florida Statutes, is 2 amended to read: 3 782.071 Vehicular homicide.--"Vehicular homicide" is 4 the killing of a human being, or the killing of an unborn 5 quick child a viable fetus by any injury to the mother, caused 6 by the operation of a motor vehicle by another in a reckless 7 manner likely to cause the death of, or great bodily harm to, 8 another. Vehicular homicide is: 9 (1) A felony of the second degree, punishable as 10 provided in s. 775.082, s. 775.083, or s. 775.084. 11 (2) A felony of the first degree, punishable as 12 provided in s. 775.082, s. 775.083, or s. 775.084, if: 13 (a) At the time of the accident, the person knew, or 14 should have known, that the accident occurred; and 15 (b) The person failed to give information and render 16 aid as required by s. 316.062. 17 18 This subsection does not require that the person knew that the 19 accident resulted in injury or death. 20 (3) For purposes of this section, a fetus is viable 21 when it becomes capable of meaningful life outside the womb 22 through standard medical measures. 23 (3)(4) A right of action for civil damages shall exist 24 under s. 768.19, under all circumstances, for all deaths 25 described in this section. 26 Section 2. Section 782.09, Florida Statutes, is 27 amended to read: 28 782.09 Killing of unborn child by injury to mother.-- 29 (1) The unlawful willful killing of an unborn quick 30 child, by any injury to the mother of such child which would 31 be murder if it resulted in the death of such mother, shall be 2 File original & 9 copies 04/09/01 hbd0022 03:50 pm 00497-0012-703265
HOUSE AMENDMENT hbd-032 Bill No. CS/HB 497 Amendment No. ___ (for drafter's use only) 1 deemed murder in the same degree as that which would have been 2 committed against the mother. A person who unlawfully kills an 3 unborn quick child by any injury to the mother: 4 (a) Which would be murder in the first degree 5 constituting a capital felony if it resulted in the mother's 6 death commits murder in the first degree constituting a 7 capital felony, punishable as provided in s. 775.082. 8 (b) Which would be murder in the second degree if it 9 resulted in the mother's death commits murder in the second 10 degree, a felony of the first degree, punishable as provided 11 in s. 775.082, s. 775.083, or s. 775.084. 12 (c) Which would be murder in the third degree if it 13 resulted in the mother's death commits murder in the third 14 degree, manslaughter, a felony of the second degree, 15 punishable as provided in s. 775.082, s. 775.083, or s. 16 775.084. 17 (2) The unlawful killing of an unborn quick child, by 18 any injury to the mother of such child which would be 19 manslaughter if it resulted in the death of such mother, shall 20 be deemed manslaughter. A person who unlawfully kills an 21 unborn quick child by any injury to the mother which would be 22 manslaughter if it resulted in the mother's death commits 23 manslaughter, a felony of the second degree, punishable as 24 provided in s. 775.082, s. 775.083, or s. 775.084. 25 (3) The death of the mother resulting from the same 26 act or criminal episode which caused the death of the unborn 27 quick child shall not bar prosecution under this section. 28 (4) This section does not authorize the prosecution of 29 any person in connection with a termination of pregnancy 30 pursuant to chapter 390. 31 3 File original & 9 copies 04/09/01 hbd0022 03:50 pm 00497-0012-703265
HOUSE AMENDMENT hbd-032 Bill No. CS/HB 497 Amendment No. ___ (for drafter's use only) 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 On page 3, lines 24-31, of the amendment, 4 remove: all of said lines, 5 6 and insert in lieu thereof: 7 On page 1, lines 2-18, 8 remove from the title of the bill: all of said lines, 9 10 and insert in lieu thereof: 11 An act relating to homicide of an unborn quick 12 child; amending s. 316.193, F.S.; including the 13 death of an unborn quick child under DUI 14 manslaughter; amending s. 782.071, F.S.; making 15 the killing of an unborn quick child rather 16 than the killing of a viable fetus a "vehicular 17 homicide"; deleting a provision describing the 18 viability of a fetus; amending s. 782.09, F.S.; 19 providing that killing an unborn quick child by 20 injury to the mother which would be murder in 21 any degree if it resulted in the death of the 22 mother is murder in the same degree; providing 23 penalties; providing that the unlawful killing 24 of an unborn quick child by injury to the 25 mother which would be manslaughter if it 26 resulted in the death of the mother is 27 manslaughter; providing penalties; providing 28 that the death of the mother does not bar 29 prosecution under specified circumstances; 30 providing that the section does not authorize 31 prosecution of a person in connection with a 4 File original & 9 copies 04/09/01 hbd0022 03:50 pm 00497-0012-703265
HOUSE AMENDMENT hbd-032 Bill No. CS/HB 497 Amendment No. ___ (for drafter's use only) 1 termination of pregnancy; 2 3 4 5 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 5 File original & 9 copies 04/09/01 hbd0022 03:50 pm 00497-0012-703265