HOUSE AMENDMENT
hbd-032 Bill No. CS/HB 497
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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11 Representative(s) Bean offered the following substitute
12 amendment for amendment (703265) :
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14 Substitute Amendment to Amendment (080841) (with title
15 amendment)
16 On page 1, line 14, through page 3, line 19,
17 remove from the amendment: all of said lines,
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19 and insert in lieu thereof:
20 On page 3, line 4, through page 5, line 14,
21 remove from the bill: all of said lines,
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23 and insert in lieu thereof:
24 3. The death of any human being or unborn quick child
25 commits DUI manslaughter, and commits:
26 a. A felony of the second degree, punishable as
27 provided in s. 775.082, s. 775.083, or s. 775.084.
28 b. A felony of the first degree, punishable as
29 provided in s. 775.082, s. 775.083, or s. 775.084, if:
30 (I) At the time of the crash, the person knew, or
31 should have known, that the crash occurred; and
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File original & 9 copies 04/25/01
hbd0022 11:57 am 00497-0012-874799
HOUSE AMENDMENT
hbd-032 Bill No. CS/HB 497
Amendment No. ___ (for drafter's use only)
1 (II) The person failed to give information and render
2 aid as required by s. 316.062.
3 Section 1. Section 782.071, Florida Statutes, is
4 amended to read:
5 782.071 Vehicular homicide.--"Vehicular homicide" is
6 the killing of a human being, or the killing of an unborn
7 quick child a viable fetus by any injury to the mother, caused
8 by the operation of a motor vehicle by another in a reckless
9 manner likely to cause the death of, or great bodily harm to,
10 another. Vehicular homicide is:
11 (1) A felony of the second degree, punishable as
12 provided in s. 775.082, s. 775.083, or s. 775.084.
13 (2) A felony of the first degree, punishable as
14 provided in s. 775.082, s. 775.083, or s. 775.084, if:
15 (a) At the time of the accident, the person knew, or
16 should have known, that the accident occurred; and
17 (b) The person failed to give information and render
18 aid as required by s. 316.062.
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20 This subsection does not require that the person knew that the
21 accident resulted in injury or death.
22 (3) For purposes of this section, a fetus is viable
23 when it becomes capable of meaningful life outside the womb
24 through standard medical measures.
25 (3)(4) A right of action for civil damages shall exist
26 under s. 768.19, under all circumstances, for all deaths
27 described in this section.
28 Section 2. Section 782.09, Florida Statutes, is
29 amended to read:
30 782.09 Killing of unborn child by injury to mother.--
31 (1) The unlawful willful killing of an unborn quick
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hbd0022 11:57 am 00497-0012-874799
HOUSE AMENDMENT
hbd-032 Bill No. CS/HB 497
Amendment No. ___ (for drafter's use only)
1 child, by any injury to the mother of such child which would
2 be murder if it resulted in the death of such mother, shall be
3 deemed murder in the same degree as that which would have been
4 committed against the mother. A person who unlawfully kills an
5 unborn quick child by any injury to the mother:
6 (a) Which would be murder in the first degree
7 constituting a capital felony if it resulted in the mother's
8 death commits murder in the first degree constituting a
9 capital felony, punishable as provided in s. 775.082.
10 (b) Which would be murder in the second degree if it
11 resulted in the mother's death commits murder in the second
12 degree, a felony of the first degree, punishable as provided
13 in s. 775.082, s. 775.083, or s. 775.084.
14 (c) Which would be murder in the third degree if it
15 resulted in the mother's death commits murder in the third
16 degree, manslaughter, a felony of the second degree,
17 punishable as provided in s. 775.082, s. 775.083, or s.
18 775.084.
19 (2) The unlawful killing of an unborn quick child, by
20 any injury to the mother of such child which would be
21 manslaughter if it resulted in the death of such mother, shall
22 be deemed manslaughter. A person who unlawfully kills an
23 unborn quick child by any injury to the mother which would be
24 manslaughter if it resulted in the mother's death commits
25 manslaughter, a felony of the second degree, punishable as
26 provided in s. 775.082, s. 775.083, or s. 775.084.
27 (3) The death of the mother resulting from the same
28 act or criminal episode which caused the death of the unborn
29 quick child shall not bar prosecution under this section.
30 (4) This section does not authorize the prosecution of
31 any person in connection with a termination of pregnancy
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File original & 9 copies 04/25/01
hbd0022 11:57 am 00497-0012-874799
HOUSE AMENDMENT
hbd-032 Bill No. CS/HB 497
Amendment No. ___ (for drafter's use only)
1 pursuant to chapter 390.
2 (5) A claim for civil damages shall be allowed for the
3 death of an unborn quick child.
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6 ================ T I T L E A M E N D M E N T ===============
7 And the title is amended as follows:
8 On page 3, lines 24-31, of the amendment,
9 remove: all of said lines,
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11 and insert in lieu thereof:
12 On page 1, lines 2-18,
13 remove from the title of the bill: all of said lines,
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15 and insert in lieu thereof:
16 An act relating to homicide of an unborn quick
17 child; amending s. 316.193, F.S.; including the
18 death of an unborn quick child under DUI
19 manslaughter; amending s. 782.071, F.S.; making
20 the killing of an unborn quick child rather
21 than the killing of a viable fetus a "vehicular
22 homicide"; deleting a provision describing the
23 viability of a fetus; amending s. 782.09, F.S.;
24 providing that killing an unborn quick child by
25 injury to the mother which would be murder in
26 any degree if it resulted in the death of the
27 mother is murder in the same degree; providing
28 penalties; providing that the unlawful killing
29 of an unborn quick child by injury to the
30 mother which would be manslaughter if it
31 resulted in the death of the mother is
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hbd0022 11:57 am 00497-0012-874799
HOUSE AMENDMENT
hbd-032 Bill No. CS/HB 497
Amendment No. ___ (for drafter's use only)
1 manslaughter; providing penalties; providing
2 that the death of the mother does not bar
3 prosecution under specified circumstances;
4 providing that the section does not authorize
5 prosecution of a person in connection with a
6 termination of pregnancy; providing for a claim
7 for civil damages for a death of an unborn
8 quick child;
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File original & 9 copies 04/25/01
hbd0022 11:57 am 00497-0012-874799