House Bill hb0497
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Florida House of Representatives - 2001 HB 497
By Representative Andrews
1 A bill to be entitled
2 An act relating to vehicular homicide; amending
3 s. 782.071, F.S.; revising the offense of
4 "vehicular homicide" to include the killing of
5 a viable fetus by any injury to the mother
6 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; amending s.
10 782.09, F.S.; providing that killing an unborn
11 quick child by injury to the mother which would
12 be murder in any degree if it resulted in the
13 death of the mother is murder in the same
14 degree; providing penalties; providing that the
15 unlawful killing of an unborn quick child by
16 injury to the mother which would be
17 manslaughter if it resulted in the death of the
18 mother is manslaughter; providing penalties;
19 providing that the death of the mother does not
20 bar prosecution under specified circumstances;
21 reenacting ss. 921.0022(3)(g) and (h) and
22 960.03(3), F.S., relating to the Criminal
23 Punishment Code offense severity ranking chart
24 and the definition of "crime" with respect to
25 the Florida Crimes Compensation Act,
26 respectively, to incorporate said amendment in
27 references; providing an effective date.
28
29 WHEREAS, the Legislature finds that unborn children
30 have protectable interests in life, health, and well-being,
31 and
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1 WHEREAS, the Legislature finds that in order to best
2 serve the needs of unborn children, and the needs of parents
3 of unborn children who choose life, it is necessary to afford
4 all unborn children the full protection of the law, and
5 WHEREAS, the Legislature finds that it is in the best
6 interest of the state to seek justice for unborn children who
7 would have lived had it not been for the criminal act of
8 another, NOW, THEREFORE,
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Section 782.071, Florida Statutes, is
13 amended to read:
14 782.071 Vehicular homicide.--"Vehicular homicide" is
15 the killing of a human being, or the killing of a viable fetus
16 by any injury to the mother of such child which would be
17 vehicular homicide if it resulted in the death of such mother,
18 caused by the operation of a motor vehicle by another in a
19 reckless manner likely to cause the death of, or great bodily
20 harm to, another. Vehicular homicide is:
21 (1) A felony of the second degree, punishable as
22 provided in s. 775.082, s. 775.083, or s. 775.084.
23 (2) A felony of the first degree, punishable as
24 provided in s. 775.082, s. 775.083, or s. 775.084, if:
25 (a) At the time of the accident, the person knew, or
26 should have known, that the accident occurred; and
27 (b) The person failed to give information and render
28 aid as required by s. 316.062.
29
30 This subsection does not require that the person knew that the
31 accident resulted in injury or death.
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1 (3) For purposes of this section, a fetus is viable
2 after the 20th week of gestation when it becomes capable of
3 meaningful life outside the womb through standard medical
4 measures.
5 (4) A right of action for civil damages shall exist
6 under s. 768.19, under all circumstances, for all deaths
7 described in this section.
8 Section 2. Section 782.09, Florida Statutes, is
9 amended to read:
10 782.09 Killing of unborn child by injury to mother.--
11 (1) The unlawful willful killing of an unborn quick
12 child, by any injury to the mother of such child which would
13 be murder if it resulted in the death of such mother, shall be
14 deemed murder in the same degree as that which would have been
15 committed against the mother. A person who unlawfully kills an
16 unborn quick child by any injury to the mother:
17 (a) Which would be murder in the first degree
18 constituting a capital felony if it resulted in the mother's
19 death commits murder in the first degree constituting a
20 capital felony, punishable as provided in s. 775.082.
21 (b) Which would be murder in the second degree if it
22 resulted in the mother's death commits murder in the second
23 degree and a felony of the first degree, punishable as
24 provided in s. 775.082, s. 775.083, or s. 775.084.
25 (c) Which would be murder in the third degree if it
26 resulted in the mother's death commits murder in the third
27 degree and manslaughter, a felony of the second degree,
28 punishable as provided in s. 775.082, s. 775.083, or s.
29 775.084.
30 (2) The unlawful killing of an unborn quick child, by
31 any injury to the mother of such child which would be
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1 manslaughter if it resulted in the death of such mother, shall
2 be deemed manslaughter. A person who unlawfully kills an
3 unborn quick child by any injury to the mother which would be
4 manslaughter if it resulted in the mother's death commits
5 manslaughter and a felony of the second degree, punishable as
6 provided in s. 775.082, s. 775.083, or s. 775.084.
7 (3) The death of the mother resulting from the same
8 act or criminal episode which caused the death of the unborn
9 quick child shall not bar prosecution under this section.
10 Section 3. For the purposes of incorporating the
11 amendment to s. 782.071, Florida Statutes, in references
12 thereto, the sections or subdivisions of Florida Statutes set
13 forth below are reenacted to read:
14 921.0022 Criminal Punishment Code; offense severity
15 ranking chart.--
16 (3) OFFENSE SEVERITY RANKING CHART
17
18 Florida Felony
19 Statute Degree Description
20
21
22 (g) LEVEL 7
23 316.193(3)(c)2. 3rd DUI resulting in serious bodily
24 injury.
25 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
26 bodily injury.
27 402.319(2) 2nd Misrepresentation and negligence
28 or intentional act resulting in
29 great bodily harm, permanent
30 disfiguration, permanent
31 disability, or death.
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1 409.920(2) 3rd Medicaid provider fraud.
2 456.065(2) 3rd Practicing a health care
3 profession without a license.
4 456.065(2) 2nd Practicing a health care
5 profession without a license
6 which results in serious bodily
7 injury.
8 458.327(1) 3rd Practicing medicine without a
9 license.
10 459.013(1) 3rd Practicing osteopathic medicine
11 without a license.
12 460.411(1) 3rd Practicing chiropractic medicine
13 without a license.
14 461.012(1) 3rd Practicing podiatric medicine
15 without a license.
16 462.17 3rd Practicing naturopathy without a
17 license.
18 463.015(1) 3rd Practicing optometry without a
19 license.
20 464.016(1) 3rd Practicing nursing without a
21 license.
22 465.015(2) 3rd Practicing pharmacy without a
23 license.
24 466.026(1) 3rd Practicing dentistry or dental
25 hygiene without a license.
26 467.201 3rd Practicing midwifery without a
27 license.
28 468.366 3rd Delivering respiratory care
29 services without a license.
30 483.828(1) 3rd Practicing as clinical laboratory
31 personnel without a license.
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1 483.901(9) 3rd Practicing medical physics
2 without a license.
3 484.053 3rd Dispensing hearing aids without a
4 license.
5 494.0018(2) 1st Conviction of any violation of
6 ss. 494.001-494.0077 in which the
7 total money and property
8 unlawfully obtained exceeded
9 $50,000 and there were five or
10 more victims.
11 560.123(8)(b)1. 3rd Failure to report currency or
12 payment instruments exceeding
13 $300 but less than $20,000 by
14 money transmitter.
15 560.125(5)(a) 3rd Money transmitter business by
16 unauthorized person, currency or
17 payment instruments exceeding
18 $300 but less than $20,000.
19 655.50(10)(b)1. 3rd Failure to report financial
20 transactions exceeding $300 but
21 less than $20,000 by financial
22 institution.
23 782.051(3) 2nd Attempted felony murder of a
24 person by a person other than the
25 perpetrator or the perpetrator of
26 an attempted felony.
27 782.07(1) 2nd Killing of a human being by the
28 act, procurement, or culpable
29 negligence of another
30 (manslaughter).
31
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1 782.071 2nd Killing of human being or viable
2 fetus by the operation of a motor
3 vehicle in a reckless manner
4 (vehicular homicide).
5 782.072 2nd Killing of a human being by the
6 operation of a vessel in a
7 reckless manner (vessel
8 homicide).
9 784.045(1)(a)1. 2nd Aggravated battery; intentionally
10 causing great bodily harm or
11 disfigurement.
12 784.045(1)(a)2. 2nd Aggravated battery; using deadly
13 weapon.
14 784.045(1)(b) 2nd Aggravated battery; perpetrator
15 aware victim pregnant.
16 784.048(4) 3rd Aggravated stalking; violation of
17 injunction or court order.
18 784.07(2)(d) 1st Aggravated battery on law
19 enforcement officer.
20 784.08(2)(a) 1st Aggravated battery on a person 65
21 years of age or older.
22 784.081(1) 1st Aggravated battery on specified
23 official or employee.
24 784.082(1) 1st Aggravated battery by detained
25 person on visitor or other
26 detainee.
27 784.083(1) 1st Aggravated battery on code
28 inspector.
29 790.07(4) 1st Specified weapons violation
30 subsequent to previous conviction
31 of s. 790.07(1) or (2).
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1 790.16(1) 1st Discharge of a machine gun under
2 specified circumstances.
3 790.166(3) 2nd Possessing, selling, using, or
4 attempting to use a hoax weapon
5 of mass destruction.
6 796.03 2nd Procuring any person under 16
7 years for prostitution.
8 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
9 victim less than 12 years of age;
10 offender less than 18 years.
11 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
12 victim 12 years of age or older
13 but less than 16 years; offender
14 18 years or older.
15 806.01(2) 2nd Maliciously damage structure by
16 fire or explosive.
17 810.02(3)(a) 2nd Burglary of occupied dwelling;
18 unarmed; no assault or battery.
19 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
20 unarmed; no assault or battery.
21 810.02(3)(d) 2nd Burglary of occupied conveyance;
22 unarmed; no assault or battery.
23 812.014(2)(a) 1st Property stolen, valued at
24 $100,000 or more; property stolen
25 while causing other property
26 damage; 1st degree grand theft.
27 812.019(2) 1st Stolen property; initiates,
28 organizes, plans, etc., the theft
29 of property and traffics in
30 stolen property.
31 812.131(2)(a) 2nd Robbery by sudden snatching.
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1 812.133(2)(b) 1st Carjacking; no firearm, deadly
2 weapon, or other weapon.
3 825.102(3)(b) 2nd Neglecting an elderly person or
4 disabled adult causing great
5 bodily harm, disability, or
6 disfigurement.
7 825.1025(2) 2nd Lewd or lascivious battery upon
8 an elderly person or disabled
9 adult.
10 825.103(2)(b) 2nd Exploiting an elderly person or
11 disabled adult and property is
12 valued at $20,000 or more, but
13 less than $100,000.
14 827.03(3)(b) 2nd Neglect of a child causing great
15 bodily harm, disability, or
16 disfigurement.
17 827.04(3) 3rd Impregnation of a child under 16
18 years of age by person 21 years
19 of age or older.
20 837.05(2) 3rd Giving false information about
21 alleged capital felony to a law
22 enforcement officer.
23 872.06 2nd Abuse of a dead human body.
24 893.13(1)(c)1. 1st Sell, manufacture, or deliver
25 cocaine (or other drug prohibited
26 under s. 893.03(1)(a), (1)(b),
27 (1)(d), (2)(a), (2)(b), or
28 (2)(c)4.) within 1,000 feet of a
29 child care facility or school.
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1 893.13(1)(e)1. 1st Sell, manufacture, or deliver
2 cocaine or other drug prohibited
3 under s. 893.03(1)(a), (1)(b),
4 (1)(d), (2)(a), (2)(b), or
5 (2)(c)4., within 1,000 feet of
6 property used for religious
7 services or a specified business
8 site.
9 893.13(4)(a) 1st Deliver to minor cocaine (or
10 other s. 893.03(1)(a), (1)(b),
11 (1)(d), (2)(a), (2)(b), or
12 (2)(c)4. drugs).
13 893.135(1)(a)1. 1st Trafficking in cannabis, more
14 than 50 lbs., less than 2,000
15 lbs.
16 893.135
17 (1)(b)1.a. 1st Trafficking in cocaine, more than
18 28 grams, less than 200 grams.
19 893.135
20 (1)(c)1.a. 1st Trafficking in illegal drugs,
21 more than 4 grams, less than 14
22 grams.
23 893.135
24 (1)(d)1. 1st Trafficking in phencyclidine,
25 more than 28 grams, less than 200
26 grams.
27 893.135(1)(e)1. 1st Trafficking in methaqualone, more
28 than 200 grams, less than 5
29 kilograms.
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1 893.135(1)(f)1. 1st Trafficking in amphetamine, more
2 than 14 grams, less than 28
3 grams.
4 893.135
5 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
6 grams or more, less than 14
7 grams.
8 893.135
9 (1)(h)1.a. 1st Trafficking in
10 gamma-hydroxybutyric acid (GHB),
11 1 kilogram or more, less than 5
12 kilograms.
13 893.135
14 (1)(i)1.a. 1st Trafficking in 1,4-Butanediol, 1
15 kilogram or more, less then 5
16 kilograms.
17 893.135
18 (1)(j)2.a. 1st Trafficking in Phenethylamines,
19 10 grams or more, less than 200
20 grams.
21 896.101(5)(a) 3rd Money laundering, financial
22 transactions exceeding $300 but
23 less than $20,000.
24 896.104(4)(a)1. 3rd Structuring transactions to evade
25 reporting or registration
26 requirements, financial
27 transactions exceeding $300 but
28 less than $20,000.
29 (h) LEVEL 8
30 316.193
31 (3)(c)3.a. 2nd DUI manslaughter.
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1 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
2 560.123(8)(b)2. 2nd Failure to report currency or
3 payment instruments totaling or
4 exceeding $20,000, but less than
5 $100,000 by money transmitter.
6 560.125(5)(b) 2nd Money transmitter business by
7 unauthorized person, currency or
8 payment instruments totaling or
9 exceeding $20,000, but less than
10 $100,000.
11 655.50(10)(b)2. 2nd Failure to report financial
12 transactions totaling or
13 exceeding $20,000, but less than
14 $100,000 by financial
15 institutions.
16 777.03(2)(a) 1st Accessory after the fact, capital
17 felony.
18 782.04(4) 2nd Killing of human without design
19 when engaged in act or attempt of
20 any felony other than arson,
21 sexual battery, robbery,
22 burglary, kidnapping, aircraft
23 piracy, or unlawfully discharging
24 bomb.
25 782.051(2) 1st Attempted felony murder while
26 perpetrating or attempting to
27 perpetrate a felony not
28 enumerated in s. 782.04(3).
29 782.071(2) 1st Committing vehicular homicide and
30 failing to render aid or give
31 information.
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1 782.072(2) 1st Committing vessel homicide and
2 failing to render aid or give
3 information.
4 790.161(3) 1st Discharging a destructive device
5 which results in bodily harm or
6 property damage.
7 794.011(5) 2nd Sexual battery, victim 12 years
8 or over, offender does not use
9 physical force likely to cause
10 serious injury.
11 800.04(4) 2nd Lewd or lascivious battery.
12 806.01(1) 1st Maliciously damage dwelling or
13 structure by fire or explosive,
14 believing person in structure.
15 810.02(2)(a) 1st,PBL Burglary with assault or battery.
16 810.02(2)(b) 1st,PBL Burglary; armed with explosives
17 or dangerous weapon.
18 810.02(2)(c) 1st Burglary of a dwelling or
19 structure causing structural
20 damage or $1,000 or more property
21 damage.
22 812.13(2)(b) 1st Robbery with a weapon.
23 812.135(2) 1st Home-invasion robbery.
24 825.102(2) 2nd Aggravated abuse of an elderly
25 person or disabled adult.
26 825.103(2)(a) 1st Exploiting an elderly person or
27 disabled adult and property is
28 valued at $100,000 or more.
29 837.02(2) 2nd Perjury in official proceedings
30 relating to prosecution of a
31 capital felony.
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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.
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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
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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.
21 960.03 Definitions; ss. 960.01-960.28.--As used in ss.
22 960.01-960.28, unless the context otherwise requires, the
23 term:
24 (3) "Crime" means:
25 (b) A violation of s. 316.193, s. 316.027(1), s.
26 327.35(1), s. 782.071(2), or s. 860.13(1)(a) which results in
27 physical injury or death; however, no other act involving the
28 operation of a motor vehicle, boat, or aircraft which results
29 in injury or death shall constitute a crime for the purpose of
30 this chapter unless the injury or death was intentionally
31 inflicted through the use of such vehicle, boat, or aircraft
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1 or unless such vehicle, boat, or aircraft is an implement of a
2 crime to which this act applies.
3 Section 4. This act shall take effect October 1, 2001,
4 and shall apply to offenses committed on or after that date.
5
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7 HOUSE SUMMARY
8
Redefines the offense of "vehicular homicide" to include
9 the killing of an unborn quick child by any injury to the
mother which would be vehicular homicide if it resulted
10 in the death of the mother. Provides penalties. Provides
that killing an unborn quick child by an injury to the
11 mother which would be murder in any degree if it resulted
in the death of the mother is murder in the same degree.
12 Provides penalties. Provides that killing an unborn quick
child by an injury to the mother which would be
13 manslaughter if it resulted in the death of the mother is
manslaughter. Provides penalties. Specifies circumstances
14 under which the death of the mother does not bar
prosecution. Conforms terminology in the offense severity
15 ranking chart.
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