House Bill hb0497c1
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Florida House of Representatives - 2001 CS/HB 497
By the Committee on Crime Prevention, Corrections & Safety
and Representative Andrews
1 A bill to be entitled
2 An act relating to homicide of an unborn child;
3 amending s. 316.193, F.S.; including the death
4 of a viable fetus under DUI manslaughter;
5 providing a definition; amending s. 782.071,
6 F.S.; specifying when a fetus is viable for
7 purposes of "vehicular homicide"; amending s.
8 782.09, F.S.; providing that killing an unborn
9 quick child by injury to the mother which would
10 be murder in any degree if it resulted in the
11 death of the mother is murder in the same
12 degree; providing penalties; providing that the
13 unlawful killing of an unborn quick child by
14 injury to the mother which would be
15 manslaughter if it resulted in the death of the
16 mother is manslaughter; providing penalties;
17 providing that the death of the mother does not
18 bar prosecution under specified circumstances;
19 reenacting ss. 921.0022(3)(g) and (h) and
20 960.03(3), F.S., relating to the Criminal
21 Punishment Code offense severity ranking chart
22 and the definition of "crime" with respect to
23 the Florida Crimes Compensation Act,
24 respectively, to incorporate said amendment in
25 references; providing an effective date.
26
27 WHEREAS, the Legislature finds that unborn children
28 have protectable interests in life, health, and well-being,
29 and
30 WHEREAS, the Legislature finds that in order to best
31 serve the needs of unborn children, and the needs of parents
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1 of unborn children who choose life, it is necessary to afford
2 all unborn children the full protection of the law, and
3 WHEREAS, the Legislature finds that it is in the best
4 interest of the state to seek justice for unborn children who
5 would have lived had it not been for the criminal act of
6 another, NOW, THEREFORE,
7
8 Be It Enacted by the Legislature of the State of Florida:
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10 Section 1. Paragraph (c) of subsection (3) of section
11 316.193, Florida Statutes, is amended to read:
12 316.193 Driving under the influence; penalties.--
13 (1) A person is guilty of the offense of driving under
14 the influence and is subject to punishment as provided in
15 subsection (2) if the person is driving or in actual physical
16 control of a vehicle within this state and:
17 (a) The person is under the influence of alcoholic
18 beverages, any chemical substance set forth in s. 877.111, or
19 any substance controlled under chapter 893, when affected to
20 the extent that the person's normal faculties are impaired;
21 (b) The person has a blood-alcohol level of 0.08 or
22 more grams of alcohol per 100 milliliters of blood; or
23 (c) The person has a breath-alcohol level of 0.08 or
24 more grams of alcohol per 210 liters of breath.
25 (3) Any person:
26 (a) Who is in violation of subsection (1);
27 (b) Who operates a vehicle; and
28 (c) Who, by reason of such operation, causes:
29 1. Damage to the property or person of another commits
30 a misdemeanor of the first degree, punishable as provided in
31 s. 775.082 or s. 775.083.
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1 2. Serious bodily injury to another, as defined in s.
2 316.1933, commits a felony of the third degree, punishable as
3 provided in s. 775.082, s. 775.083, or s. 775.084.
4 3. The death of any human being or viable fetus
5 commits DUI manslaughter, and commits:
6 a. A felony of the second degree, punishable as
7 provided in s. 775.082, s. 775.083, or s. 775.084.
8 b. A felony of the first degree, punishable as
9 provided in s. 775.082, s. 775.083, or s. 775.084, if:
10 (I) At the time of the crash, the person knew, or
11 should have known, that the crash occurred; and
12 (II) The person failed to give information and render
13 aid as required by s. 316.062.
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15 For purposes of this subsection, a fetus is viable after the
16 20th week of gestation.
17 Section 2. Section 782.071, Florida Statutes, is
18 amended to read:
19 782.071 Vehicular homicide.--"Vehicular homicide" is
20 the killing of a human being, or the killing of a viable fetus
21 by any injury to the mother, caused by the operation of a
22 motor vehicle by another in a reckless manner likely to cause
23 the death of, or great bodily harm to, another. Vehicular
24 homicide is:
25 (1) A felony of the second degree, punishable as
26 provided in s. 775.082, s. 775.083, or s. 775.084.
27 (2) A felony of the first degree, punishable as
28 provided in s. 775.082, s. 775.083, or s. 775.084, if:
29 (a) At the time of the accident, the person knew, or
30 should have known, that the accident occurred; and
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1 (b) The person failed to give information and render
2 aid as required by s. 316.062.
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4 This subsection does not require that the person knew that the
5 accident resulted in injury or death.
6 (3) For purposes of this section, a fetus is viable
7 after the 20th week of gestation when it becomes capable of
8 meaningful life outside the womb through standard medical
9 measures.
10 (4) A right of action for civil damages shall exist
11 under s. 768.19, under all circumstances, for all deaths
12 described in this section.
13 Section 3. Section 782.09, Florida Statutes, is
14 amended to read:
15 782.09 Killing of unborn child by injury to mother.--
16 (1) The unlawful willful killing of an unborn quick
17 child, by any injury to the mother of such child which would
18 be murder if it resulted in the death of such mother, shall be
19 deemed murder in the same degree as that which would have been
20 committed against the mother. A person who unlawfully kills an
21 unborn quick child by any injury to the mother:
22 (a) Which would be murder in the first degree
23 constituting a capital felony if it resulted in the mother's
24 death commits murder in the first degree constituting a
25 capital felony, punishable as provided in s. 775.082.
26 (b) Which would be murder in the second degree if it
27 resulted in the mother's death commits murder in the second
28 degree and a felony of the first degree, punishable as
29 provided in s. 775.082, s. 775.083, or s. 775.084.
30 (c) Which would be murder in the third degree if it
31 resulted in the mother's death commits murder in the third
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1 degree and manslaughter, a felony of the second degree,
2 punishable as provided in s. 775.082, s. 775.083, or s.
3 775.084.
4 (2) The unlawful killing of an unborn quick child, by
5 any injury to the mother of such child which would be
6 manslaughter if it resulted in the death of such mother, shall
7 be deemed manslaughter. A person who unlawfully kills an
8 unborn quick child by any injury to the mother which would be
9 manslaughter if it resulted in the mother's death commits
10 manslaughter and a felony of the second degree, punishable as
11 provided in s. 775.082, s. 775.083, or s. 775.084.
12 (3) The death of the mother resulting from the same
13 act or criminal episode which caused the death of the unborn
14 quick child shall not bar prosecution under this section.
15 Section 4. For the purposes of incorporating the
16 amendment to s. 782.071, Florida Statutes, in references
17 thereto, the sections or subdivisions of Florida Statutes set
18 forth below are reenacted to read:
19 921.0022 Criminal Punishment Code; offense severity
20 ranking chart.--
21 (3) OFFENSE SEVERITY RANKING CHART
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23 Florida Felony
24 Statute Degree Description
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27 (g) LEVEL 7
28 316.193(3)(c)2. 3rd DUI resulting in serious bodily
29 injury.
30 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
31 bodily injury.
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1 402.319(2) 2nd Misrepresentation and negligence
2 or intentional act resulting in
3 great bodily harm, permanent
4 disfiguration, permanent
5 disability, or death.
6 409.920(2) 3rd Medicaid provider fraud.
7 456.065(2) 3rd Practicing a health care
8 profession without a license.
9 456.065(2) 2nd Practicing a health care
10 profession without a license
11 which results in serious bodily
12 injury.
13 458.327(1) 3rd Practicing medicine without a
14 license.
15 459.013(1) 3rd Practicing osteopathic medicine
16 without a license.
17 460.411(1) 3rd Practicing chiropractic medicine
18 without a license.
19 461.012(1) 3rd Practicing podiatric medicine
20 without a license.
21 462.17 3rd Practicing naturopathy without a
22 license.
23 463.015(1) 3rd Practicing optometry without a
24 license.
25 464.016(1) 3rd Practicing nursing without a
26 license.
27 465.015(2) 3rd Practicing pharmacy without a
28 license.
29 466.026(1) 3rd Practicing dentistry or dental
30 hygiene without a license.
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1 467.201 3rd Practicing midwifery without a
2 license.
3 468.366 3rd Delivering respiratory care
4 services without a license.
5 483.828(1) 3rd Practicing as clinical laboratory
6 personnel without a license.
7 483.901(9) 3rd Practicing medical physics
8 without a license.
9 484.053 3rd Dispensing hearing aids without a
10 license.
11 494.0018(2) 1st Conviction of any violation of
12 ss. 494.001-494.0077 in which the
13 total money and property
14 unlawfully obtained exceeded
15 $50,000 and there were five or
16 more victims.
17 560.123(8)(b)1. 3rd Failure to report currency or
18 payment instruments exceeding
19 $300 but less than $20,000 by
20 money transmitter.
21 560.125(5)(a) 3rd Money transmitter business by
22 unauthorized person, currency or
23 payment instruments exceeding
24 $300 but less than $20,000.
25 655.50(10)(b)1. 3rd Failure to report financial
26 transactions exceeding $300 but
27 less than $20,000 by financial
28 institution.
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1 782.051(3) 2nd Attempted felony murder of a
2 person by a person other than the
3 perpetrator or the perpetrator of
4 an attempted felony.
5 782.07(1) 2nd Killing of a human being by the
6 act, procurement, or culpable
7 negligence of another
8 (manslaughter).
9 782.071 2nd Killing of human being or viable
10 fetus by the operation of a motor
11 vehicle in a reckless manner
12 (vehicular homicide).
13 782.072 2nd Killing of a human being by the
14 operation of a vessel in a
15 reckless manner (vessel
16 homicide).
17 784.045(1)(a)1. 2nd Aggravated battery; intentionally
18 causing great bodily harm or
19 disfigurement.
20 784.045(1)(a)2. 2nd Aggravated battery; using deadly
21 weapon.
22 784.045(1)(b) 2nd Aggravated battery; perpetrator
23 aware victim pregnant.
24 784.048(4) 3rd Aggravated stalking; violation of
25 injunction or court order.
26 784.07(2)(d) 1st Aggravated battery on law
27 enforcement officer.
28 784.08(2)(a) 1st Aggravated battery on a person 65
29 years of age or older.
30 784.081(1) 1st Aggravated battery on specified
31 official or employee.
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1 784.082(1) 1st Aggravated battery by detained
2 person on visitor or other
3 detainee.
4 784.083(1) 1st Aggravated battery on code
5 inspector.
6 790.07(4) 1st Specified weapons violation
7 subsequent to previous conviction
8 of s. 790.07(1) or (2).
9 790.16(1) 1st Discharge of a machine gun under
10 specified circumstances.
11 790.166(3) 2nd Possessing, selling, using, or
12 attempting to use a hoax weapon
13 of mass destruction.
14 796.03 2nd Procuring any person under 16
15 years for prostitution.
16 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
17 victim less than 12 years of age;
18 offender less than 18 years.
19 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
20 victim 12 years of age or older
21 but less than 16 years; offender
22 18 years or older.
23 806.01(2) 2nd Maliciously damage structure by
24 fire or explosive.
25 810.02(3)(a) 2nd Burglary of occupied dwelling;
26 unarmed; no assault or battery.
27 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
28 unarmed; no assault or battery.
29 810.02(3)(d) 2nd Burglary of occupied conveyance;
30 unarmed; no assault or battery.
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1 812.014(2)(a) 1st Property stolen, valued at
2 $100,000 or more; property stolen
3 while causing other property
4 damage; 1st degree grand theft.
5 812.019(2) 1st Stolen property; initiates,
6 organizes, plans, etc., the theft
7 of property and traffics in
8 stolen property.
9 812.131(2)(a) 2nd Robbery by sudden snatching.
10 812.133(2)(b) 1st Carjacking; no firearm, deadly
11 weapon, or other weapon.
12 825.102(3)(b) 2nd Neglecting an elderly person or
13 disabled adult causing great
14 bodily harm, disability, or
15 disfigurement.
16 825.1025(2) 2nd Lewd or lascivious battery upon
17 an elderly person or disabled
18 adult.
19 825.103(2)(b) 2nd Exploiting an elderly person or
20 disabled adult and property is
21 valued at $20,000 or more, but
22 less than $100,000.
23 827.03(3)(b) 2nd Neglect of a child causing great
24 bodily harm, disability, or
25 disfigurement.
26 827.04(3) 3rd Impregnation of a child under 16
27 years of age by person 21 years
28 of age or older.
29 837.05(2) 3rd Giving false information about
30 alleged capital felony to a law
31 enforcement officer.
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1 872.06 2nd Abuse of a dead human body.
2 893.13(1)(c)1. 1st Sell, manufacture, or deliver
3 cocaine (or other drug prohibited
4 under s. 893.03(1)(a), (1)(b),
5 (1)(d), (2)(a), (2)(b), or
6 (2)(c)4.) within 1,000 feet of a
7 child care facility or school.
8 893.13(1)(e)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
13 property used for religious
14 services or a specified business
15 site.
16 893.13(4)(a) 1st Deliver to minor cocaine (or
17 other s. 893.03(1)(a), (1)(b),
18 (1)(d), (2)(a), (2)(b), or
19 (2)(c)4. drugs).
20 893.135(1)(a)1. 1st Trafficking in cannabis, more
21 than 50 lbs., less than 2,000
22 lbs.
23 893.135
24 (1)(b)1.a. 1st Trafficking in cocaine, more than
25 28 grams, less than 200 grams.
26 893.135
27 (1)(c)1.a. 1st Trafficking in illegal drugs,
28 more than 4 grams, less than 14
29 grams.
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1 893.135
2 (1)(d)1. 1st Trafficking in phencyclidine,
3 more than 28 grams, less than 200
4 grams.
5 893.135(1)(e)1. 1st Trafficking in methaqualone, more
6 than 200 grams, less than 5
7 kilograms.
8 893.135(1)(f)1. 1st Trafficking in amphetamine, more
9 than 14 grams, less than 28
10 grams.
11 893.135
12 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
13 grams or more, less than 14
14 grams.
15 893.135
16 (1)(h)1.a. 1st Trafficking in
17 gamma-hydroxybutyric acid (GHB),
18 1 kilogram or more, less than 5
19 kilograms.
20 893.135
21 (1)(i)1.a. 1st Trafficking in 1,4-Butanediol, 1
22 kilogram or more, less then 5
23 kilograms.
24 893.135
25 (1)(j)2.a. 1st Trafficking in Phenethylamines,
26 10 grams or more, less than 200
27 grams.
28 896.101(5)(a) 3rd Money laundering, financial
29 transactions exceeding $300 but
30 less than $20,000.
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1 896.104(4)(a)1. 3rd Structuring transactions to evade
2 reporting or registration
3 requirements, financial
4 transactions exceeding $300 but
5 less than $20,000.
6 (h) LEVEL 8
7 316.193
8 (3)(c)3.a. 2nd DUI manslaughter.
9 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
10 560.123(8)(b)2. 2nd Failure to report currency or
11 payment instruments totaling or
12 exceeding $20,000, but less than
13 $100,000 by money transmitter.
14 560.125(5)(b) 2nd Money transmitter business by
15 unauthorized person, currency or
16 payment instruments totaling or
17 exceeding $20,000, but less than
18 $100,000.
19 655.50(10)(b)2. 2nd Failure to report financial
20 transactions totaling or
21 exceeding $20,000, but less than
22 $100,000 by financial
23 institutions.
24 777.03(2)(a) 1st Accessory after the fact, capital
25 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(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.
7 960.03 Definitions; ss. 960.01-960.28.--As used in ss.
8 960.01-960.28, unless the context otherwise requires, the
9 term:
10 (3) "Crime" means:
11 (b) A violation of s. 316.193, s. 316.027(1), s.
12 327.35(1), s. 782.071(2), or s. 860.13(1)(a) which results in
13 physical injury or death; however, no other act involving the
14 operation of a motor vehicle, boat, or aircraft which results
15 in injury or death shall constitute a crime for the purpose of
16 this chapter unless the injury or death was intentionally
17 inflicted through the use of such vehicle, boat, or aircraft
18 or unless such vehicle, boat, or aircraft is an implement of a
19 crime to which this act applies.
20 Section 5. This act shall take effect October 1, 2001,
21 and shall apply to offenses committed on or after that date.
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