Senate Bill sb0188c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2002                            CS for SB 188

    By the Committee on Criminal Justice; and Senators Smith and
    Wise




    307-1291-02

  1                      A bill to be entitled

  2         An act relating to manslaughter; amending s.

  3         782.07, F.S.; providing that a person who

  4         causes the death, through culpable negligence,

  5         of a law enforcement officer, a firefighter, an

  6         emergency medical technician, or a paramedic

  7         while the law enforcement officer, firefighter,

  8         emergency medical technician, or paramedic is

  9         performing duties of employment commits the

10         offense of aggravated manslaughter; providing

11         an enhanced penalty; providing an effective

12         date.

13

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

15

16         Section 1.  This act may be cited as the "Officer Scott

17  Baird Act."

18         Section 2.  Section 782.07, Florida Statutes, is

19  amended to read:

20         782.07  Manslaughter; aggravated manslaughter of an

21  elderly person or disabled adult; aggravated manslaughter of a

22  child; aggravated manslaughter of a law enforcement officer, a

23  firefighter, an emergency medical technician, or a

24  paramedic.--

25         (1)  The killing of a human being by the act,

26  procurement, or culpable negligence of another, without lawful

27  justification according to the provisions of chapter 776 and

28  in cases in which such killing shall not be excusable homicide

29  or murder, according to the provisions of this chapter, is

30  manslaughter, a felony of the second degree, punishable as

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

                                  1

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






    Florida Senate - 2002                            CS for SB 188
    307-1291-02




  1         (2)  A person who causes the death of any elderly

  2  person or disabled adult by culpable negligence under s.

  3  825.102(3) commits aggravated manslaughter of an elderly

  4  person or disabled adult, a felony of the first degree,

  5  punishable as provided in s. 775.082, s. 775.083, or s.

  6  775.084.

  7         (3)  A person who causes the death of any person under

  8  the age of 18 by culpable negligence under s. 827.03(3)

  9  commits aggravated manslaughter of a child, a felony of the

10  first degree, punishable as provided in s. 775.082, s.

11  775.083, or s. 775.084.

12         (4)  A person who causes the death, through culpable

13  negligence, of a law enforcement officer as defined in s.

14  943.10(14), a firefighter as defined in s. 112.191, an

15  emergency medical technician as defined in s. 401.23, or a

16  paramedic as defined in s. 401.23, while the law enforcement

17  officer, firefighter, emergency medical technician, or

18  paramedic is performing duties that are within the course of

19  his or her employment, commits aggravated manslaughter of a

20  law enforcement officer, a firefighter, an emergency medical

21  technician, or a paramedic, a felony of the first degree,

22  punishable as provided in s. 775.082, s. 775.083, or s.

23  775.084.

24         Section 3.  This act shall take effect July 1, 2002.

25

26

27

28

29

30

31

                                  2

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






    Florida Senate - 2002                            CS for SB 188
    307-1291-02




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 188

  3

  4  -     Clarifies that the potential victims of the crime of
          aggravated manslaughter of a law enforcement officer,
  5        firefighter, emergency medical technician or paramedic,
          should be performing duties that are within the course
  6        of his or her employment in order for the statute to
          apply.
  7
    -     Incorporates by reference statutory definitions of
  8        "officer," "firefighter," "emergency medical technician"
          and "paramedic."
  9
    -     Provides that the act may be cited as the "Officer Scott
10        Baird Act."

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  3

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