House Bill hb0389

    Florida House of Representatives - 2002                 HB 389

        By Representatives Lerner, Heyman, Needelman, McGriff,
    Jennings, Bennett, Trovillion, Russell, Kosmas, Justice,
    Stansel, Kendrick, Kravitz, Flanagan, Spratt, Alexander,
    Argenziano, Littlefield, Baxley, Prieguez, Peterman, Romeo,
    (Additional Sponsors on Last Printed Page)


  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 of a law enforcement officer

  5         or firefighter through culpable negligence

  6         commits the offense of aggravated manslaughter;

  7         providing an enhanced penalty; providing an

  8         effective date.

  9

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

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12         Section 1.  Section 782.07, Florida Statutes, is

13  amended to read:

14         782.07  Manslaughter; aggravated manslaughter of an

15  elderly person or disabled adult; aggravated manslaughter of a

16  child; aggravated manslaughter of a law enforcement officer or

17  firefighter.--

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

19  procurement, or culpable negligence of another, without lawful

20  justification according to the provisions of chapter 776 and

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

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

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

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

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

26  person or disabled adult by culpable negligence under s.

27  825.102(3) commits aggravated manslaughter of an elderly

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

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

30  775.084.

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    Florida House of Representatives - 2002                 HB 389

    778-119-02






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

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

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

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

  5  775.083, or s. 775.084.

  6         (4)  A person who causes the death of a law enforcement

  7  officer, as defined in s. 943.10(1), or a firefighter through

  8  culpable negligence commits aggravated manslaughter of a law

  9  enforcement officer, a felony of the first degree, punishable

10  as provided in s. 775.082, s. 775.083, or s. 775.084.

11         Section 2.  This act shall take effect July 1, 2002.

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14                          SENATE SUMMARY

15    Provides that it is aggravated manslaughter and a
      first-degree felony for a person to cause the death of a
16    law enforcement officer or firefighter through culpable
      negligence.
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                         ADDITIONAL SPONSORS
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    Bendross-Mindingall, Kallinger, Baker, Jordan, Meadows, Ball,
22  Gannon, Gottlieb, Evers, Kilmer and Maygarden

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