Senate Bill sb2072
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Florida Senate - 2003 SB 2072
By Senator Cowin
20-1199-03 See HB 707
1 A bill to be entitled
2 An act relating to homicide of an unborn quick
3 child; defining the term "unborn quick child";
4 amending s. 316.193, F.S.; including the death
5 of an unborn quick child under DUI
6 manslaughter; amending s. 782.071, F.S.; making
7 the killing of an unborn quick child rather
8 than the killing of a viable fetus a "vehicular
9 homicide"; deleting a provision describing the
10 viability of a fetus; amending s. 782.09, F.S.;
11 providing that killing an unborn quick child by
12 injury to the mother which would be murder in
13 any degree if it resulted in the death of the
14 mother is murder in the same degree; providing
15 penalties; providing that the unlawful killing
16 of an unborn quick child by injury to the
17 mother which would be manslaughter if it
18 resulted in the death of the mother is
19 manslaughter; providing penalties; providing
20 that the death of the mother does not bar
21 prosecution under specified circumstances;
22 providing that the section does not authorize
23 prosecution of a person in connection with a
24 termination of pregnancy; amending s. 921.0022,
25 F.S., relating to the Criminal Punishment Code
26 offense severity ranking chart; conforming
27 provisions to changes made by the act;
28 providing an effective date.
29
30 Be It Enacted by the Legislature of the State of Florida:
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Florida Senate - 2003 SB 2072
20-1199-03 See HB 707
1 Section 1. Definition.--For the purposes of this act,
2 the term "unborn quick child" means the unborn child of a
3 pregnant woman which has developed to the point of maturity at
4 which its movements can be felt in its mother, or at which the
5 unborn child becomes capable of meaningful life outside the
6 womb through standard medical measures.
7 Section 2. Subsection (3) of section 316.193, Florida
8 Statutes, is amended to read:
9 316.193 Driving under the influence; penalties.--
10 (3) Any person:
11 (a) Who is in violation of subsection (1);
12 (b) Who operates a vehicle; and
13 (c) Who, by reason of such operation, causes or
14 contributes to causing:
15 1. Damage to the property or person of another commits
16 a misdemeanor of the first degree, punishable as provided in
17 s. 775.082 or s. 775.083.
18 2. Serious bodily injury to another, as defined in s.
19 316.1933, commits a felony of the third degree, punishable as
20 provided in s. 775.082, s. 775.083, or s. 775.084.
21 3. The death of any human being or unborn quick child
22 commits DUI manslaughter, and commits:
23 a. A felony of the second degree, punishable as
24 provided in s. 775.082, s. 775.083, or s. 775.084.
25 b. A felony of the first degree, punishable as
26 provided in s. 775.082, s. 775.083, or s. 775.084, if:
27 (I) At the time of the crash, the person knew, or
28 should have known, that the crash occurred; and
29 (II) The person failed to give information and render
30 aid as required by s. 316.062.
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Florida Senate - 2003 SB 2072
20-1199-03 See HB 707
1 Section 3. Section 782.071, Florida Statutes, is
2 amended to read:
3 782.071 Vehicular homicide.--"Vehicular homicide" is
4 the killing of a human being, or the killing of an unborn
5 quick child a viable fetus by any injury to the mother, caused
6 by the operation of a motor vehicle by another in a reckless
7 manner likely to cause the death of, or great bodily harm to,
8 another.
9 (1) Vehicular homicide is:
10 (a) A felony of the second degree, punishable as
11 provided in s. 775.082, s. 775.083, or s. 775.084.
12 (b) A felony of the first degree, punishable as
13 provided in s. 775.082, s. 775.083, or s. 775.084, if:
14 1. At the time of the accident, the person knew, or
15 should have known, that the accident occurred; and
16 2. The person failed to give information and render
17 aid as required by s. 316.062.
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19 This paragraph does not require that the person knew that the
20 accident resulted in injury or death.
21 (2) For purposes of this section, a fetus is viable
22 when it becomes capable of meaningful life outside the womb
23 through standard medical measures.
24 (2)(3) A right of action for civil damages shall exist
25 under s. 768.19, under all circumstances, for all deaths
26 described in this section.
27 (3)(4) In addition to any other punishment, the court
28 may order the person to serve 120 community service hours in a
29 trauma center or hospital that regularly receives victims of
30 vehicle accidents, under the supervision of a registered
31 nurse, an emergency room physician, or an emergency medical
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Florida Senate - 2003 SB 2072
20-1199-03 See HB 707
1 technician pursuant to a voluntary community service program
2 operated by the trauma center or hospital.
3 Section 4. Section 782.09, Florida Statutes, is
4 amended to read:
5 782.09 Killing of unborn quick child by injury to
6 mother.--
7 (1) The unlawful willful killing of an unborn quick
8 child, by any injury to the mother of such child which would
9 be murder if it resulted in the death of such mother, shall be
10 deemed murder in the same degree as that which would have been
11 committed against the mother. A person who unlawfully kills an
12 unborn quick child by any injury to the mother:
13 (a) Which would be murder in the first degree
14 constituting a capital felony if it resulted in the mother's
15 death commits murder in the first degree constituting a
16 capital felony, punishable as provided in s. 775.082.
17 (b) Which would be murder in the second degree if it
18 resulted in the mother's death commits murder in the second
19 degree, a felony of the first degree, punishable as provided
20 in s. 775.082, s. 775.083, or s. 775.084.
21 (c) Which would be murder in the third degree if it
22 resulted in the mother's death commits murder in the third
23 degree manslaughter, a felony of the second degree, punishable
24 as provided in s. 775.082, s. 775.083, or s. 775.084.
25 (2) The unlawful killing of an unborn quick child by
26 any injury to the mother of such child which would be
27 manslaughter if it resulted in the death of such mother shall
28 be deemed manslaughter. A person who unlawfully kills an
29 unborn quick child by any injury to the mother which would be
30 manslaughter if it resulted in the mother's death commits
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Florida Senate - 2003 SB 2072
20-1199-03 See HB 707
1 manslaughter, a felony of the second degree, punishable as
2 provided in s. 775.082, s. 775.083, or s. 775.084.
3 (3) The death of the mother resulting from the same
4 act or criminal episode which caused the death of the unborn
5 quick child shall not bar prosecution under this section.
6 (4) This section does not authorize the prosecution of
7 any person in connection with a termination of pregnancy
8 pursuant to chapter 390.
9 Section 5. Paragraph (g) of subsection (3) of section
10 921.0022, Florida Statutes, is amended to read:
11 921.0022 Criminal Punishment Code; offense severity
12 ranking chart.--
13 (3) OFFENSE SEVERITY RANKING CHART
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15 Florida Felony
16 Statute Degree Description
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19 (g) LEVEL 7
20 316.193(3)(c)2. 3rd DUI resulting in serious bodily
21 injury.
22 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
23 bodily injury.
24 402.319(2) 2nd Misrepresentation and negligence
25 or intentional act resulting in
26 great bodily harm, permanent
27 disfiguration, permanent
28 disability, or death.
29 409.920(2) 3rd Medicaid provider fraud.
30 456.065(2) 3rd Practicing a health care
31 profession without a license.
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Florida Senate - 2003 SB 2072
20-1199-03 See HB 707
1 456.065(2) 2nd Practicing a health care
2 profession without a license
3 which results in serious bodily
4 injury.
5 458.327(1) 3rd Practicing medicine without a
6 license.
7 459.013(1) 3rd Practicing osteopathic medicine
8 without a license.
9 460.411(1) 3rd Practicing chiropractic medicine
10 without a license.
11 461.012(1) 3rd Practicing podiatric medicine
12 without a license.
13 462.17 3rd Practicing naturopathy without a
14 license.
15 463.015(1) 3rd Practicing optometry without a
16 license.
17 464.016(1) 3rd Practicing nursing without a
18 license.
19 465.015(2) 3rd Practicing pharmacy without a
20 license.
21 466.026(1) 3rd Practicing dentistry or dental
22 hygiene without a license.
23 467.201 3rd Practicing midwifery without a
24 license.
25 468.366 3rd Delivering respiratory care
26 services without a license.
27 483.828(1) 3rd Practicing as clinical laboratory
28 personnel without a license.
29 483.901(9) 3rd Practicing medical physics
30 without a license.
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Florida Senate - 2003 SB 2072
20-1199-03 See HB 707
1 484.013(1)(c) 3rd Preparing or dispensing optical
2 devices without a prescription.
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).
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Florida Senate - 2003 SB 2072
20-1199-03 See HB 707
1 782.071 2nd Killing of human being or unborn
2 quick child viable fetus by the
3 operation of a motor vehicle in a
4 reckless manner (vehicular
5 homicide).
6 782.072 2nd Killing of a human being by the
7 operation of a vessel in a
8 reckless manner (vessel
9 homicide).
10 784.045(1)(a)1. 2nd Aggravated battery; intentionally
11 causing great bodily harm or
12 disfigurement.
13 784.045(1)(a)2. 2nd Aggravated battery; using deadly
14 weapon.
15 784.045(1)(b) 2nd Aggravated battery; perpetrator
16 aware victim pregnant.
17 784.048(4) 3rd Aggravated stalking; violation of
18 injunction or court order.
19 784.07(2)(d) 1st Aggravated battery on law
20 enforcement officer.
21 784.074(1)(a) 1st Aggravated battery on sexually
22 violent predators facility staff.
23 784.08(2)(a) 1st Aggravated battery on a person 65
24 years of age or older.
25 784.081(1) 1st Aggravated battery on specified
26 official or employee.
27 784.082(1) 1st Aggravated battery by detained
28 person on visitor or other
29 detainee.
30 784.083(1) 1st Aggravated battery on code
31 inspector.
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Florida Senate - 2003 SB 2072
20-1199-03 See HB 707
1 790.07(4) 1st Specified weapons violation
2 subsequent to previous conviction
3 of s. 790.07(1) or (2).
4 790.16(1) 1st Discharge of a machine gun under
5 specified circumstances.
6 790.165(2) 2nd Manufacture, sell, possess, or
7 deliver hoax bomb.
8 790.165(3) 2nd Possessing, displaying, or
9 threatening to use any hoax bomb
10 while committing or attempting to
11 commit a felony.
12 790.166(3) 2nd Possessing, selling, using, or
13 attempting to use a hoax weapon
14 of mass destruction.
15 790.166(4) 2nd Possessing, displaying, or
16 threatening to use a hoax weapon
17 of mass destruction while
18 committing or attempting to
19 commit a felony.
20 796.03 2nd Procuring any person under 16
21 years for prostitution.
22 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
23 victim less than 12 years of age;
24 offender less than 18 years.
25 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
26 victim 12 years of age or older
27 but less than 16 years; offender
28 18 years or older.
29 806.01(2) 2nd Maliciously damage structure by
30 fire or explosive.
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Florida Senate - 2003 SB 2072
20-1199-03 See HB 707
1 810.02(3)(a) 2nd Burglary of occupied dwelling;
2 unarmed; no assault or battery.
3 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
4 unarmed; no assault or battery.
5 810.02(3)(d) 2nd Burglary of occupied conveyance;
6 unarmed; no assault or battery.
7 812.014(2)(a) 1st Property stolen, valued at
8 $100,000 or more; cargo stolen
9 valued at $50,000 or more;
10 property stolen while causing
11 other property damage; 1st degree
12 grand theft.
13 812.014(2)(b)3. 2nd Property stolen, emergency
14 medical equipment; 2nd degree
15 grand theft.
16 812.0145(2)(a) 1st Theft from person 65 years of age
17 or older; $50,000 or more.
18 812.019(2) 1st Stolen property; initiates,
19 organizes, plans, etc., the theft
20 of property and traffics in
21 stolen property.
22 812.131(2)(a) 2nd Robbery by sudden snatching.
23 812.133(2)(b) 1st Carjacking; no firearm, deadly
24 weapon, or other weapon.
25 817.234(11)(c) 1st Insurance fraud; property value
26 $100,000 or more.
27 825.102(3)(b) 2nd Neglecting an elderly person or
28 disabled adult causing great
29 bodily harm, disability, or
30 disfigurement.
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Florida Senate - 2003 SB 2072
20-1199-03 See HB 707
1 825.103(2)(b) 2nd Exploiting an elderly person or
2 disabled adult and property is
3 valued at $20,000 or more, but
4 less than $100,000.
5 827.03(3)(b) 2nd Neglect of a child causing great
6 bodily harm, disability, or
7 disfigurement.
8 827.04(3) 3rd Impregnation of a child under 16
9 years of age by person 21 years
10 of age or older.
11 837.05(2) 3rd Giving false information about
12 alleged capital felony to a law
13 enforcement officer.
14 872.06 2nd Abuse of a dead human body.
15 893.13(1)(c)1. 1st Sell, manufacture, or deliver
16 cocaine (or other drug prohibited
17 under s. 893.03(1)(a), (1)(b),
18 (1)(d), (2)(a), (2)(b), or
19 (2)(c)4.) within 1,000 feet of a
20 child care facility or school.
21 893.13(1)(e)1. 1st Sell, manufacture, or deliver
22 cocaine or other drug prohibited
23 under s. 893.03(1)(a), (1)(b),
24 (1)(d), (2)(a), (2)(b), or
25 (2)(c)4., within 1,000 feet of
26 property used for religious
27 services or a specified business
28 site.
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Florida Senate - 2003 SB 2072
20-1199-03 See HB 707
1 893.13(4)(a) 1st Deliver to minor cocaine (or
2 other s. 893.03(1)(a), (1)(b),
3 (1)(d), (2)(a), (2)(b), or
4 (2)(c)4. drugs).
5 893.135(1)(a)1. 1st Trafficking in cannabis, more
6 than 25 lbs., less than 2,000
7 lbs.
8 893.135
9 (1)(b)1.a. 1st Trafficking in cocaine, more than
10 28 grams, less than 200 grams.
11 893.135
12 (1)(c)1.a. 1st Trafficking in illegal drugs,
13 more than 4 grams, less than 14
14 grams.
15 893.135
16 (1)(d)1. 1st Trafficking in phencyclidine,
17 more than 28 grams, less than 200
18 grams.
19 893.135(1)(e)1. 1st Trafficking in methaqualone, more
20 than 200 grams, less than 5
21 kilograms.
22 893.135(1)(f)1. 1st Trafficking in amphetamine, more
23 than 14 grams, less than 28
24 grams.
25 893.135
26 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
27 grams or more, less than 14
28 grams.
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Florida Senate - 2003 SB 2072
20-1199-03 See HB 707
1 893.135
2 (1)(h)1.a. 1st Trafficking in
3 gamma-hydroxybutyric acid (GHB),
4 1 kilogram or more, less than 5
5 kilograms.
6 893.135
7 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1
8 kilogram or more, less than 5
9 kilograms.
10 893.135
11 (1)(k)2.a. 1st Trafficking in Phenethylamines,
12 10 grams or more, less than 200
13 grams.
14 896.101(5)(a) 3rd Money laundering, financial
15 transactions exceeding $300 but
16 less than $20,000.
17 896.104(4)(a)1. 3rd Structuring transactions to evade
18 reporting or registration
19 requirements, financial
20 transactions exceeding $300 but
21 less than $20,000.
22 Section 6. This act shall take effect October 1, 2003,
23 and shall apply to offenses committed on or after that date.
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