HB 0707 2003
1	A bill to be entitled
2	An act relating to homicide of an unborn quick child;
3	defining the term "unborn quick child"; amending s.
4	316.193, F.S.; including the death of an unborn quick
5	child under DUI manslaughter; amending s. 782.071, F.S.;
6	making the killing of an unborn quick child rather than
7	the killing of a viable fetus a "vehicular homicide";
8	deleting a provision describing the viability of a fetus;
9	amending s. 782.09, F.S.; providing that killing an unborn
10	quick child by injury to the mother which would be murder
11	in any degree if it resulted in the death of the mother is
12	murder in the same degree; providing penalties; providing
13	that the unlawful killing of an unborn quick child by
14	injury to the mother which would be manslaughter if it
15	resulted in the death of the mother is manslaughter;
16	providing penalties; providing that the death of the
17	mother does not bar prosecution under specified
18	circumstances; providing that the section does not
19	authorize prosecution of a person in connection with a
20	termination of pregnancy; amending s. 921.0022, F.S.,
21	relating to the Criminal Punishment Code offense severity
22	ranking chart; conforming provisions to changes made by
23	the act; providing an effective date.
24
25	Be It Enacted by the Legislature of the State of Florida:
26
27	Section 1. Definition.--For the purposes of this act, the
28	term "unborn quick child" means the unborn child of a pregnant
29	woman which has developed to the point of maturity at which its
30	movements can be felt in its mother, or at which the unborn
31	child becomes capable of meaningful life outside the womb
32	through standard medical measures.
33	Section 2. Subsection (3) of section 316.193, Florida
34	Statutes, is amended to read:
35	316.193 Driving under the influence; penalties.--
36	(3) Any person:
37	(a) Who is in violation of subsection (1);
38	(b) Who operates a vehicle; and
39	(c) Who, by reason of such operation, causes or
40	contributes to causing:
41	1. Damage to the property or person of another commits a
42	misdemeanor of the first degree, punishable as provided in s.
43	775.082 or s. 775.083.
44	2. Serious bodily injury to another, as defined in s.
45	316.1933, commits a felony of the third degree, punishable as
46	provided in s. 775.082, s. 775.083, or s. 775.084.
47	3. The death of any human being or unborn quick child
48	commits DUI manslaughter, and commits:
49	a. A felony of the second degree, punishable as provided
50	in s. 775.082, s. 775.083, or s. 775.084.
51	b. A felony of the first degree, punishable as provided in
52	s. 775.082, s. 775.083, or s. 775.084, if:
53	(I) At the time of the crash, the person knew, or should
54	have known, that the crash occurred; and
55	(II) The person failed to give information and render aid
56	as required by s. 316.062.
57	Section 3. Section 782.071, Florida Statutes, is amended
58	to read:
59	782.071 Vehicular homicide.--"Vehicular homicide" is the
60	killing of a human being, or the killing of an unborn quick
61	childa viable fetusby any injury to the mother, caused by the
62	operation of a motor vehicle by another in a reckless manner
63	likely to cause the death of, or great bodily harm to, another.
64	(1) Vehicular homicide is:
65	(a) A felony of the second degree, punishable as provided
66	in s. 775.082, s. 775.083, or s. 775.084.
67	(b) A felony of the first degree, punishable as provided
68	in s. 775.082, s. 775.083, or s. 775.084, if:
69	1. At the time of the accident, the person knew, or should
70	have known, that the accident occurred; and
71	2. The person failed to give information and render aid as
72	required by s. 316.062.
73
74	This paragraph does not require that the person knew that the
75	accident resulted in injury or death.
76	(2) For purposes of this section, a fetus is viable when
77	it becomes capable of meaningful life outside the womb through
78	standard medical measures.
79	(2)(3)A right of action for civil damages shall exist
80	under s. 768.19, under all circumstances, for all deaths
81	described in this section.
82	(3)(4)In addition to any other punishment, the court may
83	order the person to serve 120 community service hours in a
84	trauma center or hospital that regularly receives victims of
85	vehicle accidents, under the supervision of a registered nurse,
86	an emergency room physician, or an emergency medical technician
87	pursuant to a voluntary community service program operated by
88	the trauma center or hospital.
89	Section 4. Section 782.09, Florida Statutes, is amended to
90	read:
91	782.09 Killing of unborn quickchild by injury to
92	mother.--
93	(1) The unlawfulwillfulkilling of an unborn quick child,
94	by any injury to the mother of such child which would be murder
95	if it resulted in the death of such mother, shall be deemed
96	murder in the same degree as that which would have been
97	committed against the mother. A person who unlawfully kills an
98	unborn quick child by any injury to the mother:
99	(a) Which would be murder in the first degree constituting
100	a capital felony if it resulted in the mother's death commits
101	murder in the first degree constituting a capital felony,
102	punishable as provided in s. 775.082.
103	(b) Which would be murder in the second degree if it
104	resulted in the mother's death commits murder in the second
105	degree, a felony of the first degree, punishable as provided in
106	s. 775.082, s. 775.083, or s. 775.084.
107	(c) Which would be murder in the third degree if it
108	resulted in the mother's death commits murder in the third
109	degreemanslaughter, a felony of the second degree, punishable
110	as provided in s. 775.082, s. 775.083, or s. 775.084.
111	(2) The unlawful killing of an unborn quick child by any
112	injury to the mother of such child which would be manslaughter
113	if it resulted in the death of such mother shall be deemed
114	manslaughter. A person who unlawfully kills an unborn quick
115	child by any injury to the mother which would be manslaughter if
116	it resulted in the mother's death commits manslaughter, a felony
117	of the second degree, punishable as provided in s. 775.082, s.
118	775.083, or s. 775.084.
119	(3) The death of the mother resulting from the same act or
120	criminal episode which caused the death of the unborn quick
121	child shall not bar prosecution under this section.
122	(4) This section does not authorize the prosecution of any
123	person in connection with a termination of pregnancy pursuant to
124	chapter 390.
125	Section 5. Paragraph (g) of subsection (3) of section
126	921.0022, Florida Statutes, is amended to read:
127	921.0022 Criminal Punishment Code; offense severity
128	ranking chart.--
129	(3) OFFENSE SEVERITY RANKING CHART
130	FloridaStatute FelonyDegree Description
131	(g) LEVEL 7
132	316.193(3)(c) 2. 3rd DUI resulting in serious bodily injury.
133	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
134	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
135	409.920(2) 3rd Medicaid provider fraud.
136	456.065(2) 3rd Practicing a health care profession without a license.
137	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
138	458.327(1) 3rd Practicing medicine without a license.
139	459.013(1) 3rd Practicing osteopathic medicine without a license.
140	460.411(1) 3rd Practicing chiropractic medicine without a license.
141	461.012(1) 3rd Practicing podiatric medicine without a license.
142	462.17 3rd Practicing naturopathy without a license.
143	463.015(1) 3rd Practicing optometry without a license.
144	464.016(1) 3rd Practicing nursing without a license.
145	465.015(2) 3rd Practicing pharmacy without a license.
146	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
147	467.201 3rd Practicing midwifery without a license.
148	468.366 3rd Delivering respiratory care services without a license.
149	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
150	483.901(9) 3rd Practicing medical physics without a license.
151	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
152	484.053 3rd Dispensing hearing aids without a license.
153	494.0018(2) 1st Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
154	560.123(8)(b) 1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
155	560.125(5)(a) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
156	655.50(10)(b) 1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
157	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
158	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
159	782.071(1) 2nd Killing of human being or unborn quick childviable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
160	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
161	784.045(1)(a) 1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
162	784.045(1)(a) 2. 2nd Aggravated battery; using deadly weapon.
163	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
164	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
165	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
166	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
167	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
168	784.081(1) 1st Aggravated battery on specified official or employee.
169	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
170	784.083(1) 1st Aggravated battery on code inspector.
171	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
172	790.16(1) 1st Discharge of a machine gun under specified circumstances.
173	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
174	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
175	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
176	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
177	796.03 2nd Procuring any person under 16 years for prostitution.
178	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
179	800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
180	806.01(2) 2nd Maliciously damage structure by fire or explosive.
181	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
182	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
183	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
184	812.014(2)(a) 1st Property stolen, valued at $100,000 or more; cargo stolen valued at $50,000 or more; property stolen while causing other property damage; 1st degree grand theft.
185	812.014(2)(b) 3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
186	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
187	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
188	812.131(2)(a) 2nd Robbery by sudden snatching.
189	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
190	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
191	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
192	825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
193	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
194	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
195	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
196	872.06 2nd Abuse of a dead human body.
197	893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility or school.
198	893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
199	893.13(4)(a) 1st Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
200	893.135(1)(a) 1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
201	893.135(1)(b) 1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
202	893.135(1)(c) 1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
203	893.135(1)(d) 1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
204	893.135(1)(e) 1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
205	893.135(1)(f) 1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
206	893.135(1)(g) 1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
207	893.135(1)(h) 1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
208	893.135(1)(j) 1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
209	893.135(1)(k) 2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
210	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
211	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
212	Section 6. This act shall take effect October 1, 2003, and
213	shall apply to offenses committed on or after that date.