Senate Bill sb1324

    Florida Senate - 2004                                  SB 1324

    By Senator Campbell





    32-701-04

  1                      A bill to be entitled

  2         An act relating to vehicular homicide; amending

  3         s. 782.071, F.S.; providing that operating a

  4         motor vehicle without having slept within the

  5         preceding 24 hours creates a rebuttable

  6         presumption that the person is operating the

  7         vehicle in a reckless manner for purposes of

  8         vehicular-homicide provisions; providing an

  9         effective date.

10  

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

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13         Section 1.  Section 782.071, Florida Statutes, is

14  amended to read:

15         782.071  Vehicular homicide.--"Vehicular homicide" is

16  the killing of a human being, or the killing of a viable fetus

17  by any injury to the mother, caused by the operation of a

18  motor vehicle by another in a reckless manner likely to cause

19  the death of, or great bodily harm to, another.

20         (1)  Vehicular homicide is:

21         (a)  A felony of the second degree, punishable as

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

23         (b)  A felony of the first degree, punishable as

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

25         1.  At the time of the accident, the person knew, or

26  should have known, that the accident occurred; and

27         2.  The person failed to give information and render

28  aid as required by s. 316.062.

29  

30  This paragraph does not require that the person knew that the

31  accident resulted in injury or death.

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






    Florida Senate - 2004                                  SB 1324
    32-701-04




 1         (2)  For purposes of this section, a fetus is viable

 2  when it becomes capable of meaningful life outside the womb

 3  through standard medical measures.

 4         (3)  Operating a motor vehicle without having slept

 5  within the preceding 24 hours creates a rebuttable presumption

 6  that the person is operating the vehicle in a reckless manner.

 7         (4)(3)  A right of action for civil damages shall exist

 8  under s. 768.19, under all circumstances, for all deaths

 9  described in this section.

10         (5)(4)  In addition to any other punishment, the court

11  may order the person to serve 120 community service hours in a

12  trauma center or hospital that regularly receives victims of

13  vehicle accidents, under the supervision of a registered

14  nurse, an emergency room physician, or an emergency medical

15  technician pursuant to a voluntary community service program

16  operated by the trauma center or hospital.

17         Section 2.  This act shall take effect July 1, 2004.

18  

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20                          SENATE SUMMARY

21    Provides that a person who operates a motor vehicle
      without having slept within the preceding 24-hour period
22    is presumed to be operating the vehicle in a reckless
      manner for purposes of the vehicular homicide law.
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CODING: Words stricken are deletions; words underlined are additions.