Senate Bill sb2432

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    Florida Senate - 2004                                  SB 2432

    By Senator Crist





    12-353B-04

  1                      A bill to be entitled

  2         An act relating to vehicular accidents

  3         involving death or personal injuries; providing

  4         a short title; amending s. 316.027, F.S.;

  5         requiring the court to sentence a driver of a

  6         vehicle to a minimum term of imprisonment if

  7         the person is driving under the influence and

  8         leaves the scene of an accident that results in

  9         death; requiring the court to order the driver

10         of a vehicle to make restitution to the victim

11         for any damage or loss if a driver leaves the

12         scene of an accident that results in injury or

13         death; requiring the court to make the payment

14         of restitution a condition of probation;

15         providing that an order requiring the defendant

16         to make restitution to a victim does not remove

17         or diminish the requirement that the court

18         order payment to the Crimes Compensation Trust

19         Fund; amending s. 316.193, F.S.; requiring that

20         a person convicted of DUI manslaughter be

21         sentenced to a mandatory minimum term of

22         imprisonment; amending s. 921.0021, F.S.;

23         requiring that victim-injury points be assessed

24         against an offender convicted of leaving the

25         scene of an accident that results in injury or

26         death; providing an effective date.

27  

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

29  

30         Section 1.  Sections 316.027 and 316.193, Florida

31  Statutes, may be cited as the "Adam Arnold Act."

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    Florida Senate - 2004                                  SB 2432
    12-353B-04




 1         Section 2.  Section 316.027, Florida Statutes, is

 2  amended to read:

 3         316.027  Crash involving death or personal injuries.--

 4         (1)(a)  The driver of any vehicle involved in a crash

 5  resulting in injury of any person must immediately stop the

 6  vehicle at the scene of the crash, or as close thereto as

 7  possible, and must remain at the scene of the crash until he

 8  or she has fulfilled the requirements of s. 316.062. Any

 9  person who willfully violates this paragraph commits is guilty

10  of a felony of the third degree, punishable as provided in s.

11  775.082, s. 775.083, or s. 775.084.

12         (b)  The driver of any vehicle involved in a crash

13  resulting in the death of any person must immediately stop the

14  vehicle at the scene of the crash, or as close thereto as

15  possible, and must remain at the scene of the crash until he

16  or she has fulfilled the requirements of s. 316.062. Any

17  person who willfully violates this paragraph commits is guilty

18  of a felony of the second degree, punishable as provided in s.

19  775.082, s. 775.083, or s. 775.084. Any person who willfully

20  violates this paragraph while driving under the influence as

21  set forth in s. 316.193(1) shall be sentenced to a mandatory

22  minimum term of imprisonment of 2 years.

23         (c)  Notwithstanding s. 775.089(1)(a), if the driver of

24  a vehicle violates paragraph (a) or paragraph (b), the court

25  shall order the driver to make restitution to the victim for

26  any damage or loss unless the court finds clear and compelling

27  reasons not to order the restitution. Restitution may be

28  monetary or nonmonetary restitution. The court shall make the

29  payment of restitution a condition of probation in accordance

30  with s. 948.03. An order requiring the defendant to make

31  restitution to a victim does not remove or diminish the

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    Florida Senate - 2004                                  SB 2432
    12-353B-04




 1  requirement that the court order payment to the Crimes

 2  Compensation Trust Fund pursuant to chapter 960. Payment of an

 3  award by the Crimes Compensation Trust Fund creates an order

 4  of restitution to the Crimes Compensation Trust Fund, unless

 5  specifically waived in accordance with s. 775.089(1)(b).

 6         (2)  The department shall revoke the driver's license

 7  of the person so convicted.

 8         (3)  Every stop must be made without obstructing

 9  traffic more than is necessary, and, if a damaged vehicle is

10  obstructing traffic, the driver of the vehicle must make every

11  reasonable effort to move the vehicle or have it moved so as

12  not to obstruct the regular flow of traffic.  Any person who

13  fails to comply with this subsection shall be cited for a

14  nonmoving violation, punishable as provided in chapter 318.

15         (4)  A person whose commission of a noncriminal traffic

16  infraction or any violation of this chapter or s. 1006.66

17  causes or results in the death of another person may, in

18  addition to any other civil, criminal, or administrative

19  penalty imposed, be required by the court to serve 120

20  community service hours in a trauma center or hospital that

21  regularly receives victims of vehicle accidents, under the

22  supervision of a registered nurse, an emergency room

23  physician, or an emergency medical technician pursuant to a

24  voluntary community service program operated by the trauma

25  center or hospital.

26         Section 3.  Subsection (3) of section 316.193, Florida

27  Statutes, is amended to read:

28         316.193  Driving under the influence; penalties.--

29         (3)  Any person:

30         (a)  Who is in violation of subsection (1);

31         (b)  Who operates a vehicle; and

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    Florida Senate - 2004                                  SB 2432
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 1         (c)  Who, by reason of such operation, causes or

 2  contributes to causing:

 3         1.  Damage to the property or person of another commits

 4  a misdemeanor of the first degree, punishable as provided in

 5  s. 775.082 or s. 775.083.

 6         2.  Serious bodily injury to another, as defined in s.

 7  316.1933, commits a felony of the third degree, punishable as

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

 9         3.  The death of any human being commits DUI

10  manslaughter, and commits:

11         a.  A felony of the second degree, punishable as

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

13         b.  A felony of the first degree, punishable as

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

15         (I)  At the time of the crash, the person knew, or

16  should have known, that the crash occurred; and

17         (II)  The person failed to give information and render

18  aid as required by s. 316.062.

19  

20  A person who is convicted of DUI manslaughter shall be

21  sentenced to a mandatory minimum term of imprisonment of 4

22  years.

23         Section 4.  Subsection (7) of section 921.0021, Florida

24  Statutes, is amended to read:

25         921.0021  Definitions.--As used in this chapter, for

26  any felony offense, except any capital felony, committed on or

27  after October 1, 1998, the term:

28         (7)(a)  "Victim injury" means the physical injury or

29  death suffered by a person as a direct result of the primary

30  offense, or any additional offense, for which an offender is

31  

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    Florida Senate - 2004                                  SB 2432
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 1  convicted and which is pending before the court for sentencing

 2  at the time of the primary offense.

 3         (b)  Except as provided in paragraph (c) or paragraph

 4  (d),

 5         1.  If the conviction is for an offense involving

 6  sexual contact that includes sexual penetration, the sexual

 7  penetration must be scored in accordance with the sentence

 8  points provided under s. 921.0024 for sexual penetration,

 9  regardless of whether there is evidence of any physical

10  injury.

11         2.  If the conviction is for an offense involving

12  sexual contact that does not include sexual penetration, the

13  sexual contact must be scored in accordance with the sentence

14  points provided under s. 921.0024 for sexual contact,

15  regardless of whether there is evidence of any physical

16  injury.

17  

18  If the victim of an offense involving sexual contact suffers

19  any physical injury as a direct result of the primary offense

20  or any additional offense committed by the offender resulting

21  in conviction, such physical injury must be scored separately

22  and in addition to the points scored for the sexual contact or

23  the sexual penetration.

24         (c)  The sentence points provided under s. 921.0024 for

25  sexual contact or sexual penetration may not be assessed for a

26  violation of s. 944.35(3)(b)2.

27         (d)  If the conviction is for the offense described in

28  s. 872.06, the sentence points provided under s. 921.0024 for

29  sexual contact or sexual penetration may not be assessed.

30  

31  

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    Florida Senate - 2004                                  SB 2432
    12-353B-04




 1         (e)  Notwithstanding paragraph (a), if the conviction

 2  is for an offense described in s. 316.027, sentence points for

 3  victim injury shall be assessed against the offender.

 4         Section 5.  This act shall take effect July 1, 2004.

 5  

 6            *****************************************

 7                          SENATE SUMMARY

 8    Creates the "Adam Arnold Act." Requires the court to
      sentence a driver of a vehicle to a minimum term of
 9    imprisonment if the person is driving under the influence
      and leaves the scene of an accident that results in
10    death. Provides for the court to order the driver of a
      vehicle to make restitution to the victim for any damage
11    or loss caused when the driver leaves the scene of an
      accident that results in injury or death. Requires the
12    court to make the payment of restitution a condition of
      probation. Provides that an order requiring the defendant
13    to make restitution to a victim does not remove or
      diminish the requirement that the court order payment to
14    the Crimes Compensation Trust Fund. Requires that a
      person convicted of DUI manslaughter be sentenced to a
15    mandatory minimum term of imprisonment. Requires that
      sentence points for victim injury be assessed against an
16    offender convicted of leaving the scene of an accident
      that results in injury or death.
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