HB 0521 2004
   
1 A bill to be entitled
2          An act relating to vehicular homicide; amending s.
3    782.071, F.S.; providing that operating a motor vehicle
4    without having slept within the preceding 24 hours creates
5    a rebuttable presumption that the person is operating the
6    vehicle in a reckless manner for purposes of vehicular-
7    homicide provisions; providing an effective date.
8         
9          Be It Enacted by the Legislature of the State of Florida:
10         
11          Section 1. Section 782.071, Florida Statutes, is amended
12    to read:
13          782.071 Vehicular homicide.--"Vehicular homicide" is the
14    killing of a human being, or the killing of a viable fetus by
15    any injury to the mother, caused by the operation of a motor
16    vehicle by another in a reckless manner likely to cause the
17    death of, or great bodily harm to, another.
18          (1) Vehicular homicide is:
19          (a) A felony of the second degree, punishable as provided
20    in s. 775.082, s. 775.083, or s. 775.084.
21          (b) A felony of the first degree, punishable as provided
22    in s. 775.082, s. 775.083, or s. 775.084, if:
23          1. At the time of the accident, the person knew, or should
24    have known, that the accident occurred; and
25          2. The person failed to give information and render aid as
26    required by s. 316.062.
27         
28          This paragraph does not require that the person knew that the
29    accident resulted in injury or death.
30          (2) For purposes of this section, a fetus is viable when
31    it becomes capable of meaningful life outside the womb through
32    standard medical measures.
33          (3) For purposes of this section, operating a motor
34    vehicle without having slept within the preceding 24 hours
35    creates a rebuttable presumption that the person is operating
36    the vehicle in a reckless manner.
37          (4)(3)A right of action for civil damages shall exist
38    under s. 768.19, under all circumstances, for all deaths
39    described in this section.
40          (5)(4)In addition to any other punishment, the court may
41    order the person to serve 120 community service hours in a
42    trauma center or hospital that regularly receives victims of
43    vehicle accidents, under the supervision of a registered nurse,
44    an emergency room physician, or an emergency medical technician
45    pursuant to a voluntary community service program operated by
46    the trauma center or hospital.
47          Section 2. This act shall take effect July 1, 2004.