Senate Bill sb0090
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Florida Senate - 2004 SB 90
By Senator Cowin
20-227-04
1 A bill to be entitled
2 An act relating to homicide of an unborn quick
3 child; amending s. 316.193, F.S.; including the
4 death of an unborn quick child under DUI
5 manslaughter; amending s. 782.071, F.S.; making
6 the killing of an unborn quick child rather
7 than the killing of a viable fetus a "vehicular
8 homicide"; deleting a provision describing the
9 viability of a fetus; amending s. 782.09, F.S.;
10 providing that killing an unborn quick child by
11 injury to the mother which would be murder in
12 any degree if it resulted in the death of the
13 mother is murder in the same degree; providing
14 penalties; providing that the unlawful killing
15 of an unborn quick child by injury to the
16 mother which would be manslaughter if it
17 resulted in the death of the mother is
18 manslaughter; providing penalties; providing
19 that the death of the mother does not bar
20 prosecution under specified circumstances;
21 providing that the section does not authorize
22 prosecution of a person in connection with a
23 termination of pregnancy; amending s. 921.0022,
24 F.S., relating to the Criminal Punishment Code
25 offense severity ranking chart; conforming
26 provisions to changes made by the act;
27 providing an effective date.
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29 Be It Enacted by the Legislature of the State of Florida:
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Florida Senate - 2004 SB 90
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1 Section 1. Subsection (3) of section 316.193, Florida
2 Statutes, is amended to read:
3 316.193 Driving under the influence; penalties.--
4 (3) Any person:
5 (a) Who is in violation of subsection (1);
6 (b) Who operates a vehicle; and
7 (c) Who, by reason of such operation, causes or
8 contributes to causing:
9 1. Damage to the property or person of another commits
10 a misdemeanor of the first degree, punishable as provided in
11 s. 775.082 or s. 775.083.
12 2. Serious bodily injury to another, as defined in s.
13 316.1933, commits a felony of the third degree, punishable as
14 provided in s. 775.082, s. 775.083, or s. 775.084.
15 3. The death of any human being or unborn quick child
16 commits DUI manslaughter, and commits:
17 a. A felony of the second degree, punishable as
18 provided in s. 775.082, s. 775.083, or s. 775.084.
19 b. A felony of the first degree, punishable as
20 provided in s. 775.082, s. 775.083, or s. 775.084, if:
21 (I) At the time of the crash, the person knew, or
22 should have known, that the crash occurred; and
23 (II) The person failed to give information and render
24 aid as required by s. 316.062.
25 Section 2. Section 782.071, Florida Statutes, is
26 amended to read:
27 782.071 Vehicular homicide.--"Vehicular homicide" is
28 the killing of a human being, or the killing of an unborn
29 quick child a viable fetus by any injury to the mother, caused
30 by the operation of a motor vehicle by another in a reckless
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Florida Senate - 2004 SB 90
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1 manner likely to cause the death of, or great bodily harm to,
2 another.
3 (1) Vehicular homicide is:
4 (a) A felony of the second degree, punishable as
5 provided in s. 775.082, s. 775.083, or s. 775.084.
6 (b) A felony of the first degree, punishable as
7 provided in s. 775.082, s. 775.083, or s. 775.084, if:
8 1. At the time of the accident, the person knew, or
9 should have known, that the accident occurred; and
10 2. The person failed to give information and render
11 aid as required by s. 316.062.
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13 This paragraph does not require that the person knew that the
14 accident resulted in injury or death.
15 (2) For purposes of this section, a fetus is viable
16 when it becomes capable of meaningful life outside the womb
17 through standard medical measures.
18 (2)(3) A right of action for civil damages shall exist
19 under s. 768.19, under all circumstances, for all deaths
20 described in this section.
21 (3)(4) In addition to any other punishment, the court
22 may order the person to serve 120 community service hours in a
23 trauma center or hospital that regularly receives victims of
24 vehicle accidents, under the supervision of a registered
25 nurse, an emergency room physician, or an emergency medical
26 technician pursuant to a voluntary community service program
27 operated by the trauma center or hospital.
28 Section 3. Section 782.09, Florida Statutes, is
29 amended to read:
30 782.09 Killing of unborn quick child by injury to
31 mother.--
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Florida Senate - 2004 SB 90
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1 (1) The unlawful willful killing of an unborn quick
2 child, by any injury to the mother of such child which would
3 be murder if it resulted in the death of such mother, shall be
4 deemed murder in the same degree as that which would have been
5 committed against the mother. A person who unlawfully kills an
6 unborn quick child by any injury to the mother:
7 (a) Which would be murder in the first degree
8 constituting a capital felony if it resulted in the mother's
9 death commits murder in the first degree constituting a
10 capital felony, punishable as provided in s. 775.082.
11 (b) Which would be murder in the second degree if it
12 resulted in the mother's death commits murder in the second
13 degree, a felony of the first degree, punishable as provided
14 in s. 775.082, s. 775.083, or s. 775.084.
15 (c) Which would be murder in the third degree if it
16 resulted in the mother's death commits murder in the third
17 degree manslaughter, a felony of the second degree, punishable
18 as provided in s. 775.082, s. 775.083, or s. 775.084.
19 (2) The unlawful killing of an unborn quick child by
20 any injury to the mother of such child which would be
21 manslaughter if it resulted in the death of such mother shall
22 be deemed manslaughter. A person who unlawfully kills an
23 unborn quick child by any injury to the mother which would be
24 manslaughter if it resulted in the mother's death commits
25 manslaughter, a felony of the second degree, punishable as
26 provided in s. 775.082, s. 775.083, or s. 775.084.
27 (3) The death of the mother resulting from the same
28 act or criminal episode which caused the death of the unborn
29 quick child shall not bar prosecution under this section.
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1 (4) This section does not authorize the prosecution of
2 any person in connection with a termination of pregnancy
3 pursuant to chapter 390.
4 Section 4. Paragraph (g) of subsection (3) of section
5 921.0022, Florida Statutes, is amended to read:
6 921.0022 Criminal Punishment Code; offense severity
7 ranking chart.--
8 (3) OFFENSE SEVERITY RANKING CHART
9
10 Florida Felony
11 Statute Degree Description
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14 (g) LEVEL 7
15 316.027(1)(b) 2nd Accident involving death, failure
16 to stop; leaving scene.
17 316.193(3)(c)2. 3rd DUI resulting in serious bodily
18 injury.
19 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
20 bodily injury.
21 402.319(2) 2nd Misrepresentation and negligence
22 or intentional act resulting in
23 great bodily harm, permanent
24 disfiguration, permanent
25 disability, or death.
26 409.920(2) 3rd Medicaid provider fraud.
27 456.065(2) 3rd Practicing a health care
28 profession without a license.
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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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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 - 2004 SB 90
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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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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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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(8)(a) 2nd Solicitation of motor vehicle
26 accident victims with intent to
27 defraud.
28 817.234(9) 2nd Organizing, planning, or
29 participating in an intentional
30 motor vehicle collision.
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1 817.234(11)(c) 1st Insurance fraud; property value
2 $100,000 or more.
3 817.2341(2)(b)&
4 (3)(b) 1st Making false entries of material
5 fact or false statements
6 regarding property values
7 relating to the solvency of an
8 insuring entity which are a
9 significant cause of the
10 insolvency of that entity.
11 825.102(3)(b) 2nd Neglecting an elderly person or
12 disabled adult causing great
13 bodily harm, disability, or
14 disfigurement.
15 825.103(2)(b) 2nd Exploiting an elderly person or
16 disabled adult and property is
17 valued at $20,000 or more, but
18 less than $100,000.
19 827.03(3)(b) 2nd Neglect of a child causing great
20 bodily harm, disability, or
21 disfigurement.
22 827.04(3) 3rd Impregnation of a child under 16
23 years of age by person 21 years
24 of age or older.
25 837.05(2) 3rd Giving false information about
26 alleged capital felony to a law
27 enforcement officer.
28 838.015 2nd Bribery.
29 838.016 2nd Unlawful compensation or reward
30 for official behavior.
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1 838.021(3)(a) 2nd Unlawful harm to a public
2 servant.
3 838.22 2nd Bid tampering.
4 872.06 2nd Abuse of a dead human body.
5 893.13(1)(c)1. 1st Sell, manufacture, or deliver
6 cocaine (or other drug prohibited
7 under s. 893.03(1)(a), (1)(b),
8 (1)(d), (2)(a), (2)(b), or
9 (2)(c)4.) within 1,000 feet of a
10 child care facility, school, or
11 state, county, or municipal park
12 or publicly owned recreational
13 facility or community center.
14 893.13(1)(e)1. 1st Sell, manufacture, or deliver
15 cocaine or other drug prohibited
16 under s. 893.03(1)(a), (1)(b),
17 (1)(d), (2)(a), (2)(b), or
18 (2)(c)4., within 1,000 feet of
19 property used for religious
20 services or a specified business
21 site.
22 893.13(4)(a) 1st Deliver to minor cocaine (or
23 other s. 893.03(1)(a), (1)(b),
24 (1)(d), (2)(a), (2)(b), or
25 (2)(c)4. drugs).
26 893.135(1)(a)1. 1st Trafficking in cannabis, more
27 than 25 lbs., less than 2,000
28 lbs.
29 893.135
30 (1)(b)1.a. 1st Trafficking in cocaine, more than
31 28 grams, less than 200 grams.
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1 893.135
2 (1)(c)1.a. 1st Trafficking in illegal drugs,
3 more than 4 grams, less than 14
4 grams.
5 893.135
6 (1)(d)1. 1st Trafficking in phencyclidine,
7 more than 28 grams, less than 200
8 grams.
9 893.135(1)(e)1. 1st Trafficking in methaqualone, more
10 than 200 grams, less than 5
11 kilograms.
12 893.135(1)(f)1. 1st Trafficking in amphetamine, more
13 than 14 grams, less than 28
14 grams.
15 893.135
16 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
17 grams or more, less than 14
18 grams.
19 893.135
20 (1)(h)1.a. 1st Trafficking in
21 gamma-hydroxybutyric acid (GHB),
22 1 kilogram or more, less than 5
23 kilograms.
24 893.135
25 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1
26 kilogram or more, less than 5
27 kilograms.
28 893.135
29 (1)(k)2.a. 1st Trafficking in Phenethylamines,
30 10 grams or more, less than 200
31 grams.
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1 896.101(5)(a) 3rd Money laundering, financial
2 transactions exceeding $300 but
3 less than $20,000.
4 896.104(4)(a)1. 3rd Structuring transactions to evade
5 reporting or registration
6 requirements, financial
7 transactions exceeding $300 but
8 less than $20,000.
9 Section 5. This act shall take effect October 1, 2004,
10 and shall apply to offenses committed on or after that date.
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13 SENATE SUMMARY
14 Includes the death of an unborn quick child under DUI
manslaughter. Makes the killing of an unborn quick child
15 rather than the killing of a viable fetus a "vehicular
homicide." Deletes a provision describing the viability
16 of a fetus. Provides that killing an unborn quick child
by injury to the mother which would be murder in any
17 degree if it resulted in the death of the mother is
murder in the same degree. Provides that the unlawful
18 killing of an unborn quick child by injury to the mother
which would be manslaughter if it resulted in the death
19 of the mother is manslaughter. Provides penalties.
Provides that the death of the mother does not bar
20 prosecution under specified circumstances. Declares that
the section does not authorize prosecution of a person in
21 connection with a termination of pregnancy. Conforming
provisions of the Criminal Punishment Code offense
22 severity ranking chart to changes made by the act.
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